Question. He did not behave as a commanding officer should behave, but set a bad example to his men?

Answer. I do not think he behaved the way a commanding officer ought to in the field.

Question. And set a bad example to his men?

Answer. I do not know whether they noticed it or not.

Question. It would have been a bad example if they had seen it?

Answer. Well, I think so; yes, sir.

Question. Did you notice this kind of conduct on the part of any other officers of your regiment?

Answer. I cannot say that I did; that I noticed anything out of character on the hill. They did not show that military-they did not have that influence over their men, of course, that I expected men would who had been in service a great while.

Question. Did not they set a bad example to their men?

Answer. No, sir; not on the hill; the officers stood pretty well, of the line.

Question. Subsequently did they behave badly?

Answer. Yes, sir; after they fell back beyond the lookout toward the Ferry. Well, under the circumstances, I do not know as they did. They held a council, the officers did. I went up and got together what I could with the regiment, and went up near the lookout. I met Captain Phillips and some of them up on the hill. They had been counseling together, and concluded they would fall back.

Question. Who ordered this council?

Answer. It was among themselves, the line officers.

Question. Made without any orders?

Answer. They said they had orders to fall back.

Question. Had they any orders to meet in council?

Answer. Not that I know of. I do not think that was proper. I did not consider it so then, and it is not.

Question. Did you see anything of what you considered improper conduct on the part of any other officers of any other regiments on the hill?

Answer. No, sir; I did not. The officers of other commands who were there, I think, behaved themselves very well. Colonel Downey I know did. I can speak of him particularly as far as I saw.

Question. And Major Hewitt?

Answer. When Major Hewitt was there he was not very near the engagement. He was in command of the hill, as I understand it. I saw him through the lookout. I ran back from the lookout to the breastworks several times, backward and forward, to get the men who scattered back to the breastworks. I saw him there the most of the time, except the time that Colonel Downey came up with the re-enforcements.

Question. How did Major Hewitt behave on that occasion?

Answer. Well, he had nothing particularly to do with the maneuvering. He was not very close to the engagement.

Question. He was in command, you say?

Answer. Yes, sir; he behaved pretty well.

Question. What do you know of his giving an order to retreat from the breastwork?

Answer. The order he gave to Colonel Sherrill before the second fight was, that if he could not hold the breastwork on the hill, if he was to fall back, to fall back by the road. There was a road you have to go down; after you get down a few rods it branches, and one branch led to McGrath's battery, and the other one branched