Sunday evening. I asked Colonel Ford about some axes. He asked where could he get them. I told him he could make a requisition on the quartermaster at Harper's Ferry and get axes, which he immediately ordered his quartermaster to do.

Question. What was the result of that effort?

Answer. He went over and came back, and said he could not get them that day. Colonel Ford ordered him, in my presence, to go the next day. He went over and said there were no axes there to be had.

Question. Did I direct you to erect that fortification up there?

Answer. Yes, sir. I had a letter in my trunk from you, but it was taken from me. It said if axes could possibly be got they would be there the next morning.

Question. did we fail to extend that fortification because we could not get axes?

Answer. Yes, sir.

Question. Did I direct the timber to be cut down?

Answer. Yes, sir.

Question. Did we fail to do that simply because we could not get axes?

Answer. Yes, sir.

Question. Describe to the court, as briefly as possible, the troops running, and the efforts made by you and others to stop them.

Answer. The time I came down from the heights I was taken with cramp colic very seriously, and had to remain at my quarters. The next day I crawled out, determined to do all I could. I discovered the One hundred and twenty-sixth Regiment New York Volunteers, very visible, in the woods coming down. I heard Colonel Ford order them back and order a guard to be stationed there to send them back. I saw them sent back, and saw them crawl in the woods. I afterward notified a sergeant-major who was there that they were all lying in the woods; that the woods were all full of them; that they did not go up. He went up and tried to get them out, but could not get them.

Question. Did you yourself make any effort?

Answer. I did.

Question. Go on and state what you did.

Answer. I tried all I could to get the men back. I told them they must go back; that as we had but few men there, what men we had there must go back. They would not pay any attention to any one. Nobody had any command over them. they were worthless; not worth anything.

By the COURT:

Question. What were their own officers doing?

Answer. I did not see many of their own officers; I do not know as I saw any of them. I cannot say I saw any of their own officers there. I saw an officer, a first lieutenant, I think, taking some 50 or 60 of them up, trying to get them up, about an hour before we left the heights. He collected them away down by the canal.

By Colonel FORD:

Question. Do you remember seeing the forces away down the walley that day - clear down the valley?

Answer. What forces?

Question. The One hundred and twenty-sixth and other troops running away?

Answer. Yes, sir.