Question. Yes, sir.

Answer. I do not remember. But that was the understanding we all had there. When you authorized me to carry the orders I carried them, and that was the understanding on the heights, that we had orders from Colonel Miles; we understood it so.

By Dr. MILES:

Question. From what did you form your idea that this battery was to go to Solomon's Gap - the battery you speak of as being intended to go to Solomon's Gap, that you did not receive?

Answer. It was the place of defense that Colonel Miles had spoken about before we went over there.

Question. Who ordered it to go there?

Answer. It was not ordered any place; that was the intention to have it go there. It was ordered up the heights and stopped.

Question. Was the battery under Colonel Ford's command?

Answer. Yes, sir; it belonged to our regiment.

Question. Was it not attached to Colonel Trimble's brigade?

Answer. No, sir; they brigade a lot of troops over there; I do not know how it was fixed; I believe it was in Colonel Trimble's brigade. But it was still in our regiment, and never had been transferred.

Captain JOHN T. WHITTIER, 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. Captain Company F, First Regiment Potomac Home Brigade, Maryland Volunteers.

Question. How long were you stationed on Maryland Heights?

Answer. I could not tell exactly. Somewhere between three and four months; I do not know the exact date.

Question. I want you to state to the court, as briefly as possible, the efforts made by me to get defenses up there on the heights.

Answer. I suppose you want to know from beginning to end?

Question. Make it as short as possible. Did I make exertions when I arrived there, as much as I possibly could?

Answer. Yes, sir; I think I was brigade officer of the day the third day you arrived there. That day Colonel Ford gave me especial orders to go into Solomon's Gap and examine every picket post he had there, and if I saw any position where another post was needed to post it there. I went out. Around the picket posts was between 11 and 15 miles, the nighest way we could come to it. I went into Solomon's Gap in the morning. I discovered that it was necessary to have another picket post there. Colonel Ford said to me that he did not want any men that could run away; cavalry could run away; infantry could not run away. I then stationed, I think, 22 infantry.

Question. This may be all well enough, but it only lumbers up the record. Did I make efforts to obtain axes?

Answer. Yes, sir.

Question. State what you know about that.

Answer. I happened to be in Colonel Ford's headquarters; I think it was on