Question. How many?

Answer. I should think there were at least 400 troops there.

Question. Did you make an effort to get them to return?

Answer. I told the officers they should take them back. That was the first lieutenant I spoke of. He tried to take back some 50 of the men.

Question. Did this continue until we left the heights?

Answer. It did. Before we left the heights there were some 300 or 400 men marched across the pontoon bridge from Harper's Ferry. They had been over there and gathered them up. I was down there and saw that.

Question. From all that you know of the position of our forces there, the running away of the troops, and the position of things about Maryland Heights, in your opinion, was there a military necessity to leave?

Answer. Yes, sir. I heard a conversation which took place between you and Colonel Miles.

Question. Go on and state it.

Answer. Colonel Miles was swearing around there. I do not recollect the words he used. He used a great many profane oaths about those men; that they were not worth anything; that they could not be stopped. You wished him to give you one good regiment. Says he, "You can't have another damned man." Those were the very words he use. "If you can't hold it, leave it." Those were the very words that Colonel miles spoke to you in my presence, right in your door-way.

Question. Were Colonel Miles and myself together trying to rally these troops during the day?

Answer. Yes, sir.

By the COURT:

Question. Was that after or before he made this remark to Colonel Ford, that he could not have another man?

Answer. both after and before.

Question. That he was trying to rally these men?

Answer. Yes, sir.

By the JUDGE-ADVOCATE:

Question. Did you know any of the officers of the One hundred and twenty-sixth Regiment?

Answer. I did not.

Question. You saw none of them making any efforts to rally their men?

Answer. I only saw this first lieutenant I speak of.

Question. How long after this interview between Colonel Miles and Colonel Ford did the evacuation begin?

Answer. I certainly could not tell that. I should think, as nigh as I can recollect, it was about noon-time, or in the neighborhood of 1 or 2 o'clock, that this interview took place. I would not say certain; I think it was.

By Dr. MILES:

Question. Were you not informed at the time the requisition was made for axes that they were employed by the chief engineer on Bolivar Heights?

Answer. I was not.

Question. No such word sent?

Answer. I do not know anything about the order. I did not receive any order.