Question. Were you at the siege of Harper's Ferry with that battery?

Answer. Yes, sir.

Question. At the time of the surrender, on Monday, the 15th, how much ammunition had you on hand for all your guns, and of what class?

Answer. I cannot say the exact amount. I had been firing a great part of Saturday and on Sunday a part of my guns, and on Monday morning I kept up a very lively fire with all my guns. A part of my ammunition was blown up on Saturday; I could not say what amount.

Question. What was that you had left?

Answer. Mostly shrapnel.

By the COURT:

Question. How much ammunition did you lose by the explosion?

Answer. About 100 rounds.

Question. What was your loss in killed and wounded during the siege of Harper's Ferry?

Answer. One of my gunners and one private were wounded by the explosion of the limber, and one of the officers' servants was struck in the leg by a piece of shell. That was all the casualties I had.

By General WHITE:

Question. What part of the line were you on?

Answer. On the right-center of Bolivar Heights, except Monday morning, when I was down the Shepherdstown road.

By the COURT:

Question. What caused this limber to explode?

Answer. A shell of the enemy struck into it; a shell from Maryland Heights.

The Commission then adjourned to 11 a.m. on Monday next.

WASHINGTON, D. C., October 13, 1862.

The Commission met pursuant to adjournment.

* * * * * * *

The minutes of the last meeting were then read and approved. The judge-advocate informed the Commission that the Secretary of War directs that the Commission also investigate and report upon the evacuation of Winchester by General White.*

Dr. Benjamin B. Miles appeared in attendance upon the sessions of the Commission as the representative of his father, the late Colonel D. S. Miles, and was sworn to secrecy.

At the request of General White, Captain Henry Curtis, jr., and Lieutenant Henry M. Binney were admitted to the roon, sworn to secrecy, and authorized to make a copy of the testimony taken in this case, for purposes of defense only.

Lieutenant CHARLES G. BACON, called by Colonel D'Utassy, and sworn and examined as follows:

By Colonel D'UTASSY:

Question. What is your position in the United States service?

Answer. I am first lieutenant of your regiment. At the time you were commanding the First Brigade at Harper's Ferry, I was acting assistant adjutant-general.

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*See Series I, Vol. XII., Part II, p. 767.

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