Question. You had a view of the enemy and the condition of our forces?

Answer. I had a private opinion.

Question. Give us that opinion.

Answer. Well, sir, I think at the time there was no particular necessity for it. I think we could have held Maryland Heights with the force we had at Harper's Ferry for some time. With the force we had on the hill I do not think we could. I do not know what force the enemy had. I cannot tell anything about that. I was on the lookout Friday night. I saw with my glass and with my naked eye, and counted their camp-fires as high as seventy.

By the COURT:

Question. Did you see any of the enemy killed?

Answer. I could see them fall.

Question. How many did you see fall?

Answer. Two or three.

Question. Did you think they fell from shots; was that your impression?

Answer. Yes, sir; I saw one fall the first, and, I think, the second engagement I saw two fall. I could see them throw up their arms and fall back.

Question. What officers of the One hundred and twenty-sixth aided in rallying the troops when they broke?

Answer. Colonel Sherrill.

Question. After he was wounded, when they broke then?

Answer. I cannot tell; I was down rallying the troops myself. When the second engagement was about half over, I was in the path on the mountain. There is a road, and there are several paths that lead around.

Question. Did you see any other officers of your regiment engaged in rallying the troops?

Answer. Yes, sir; I saw Captain Phillips, Company D.

Question. That was after Colonel Sherrill was wounded?

Answer. Before.

Question. Do you recollect any other officer besides Captain Phillips?

Answer. Yes, sir. There was Captain Scott, a very brave man, who stood through the whole thing until he was wounded.

Question. Who else?

Answer. Well, the officers stood generally with their commands. Company A was not there at all. They were up on the hill to the left of the skirmishers. Burrill was sick.

Question. Did not the officers in the first instance, as a general rule, all run off with the men?

Answer. They went with the men when they went back, I think.

Question. Did not Captain Phillips fall back with the men, also, at first?

Answer. I could not say. I do not know as I noticed him at the time they fell back finally.

Question. Is it not your opinion that the officers of your regiment behaved badly?

Answer. No, sir; not under the circumstances.