WASHINGTON, D. C., October 14, 1862.

The Commission met pursuant to adjournment.

* * * * * * *

Captain EUGENE MCGRATH, called by Colonel Ford, and sworn and examined as follows:

By Colonel FORD:

Question. What position do you hold in the military service?

Answer. Captain of Company B, Fifth Artillery, New York Volunteers.

Question. Where were you stationed?

Answer. On Maryland Heights.

Question. How long had you been stationed on Maryland Heights?

Answer. Since the last of May-the 29th of May, I think; perhaps the 1st of June.

Question. Under whose command were you on the heights?

Answer. Colonel Miles, until you came.

Question. At what time did I arrive on Maryland Heights, and assume command?

Answer. I really cannot tell what time it was. It was about five or six or eight days previous to the trouble there.

Question. I want you to describe the location of your battery on the heights. [Showing witness a map.]

Answer. I am under the impression it was about here [indicating on the map].

Question. Was it on the heights or on the slope of the mountain?

Answer. On the slope of the mountain, I should judge, about half way up, hardly half way.

Question. From the time I arrived on the mountain and assumed command, what activity and energy did I show, if any, in preparing for defense there?

Answer. I do not know, unless it was to throw your pickets out, and all that kind of thing.

Question. Was I anxious and determined there?

Answer. Yes, sir; that was my impression all through.

Question. What was the condition of the roads where the troops were located at different points? What was the condition of the mountain paths, by which we reached this road?

Answer. What do you mean; on the top of the mountain?

Question. Going up to the top of the mountain, and on the right and left, and to the points where Colonel Sammon was, and Captain Palmer was.

Answer. A road was cut through there; I had to blockade it, I know, before I sent your men through.

Question. I want you now, under a general question, to go on and describe the condition of those troops running from the mountain top down to your battery, &c.

Answer. I looked on it as a general stampede myself; I supposed it was general; men coming into my breastworks, and all around me, in my camp and all through it, running on all sides. I did not know what to make of it.

Question. Did they run on your left, too, as well as into the breast works, over past the old cabin there, over toward Unsell's?