By Colonel D'UTASSY:

Question. Do you know what became of the gunpowder which you brought down from Maryland Heights?

Answer. I do not.

By General WHITE:

Question. I believe you have stated that I consulted with you in regard to not assuming the command.

Answer. You did. I have so stated, and that I concurred in your opinion.

By the COURT:

Question. If you had been yourself ordered with your command to have kept the post of Harper's Ferry to the last extremity, knowing all the circumstances and the condition of things as they were at that time, would you have considered yourself justified in giving up the post at the time it was surrendered?

Answer. I would rather not undertake to answer that question, for I do not think I can do so intelligently; it is so exceedingly problematical that I would rather not answer it.

Question. You can answer the question. If you had orders to defend the post to the last extremity, and if you had known all the circumstances that existed at that time, that the ammunition was out, &c., would you have considered yourself justified in surrendering at that time-in other words, would you have considered that the "last extremity?"

Answer. I do not think it was the last extremity. My impression is that we would have driven the enemy back in the first assault, with heavy loss, and they would probably have slaughtered us in the second.

By General WHITE:

Question. Would the further fight, which you think might have been made, have been productive of anything more than a temporary delay, if any?

Answer. I do not believe it would have resulted in holding the place.

Question. I understand you, then, to say, that, although the last extremity literally had not been reached at the time of the surrender, practically, so far as any good results were concerned, it had been reached?

Answer. I stated that any further engagement would not, in my opinion, have changed the result. The place would have fallen.

By the COURT:

Question. Was or was it not, then, your impression, at the time, that the surrender should have taken place, or you should have cut your way out through the enemy, one way or the other?

Answer. It occurred to me, at 3 o'clock on Monday morning, when I made the last application at Colonel D'Utassy's quarters, that that was the last opportunity we had to leave the place. We would have got clear of the Ferry just about daybreak, but subsequently we could not have left. From what I saw myself, the force of the enemy was overwhelming. I might add that the force of General White, and I can say so generally of all the forces that came in, entered the Ferry with the impression that they had reached a fortress, but when they got there they found that no work had been done upon the place at all; that there were no abatis; no preparations for defense, and if there were any infantry intrenchments there I was not able to discover them.

Question. Were there no defenses at all on Bolivar Heights?

Answer. Nothing to speak of; twenty-four hours' labor would do all that was done there.