military movement itself. What little I know about military, Colonel Downey and the men that were there were for doing their duty. Colonel Downey and Major Hewitt did all they could.

Question. Did the other troops fall back at the same time the One hundred and twenty-sixth did?

Answer. There were some of the One hundred and twenty-sixth gave way at the time of the first engagement I am speaking of; some of them broke and ran. I think they were with those Maryland cavalrymen; and afterward Colonel Sherrill and myself made them go back; some of them we could not get more than in 3 or 4 rods of the line; three of them behind one tree, I recollect. They did not show themselves the men I expected they were. They did very well, though.

Question. The troops of your regiment?

Answer. Yes, sir; some of our regiment.

Question. The question was, when your regiment fell back, did the other regiments fall back with them?

Answer. All fell back together to the breastworks. The breastworks did not amount to much any way. After I went to Harper's Ferry there was nothing done there toward fortifying the place, of any consequence.

Question. How long were you there?

Answer. A couple of weeks, I should think. I could tell to a day by looking to the record. But I did not know what I was ordered here for.

Question. What was the name of the major of your regiment?

Answer. Major Baird.

Question. Did Major Baird exert himself as he should have done as the commanding officer of his regiment, or did he run off with the men?

Answer. Well, I do not know as I could be a judge of how a man should perform up there.

Question. What did you think about it? Did you think he did everything that should have been done by a commanding officer? Did he set a proper example to his men, or did he run off with them and set them a bad example?

Answer. Well,sir, I could not say, myself, that I think he did all he could; I think he could have done more.

Question. You think he should have done more than he did do?

Answer. Yes, sir.

Question. Did he as an officer behave in a disreputable manner or not? That is the point. You are brought here against your will, and sworn to tell the truth and the whole truth. Why not answer the question at once. If you do not answer it here, you will be compelled to answer it before another tribunal.

Answer. I shall answer every question if I can answer it conscientiously.

Question. Say then what you think.

Answer. Well, sir, I do not think he acted as I should have done if I were placed as he was, or any other man holding Maryland Heights, holding command there as an officer. He is a particular friend of mine, and I respect him as a man and a citizen; but if a man dodges behind trees under such circumstances it looks bad to me, placed the way I was.

Question. Did he at any time become separated from his regiment?

Answer. Yes, sir.

Question. For how long a time?

Answer. I do not know as he was over a proper distance, which I suppose is 12 paces distant. Well, he run ahead of his whole company when they broke.