Question. Did they retreat in any disorder after the artillery opened?

Answer. Yes, sir; they fell back; I could not see well for a little covering of bushes there, small trees, which was between me and them when they retreated. They fell back precipitately.

Question. Were you present with me the next morning during the cannonade on the left by the enemy?

Answer. Yes, sir.

Question. Can you state how many batteries they had in position and working that morning?

Answer. My recollection of it is that there were nine.

Question. Was their fire mostly converged on our left?

Answer. It was all concentrated, so far as I observed, upon Rigby's and Potts' batteries, which were near the intersection of the turnpike with the ridge of Bolivar Heights, where they took position.

Question. What was the character of the artillery fire there compared with what you had been heretofore? I mean as to its severity.

Answer. It was a very severe fire, I should judge.

Question. And its correctness of range?

Answer. I regarded it as very handsomely done, and also very severe, the severest fire of that description I was ever under.

Question. What was the conduct of our batteries during that engagement, as long as they had ammunition?

Answer. Excellent; it could not have been better.

Question. Were you present when I met Colonel Miles, up between the left and the extreme right-say somewhere near the center of the line?

Answer. Yes, sir; I recollect meeting him up there with you.

Question. Did you hear him speak to me in regard to the surrender?

Answer. Yes, sir.

Question. Do you recollect what he said to me?

Answer. I think I do.

Question. State what it was, if you can.

Answer. He remarked, in the first instance, that it would perhaps be necessary to surrender, and you suggested to him that it would be better to call together the commanders of brigades, and see what they thought on the subject.

Question. If you know anything further in relation to that interview, state what it was.

Answer. The commanders of brigades were sent for, according to your suggestion, and appeared, at least some of them; I recollect distinctly Colonel D'Utassy and Colonel Trimble being there; I do not recollect, personally, the others. There were others there, however; I was not personally acquainted with them.

Question. Do you know the decision of the council?

Answer. Yes, sir.

Question. State it, if you please.

Answer. It was, that there was no beneficial result to be gained by fighting longer; that it was merely sacrificing the men; the position could be held but a very short time, perhaps but an hour or two longer, and that at a great sacrifice.

Question. Was that decision unanimous, as far as those I heard; I do not know that I heard all, but I think I did.