Question. We were still in conversation there and talking when you came back?

Answer. I think so.

By Dr. MILES:

Question. What connection did that conversation you overhead in relation to the evacuation of the Maryland Heights have to the previous conversation; or did you hear the conversation?

Answer. Do you refer to the remark about spiking the guns?

Question. Yes, sir; and the abandonment of Maryland Heights.

Answer. I did not hear the entire conversation. I remarked that I got in just previous to the remark when Colonel Ford was complaining about the breaking of the troops on the mountain, not being able to hold them in position. Then I heard Colonel Miles give the response I repeated.

Question. Did you see any written order for the evacuation of Maryland Heights?

Answer. No, sir; I did not.

The Commission then adjourned to 11 a. m. to-morrow.

* * * * * * * *

Lieutenant JOHN B. PEARCE, called by Colonel Ford, and sworn and examined as follows:

By Colonel FORD:

Question. What is your position in the military service of the United States?

Answer. Lieutenant and adjutant of the Thirty-second Ohio Regiment.

Question. Were you on Maryland Heights with the regiment?

Answer. Yes, sir.

Question. What time did you go there?

Answer. I think I first went there on the 5th of September. I believe it was the 5th. I am not certain, however.

Question. Please state to the court what you know about efforts being made to fortify and secure artillery for the heights, &c.

Answer. When I first went there we had a battery of artillery that came part of the way with us to where we commenced making the ascent of the heights. The battery was there ordered back by Colonel Miles, and never came with us. That battery was intended to fortify Solomon's Gap, the key of the position, we thought. The next day you made another effort to get a battery, but still we got none. You made several other efforts. I moved down, at the solicitation of Colonel Ford, on several occasions - ten or twelve times. But we got no battery and were promised none. We were promised one on the heights proper, but not back at Solomon's Gap.

Question. What do you know,k if anything, about efforts being made to procure axes, &c., to fell the timber?

Answer. We made efforts three or four days before the fight commenced to obtain axes, but we obtained no axes. We had but ten axes on the mountain. I counted them myself. I got them and gave them into the hands of the men.

Question. State what you know about our efforts to obstruct Solomon's Gap and the passes in the mountain there.

Answer. We made efforts by sending out as many men as could handle the axes. I