By Colonel D'UTASSY:

Question. Who saved the flag of your regiment at the time of the surrender?

Answer. Colonel D'Utassy.

By General WHITE:

Question. At the time of the surrender of Harper's Ferry, what was your opinion as to the utility of further resistance, in view of the position in which you were placed?

Answer. My opinion is this, from all the knowledge I had, from the location of the place, and all the surroundings, if everything had been ordered up on Maryland Heights, I think we could have held out. But as that was evacuated, the surrender was inevitable; had to take place. I think if the forces had all been taken up on Maryland Heights on Friday, all the artillery, we could have held out.

By the COURT:

Question. Was there any difficulty about water on the heights for so large a force?

Answer. There may have been. I am now speaking of the general features of the locality, of the place. Perhaps I had better add a word about the time that Colonel Miles and Colonel Ford ordered me in front of those batteries. They ordered me there to protect them, and not allow the enemy to outflank us. Colonel Ford said they were coming down in force.

Lieutenant Colonel HASBROUCK DAVIS called by General White, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. What position do you occupy in the military service?

Answer. I am lieutenant-colonel, commanding the Twelfth Illinois Cavalry. I commanded them on the night of the evacuation of Harper's Ferry by the cavalry.

By General WHITE:

Question. Did you leave Harper's Ferry on Sunday evening, September 14; and, if so, was the route taken by the cavalry practicable for artillery and infantry?

Answer. I did leave then. The route was not practicable for artillery and infantry at the rate we marched.

Question. Do you think it would have been practicable to have taken out the artillery and infantry by that route without attracting the attention of the enemy?

Answer. We passed over the pontoon bridge and turned to the left in column of twos; we passed up between the canal and the bluff, and then turned to the right in the woods, and passed up several steep eminences. I should suppose that it was not a very good road at any time for artillery; I doubt whether it would have been practicable. But at the rate at which we marched that night, it would have been utterly impossible for the artillery and infantry to have accompanied us, even if the road had been good.

By the JUDGE-ADVOCATE:

Question. At what rate did you march?

Answer. We marched very swiftly, much of the time at a gallop; especially when we passed the pickets we went at a gallop; at other times at a trot. Until we reached Sharpsburg we marched at an exhausting rate; at too exhausting a rate, I thought. We passed the rear pickets of the enemy's force this side of the Antietam Works.

By General WHITE:

Question. What other route was proposed, and by whom, and why was it rejected?