Question. Were you present on Maryland Heights the day of the evacuation?

Answer. I was present on Saturday morning after the skirmish.

Question. While it was still held by our troops?

Answer. Yes, sir.

Question. You did not witness the skirmish?

Answer. There had been a skirmish, and two companies of the One hundred and fifteenth were in it. The balance of the regiment were ordered up. There was a little scattering fire when I got up, but no general engagement.

Question. Was Colonel Miles there?

Answer. I saw Colonel Miles in conversation with Colonel Ford, at Colonel Ford's headquarters, when I got on the hill.

Question. Do you know anything as to any directions he gave in reference to the heights being held?

Answer. I do not; anything more than mere rumor.

Question. You are not a military man by profession?

Answer. No, sir.

Question. Did you see anything of the conduct of the One hundred and twenty-sixth New York that day?

Answer. I passed over in the rear of our regiment. I was detained a few moments to have a shoe set. When I got to Colonel Ford's headquarters, I crossed Major Baird of that regiment and a few men of the regiment, perhaps 20, who were looking for their regiment. My regiment had passed on in advance of them. I found their position and he accompanied me to the rear of that regiment and then passed to our right, to the rear of McGrath's battery. That was all I saw.

Question. They professed to be looking for their regiment?

Answer. Yes, sir; they told me they were looking for the regiment, as they had been ordered back to the heights. But the major thought it was impossible to hold possession of the heights; still, he was looking for his regiment.

By the COURT:

Question. This was after you got on the heights?

Answer. Yes, sir.

Question. Did you see any of that regiment on your way up?

Answer. Only that portion of it.

Question. About 20 men, you say?

Answer. I think about 20 men; it did not exceed that.

Question. Did the major state how he became separated from the regiment?

Answer. I do not remember that he did. I rather from the conversation that on their retreat they had got separated. I found that the two companies of the One hundred and fifteenth that had been up with them had also been separated from the regiment.

Captain SILAS F. RIGBY, called by General White, and sworn and examined as follows:

By General WHITE:

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

Answer. Commander of the First Independent Indiana Battery.