Question. Were there a great many straggling troops on the hill side at that time?

Answer. Of our regiment, there was.

Question. Were there of others?

Answer. Yes, sir; many others.

Question. A great many men in the valley and on the mountain slope?

Answer. Yes, sir.

Question. Do you remember reporting to Colonel Miles the condition of things?

Answer. Yes, sir.

Question. Can you state what you said?

Answer. I do not know as I could exactly.

Question. Did you say it was impossible to rally those troops?

Answer. Our regiment, I told him, it was almost impossible to rally. I think those were the very words I used.

Question. Did you not say you had been exerting yourself to the utmost to get them together, and that you could not do it?

Answer. Yes, sir; and I had.

Question. Do you remember a conversation about Major Baird?

Answer. There might have been a remark made about him.

Question. Do you remember saying he could not be found anywhere?

Answer. I recollect the question was asked where he was, and I said I did not know.

Question. Did you not say in addition that he could not be found?

Answer. I do not know about that.

Question. Did you not say the officers of your regiment were all gone off somewhere, and that you were left alone to rally the regiment?

Answer. I was alone as far as the field officers were concerned. I was the acting adjutant of the regiment, and those officers were not there. Colonel Sherrill had been wounded and carried down by the regiment, and Major Baird could not be found. I never saw a braver man than Colonel Sherrill in my life. It was rather rash than anything else in taking the position he did on the hill. I think he might have used more precaution, and that it would have been better.

Question. Were you present when Colonel Sherrill and I had a conversation, when he went on the hill?

Answer. No, sir; I do not think I was present. The colonel went to you for orders, I think.

Question. Did you see us together in that conversation?

Answer. I could not say I did. I was at the head of the regiment with Major Baird.

Question. How many of your regiment went forward after the second engagement?

Answer. How many went up the hill?

Question. Yes, sir.

Answer. There were some 300. All the balance of the regiment was scattered.

Question. That was the time you were trying to rally them?

Answer. Yes, sir.