Question. Did that regiment arrive on the field with Colonel Miles, or about the time?

Answer. I do not know. I had just returned from the execution of an order, when Colonel Miles saw me and sent me with this regiment.

Question. You do not know when this regiment arrived?

Answer. No, sir; I can only tell about the time I placed them in position. I think it was between 9 and 10 o'clock.

Question. Do you know of any re-enforcements having arrived at the heights that morning?

Answer. The One hundred and fifteenth Regiment, Colonel Sammon's, came up, and Colonel Downey's.

Question. They came up on the heights that morning?

Answer. Yes, sir; they came up that morning.

Question. Do you know about what time?

Answer. Colonel Downey's came previous to the One hundred and fifteenth New York. I think Colonel Downey got up there about 8, or between 8 and 9 o'clock.

Question. The One hundred and fifteenth arrived after that?

Answer. After that; yes, sir; or if they got there previously I did not see them before that time. There was a company with two howitzers came up that morning. I do not remember what company it was. They came before Colonel Downey's got up. I do not remember what regiment it was attached to.

Question. You say you understood Colonel Miles to give an order to abandon the heights?

Answer. I repeated the language he used in reference to that battery.

Question. I understood you to say that the impression upon you was that it was an order to abandon the heights.

Answer. I so understood it; yes, sir; that was my conclusion from his language to Colonel Ford.

Question. That was what you understood?

Answer. I so understood it.

Question. Did it not occur to you to be singular that he should give an order to abandon a post that he had just re-enforced with two regiments and a section of artillery?

Answer. I cannot say that it did, because things developed themselves, I presumed, as the action went on or as the engagement progressed. I presumed that Colonel Miles' apprehension of things developed themselves.

Question. After he came up on the heights?

Answer. I presume so; yes, sir.

By Colonel FORD:

Question. Did you see Colonel Miles and myself together as we were retreating from Maryland Heights?

Answer. After we got to the Ferry I rode up to Colonel Miles to report, or rather to ask him the question whether I should report to Colonel Maulsby or not. When I rode up to him, Colonel Miles and Colonel Ford were engaged in conversation, pleasantly apparently, and very friendly. When I asked the question of Colonel Miles whether I should report to Colonel Maulsby, he first answered me, "Yes, sir." I then rode to my detachment, which was in from t of Colonel Miles' headquarters, and one of his aides came after me. Says he, "Colonel Miles desires to see you, major." I reported at once to him, and he then placed me in position at the railroad bridge, the iron bridge, which position I held with my detachment until the surrender.

45 R R-VOL XIX, PT I