By Dr. MILES:

Question. During the time you served under Colonel Miles, were you well acquainted with him?

Answer. Yes, sir.

Question. During the whole time that you served under him, did you ever see in writing or hear in any conversation of his any words that were treasonable to his Government?

Answer. My God! no, sir; entirely to the contrary.

Question. When this order was read to you by Colonel Ford, was the signature read or did you see any signature to it at all?

Answer. I did not see it at all.

Question. Was the signature read out?

Answer. I could not give the slightest opinion about it.

Question. Did you see the handwriting?

Answer. I might have seen the writing, but not a line. I know nothing except that there was excitement all the time, and I was so outrageously grieved to see the people running in on me that it aggravated the thing ten thousand times more. The men had not time hardly to get up the mountain-not more than a half or even a quarter of an hour up there. At the time, Colonel Ford read to me simply the words to evacuate and destroy the guns. The balance of it I have not the remotest recollection of; I do not think I saw a line of it.

Question. Did you see Colonel Miles after he was wounded?

Answer. Yes, sir.

Question. Did he use any treasonable language then, either when in his senses or out?

Answer. No, sir; I went in the room, I should judge, about 4 o'clock. I rode down. The streets were then all full of the enemy's soldiers. I rode down amongst them, and after considerable exertion I got into the office, and finally into his room. The surgeon was there, and some others. He was lying, his back toward the door, on his side, and his leg was bandaged up. He heard my voice; somebody spoke to me as I came into the room. He turned over, reached out his hand and took mine and pressed it; said he, "Captain, I have done my duty to my country, and I am ready to die; God bless you." Those were the last words I heard the colonel say. Every person in the room, seven or eight of them, I should think, heard the words as I did.

By the COURT:

Question. You say these infantry men were constantly running back into your works?

Answer. Yes, sir.

Question. What was done with them?

Answer. Colonel Ford detailed a lot of Garibaldians to drive them up on top of the mountain, but my opinion is that they ran into the brush.

Question. Was any effort made to gather these men together and lead them into the fight by Colonel Ford?

Answer. That was down in the valley where Colonel Ford's camp was. I saw Colonel Ford and the major of the Garibaldi Regiment and some men. I do not know how many the detachment consisted of; I should think some 25 or 30. They came up the side of the hill within 5 or 10 feet of my breastwork, and soon after that or just before-I do not know which-Colonel Miles drove up some 180 or 190 of them-drove them right up from the canal. I do not know what disposition he made of them after day got out of sight of my camp.