off to the right. He told us to fall back that road, but it was impossible to fall back there if they attempted to flank us, for the distance was so short from this breastwork.

Question. How happened it that Major Hewitt, being a major, could give orders to Colonel Sherrill, who was a colonel?

Answer. I do not know anything about that.

Question. I understand you to say that Major Hewitt was in command until after you colonel was wounded?

Answer. Yes, sir; Major Hewitt led us up the hill when we were led up.

Question. Did he go as a guide, or did he go as in command?

Answer. I understood that he went in command.

Question. Were any of the other regiments there?

Answer. Some of the Thirty-second. I do not know as our order was to report to Major Hewitt. I do not know but what it was to report to Colonel Ford, and Major Hewitt led us up the hill.

Question. After the wounding of your colonel, Major Hewitt took command of the whole?

Answer. He was in command all the while. He staid up there with us most of the time. I supposed he was in command up there.

Question. Do you know of any command given by Major Hewitt to fall back from the breastwork after your colonel was wounded? You said the soldiers and everybody around there said there was an order to retreat.

Answer. I cannot tell who that order came from. When we fell back at the first engagement some one gave the order to fall back to the breastwork, and it was reported to me. I did not see it myself. That somebody came up there on a horse and said there was an ordered to fall back.

Question. Did you, or did you not, at the time believe that alleged order arose from the men, or did you think it was an order in reality, given by some person in authority? Did you think at the time that it was an order in reality, or did you think it was merely by the clamor of the men as a pretext for running away?

Answer. I did not think there was any genuine order at all, up to the time we were ordered down the hill at the last. I could not myself believe it, because, if there had been such an order, it should have been in writing, or brought up by an aide-de-camp, or something of that sort. It looked to me as though the hill never ought to be given up.

Question. If you know of any officers in your regiment who did behave well on that occasion, you should give their names. You have mentioned Captain Phillips and Captain Scott. Do you know of any others?

Answer. Not that I saw myself. Captain Herendeen's Company was thrown down to the left. The captains of all of them behaved every well, and the officers of the line behaved very well in the fight, all that I saw. At least, I cannot recollect of any particular one who behaved disgracefully I could not see them all.

Question. But all the captains who did not run away, you say, got together and held a council of war and concluded they would not fight?

Answer. That was after the second engagement. When we were ordered up the third time, some one fetched an order to get the men together. I went clear down to the colonel's quarters and picked up the stragglers-did the best I could. Major Baird came around there, and finally we were ordered to take the men up again, and took up some.

Question. Was not there an order on that occasion given to arrest Major Baird?

Answer. Not that I know of. I have heard such reports, that is all.