Answer. I saw Colonel Miles first on Saturday, when I reported the arrival of my regiment, and I saw him at a subsequent hour, when he ordered me to report to Colonel D'Utassy. On Sunday I saw Colonel Miles, and called his attention to the appearance of the enemy on Loudoun Heights, and I asked him what it meant. He said he did not know. I said that I would tell him; that they were planting batteries there, and we would very soon hear from them. He said they had tried that before, and had succeeded in getting up a 6-pounder, which did not amount to anything. I asked him when he supposed the assault would be made upon us. He said he did not believe there was going to be any; that the enemy were not going to throw away their men, as they knew our condition; it was only a question of a day or so. I do not remember of again seeing the colonel.

Question. From all that you saw of his conduct and bearing, what judgment did you form as to his capacity for such a command as he held there?

Answer. It was my opinion that he was not qualified for the command. His intellect seemed to be dim. He was not excited, but he seemed to be stupid. His intellect was dull, all confusion.

Question. You say he was not excited, but simply confused, insensible?

Answer. Confused and stupid. It seemed as though everything was mixed up in his mind.

By the COURT:

Question. At what time was your order to go to Maryland Heights countermanded by Colonel Miles?

Answer. About 1 o'clock on Saturday.

Question. That was before the evacuation of Maryland Heights?

Answer. An hour and a half, perhaps two hours, before.

Question. Your regiment was in readiness to go?

Answer. Yes, sir; and I expressed a desire to Colonel Miles that regiment should be sent there.

Question. Did Colonel Miles assign any reason for countermanding that order?

Answer. He said we would not be wanted over there.

Question. Did you ever serve under Colonel Miles before at Harper's Ferry?

Answer. I was over three months in Colonel Miles' command, although I was not at Harper's Ferry.

Question. Is your opinion of him formed from what you saw of him at Harper's Ferry, or from your general intercourse with him?

Answer. Chiefly from what occurred at Harper's Ferry.

Question. How often did you see him there?

Answer. I was three times in his company.

Question. How long each time?

Answer. Ten or fifteen minutes, with a little general conversation.

Question. Do you know whether that was the estimate held of him by the officers there generally?

Answer. I had every reason to believe, from what I had seen, that he stood very high in the estimation of the general commanding the department, General Wool.

Question. I speak of the officers at Harper's Ferry.

Answer. I believe they formed a very low estimate of his ability, and the troops seemed to have no confidence in his loyalty.