By the COURT:

Question. Was this their first interview after the colonel came down from Maryland Heights?

Answer. This was the first time I saw them together.

Question. It was as you came down, you say; how long was it after you got the order to fall back to Harper's Ferry?

Answer. Judging from the time in marching down, &c., it was perhaps an hour; about an hour, I should judge.

Question. Did Colonel Ford come down in advance of your command or behind?

Answer. He must have come down in advance, for I did not see him again after I left him to go up in the woods until I saw him at this point. I do not think he could have passed us, for the road was filled up.

Question. The point I want to get at is, do you know whether this was their first interview after the colonel came down from the heights?

Answer. That I do not know.

By Colonel FORD:

Question. Do you recollect that I was standing there managing the crossing of the troops at the pontoon bridge, and their passing under the railroad, as you came up?

Answer. You were right at that point, and, when I first observed you, Colonel Miles was near by.

Question. And from that point beckoned me?

Answer. Yes, sir.

By Colonel D'UTASSY:

Question. What do you know about the surrender of Harper's Ferry, and have you the general order I issued before the surrender?

Answer. I know very little, indeed, about the surrender. Here is an order I received on the 13th:

GENERAL ORDERS,
HEADQUARTERS FIRST BRIGADE,

Numbers 15.
Camp White, Bolivar Heights, September 13, 1862

Commanders of regiments and batteries will prepare cooked rations for their men, and fill all canteens with water to-night. We are entirely surrounded. The only hope we have is in conquering the enemy. Let our watchword and rallying cry then be "Victory or death 1" Regiments will be ready to fall in promptly at 4 a.m. to-morrow, as we shall, in all probability, be attacked at daybreak.

F. G. D'UTASSY

Colonel, Commanding First Brigade

We received those orders and we fulfilled them as we could.

Question. What was the conduct of the officers who are now under arrest, General White, Colonel Ford, Colonel Trimble, and myself, during the siege, as far as it came to your knowledge?

Answer. As far as it came to my personal knowledge, Colonel D'Utassy discharged his duty promptly and efficiently. He was at all times about his brigade and urging them to do their duty. General White I did not see until after the surrender. I heard him spoken of, when spoken of at all, very favorably. We were in no council connected with the surrender. We did what was required of us, and, after the surrender, stacked our arms where ordered. That is about all I know about it.

By the JUDGE-ADVOCATE:

Question. You did not answer as to Colonel Ford. Do you make the same reply in regard to Colonel Ford on the heights, so far as he came under your notice?

Answer. Undoubtedly.