Question. I mean anything reliable?

Answer. No, sir; I did not.

By the COURT:

Question. Had you any evidence corroborating what that rebel soldier said?

Answer. Nothing more than their own admissions after the surrender, and what I saw with my own eyes. I saw any quantity of them.

By Colonel FORD:

Question. Did you hear Adjutant Barras, when he returned, report to me that he could not hold the men of his regiment; that all of them had run again?

Answer. I do not recollect.

Question. Did you hear Colonel Miles make this remark, "Arrest the major! Damn him! Shott him the first moment you see him!"

Answer. I think I did.

By the COURT:

Question. Do you know why Colonel Miles made no artificial defenses on Maryland Heights, or caused them to be made?

Answer. I do not.

Question. Did you ever hear him speak of it at all?

Answer. I did not. There was a traverse thrown up there, probably on Saturday morning, a short traverse.

Question. That was all the defenses there were then?

Answer. Yes, sir.

Question. What is the nature of the country on Maryland Heights; is it a wooded country?

Answer. Yes, sir.

Question. Thickly wooded?

Answer. Yes, sir; that is, undergrowth.

Question. How far can a man see in any one direction there, as he is going along?

Answer. From the battery you can see in one direction toward Solomon's Gap.

Question. I mean close to the ground; not over the hill.

Answer. You could not see, on an average, over 100 yards.

Question. Those 500 men, stragglers, that you speak of, were they all in sight?

Answer. They were in the road. I do not think there were 500; it would not approach 500, I am sure. They were in the road commencing at the battery and going up to the summit. There were earthworks on Bolivar Heights; they were put up under the direction of Captain Boyle.

Dr. RICHARD E. SUTTON, called by the Government, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. What is your position in the military service?

Answer. I am the regimental surgeon of the One hundred and fifteenth New York.