Question. You were then receiving a cross-fire?

By the COURT:

Question. Did you notice the conduct of the major of the One hundred and twenty-sixth Regiment at all?

Answer. I saw him there; I did not know who he was at the time; I have since learned he was the major of the One hundred and twenty-sixth. I saw him doing all he could, I thought, to rally his regiment, and also the colonel of the One hundred and twenty-sixth. He acted vary bravely, I thought; recklessly, as I thought.

Question. The major, then, was rallying the regiment at the time the colonel was doing so; that was previous to the colonel being wounded?

Answer. Yes, sir; they were both of them rallying their men.

Question. Did you see the major trying to rally that regiment after the colonel was wounded?

Answer. I did not notice him after the colonel was wounded. I saw the colonel when he was wounded; I was right close by him.

Question. You did not see the major after that?

Answer. No, sir; I did not see him, afterward, at all.

Captain HENRY CURTIS JR., recalled by Colonel Ford, and examined as follows:

By Colonel FORD:

Question. Did you hear Colonel Miles say anything about spiking the guns and throwing them down the heights? If so, when was it, and what did he say?

Answer. I did hear him make some remark in regard to it; I think it was Friday evening or Saturday morning after I arrived there. The remark was that he ordered you,k in case of the evacuation of the heights, to spike the guns and dismount the large guns and throw them down the heights; down the crags.

By General WHITE:

Question. I would like you to state where I was at the time of the evacuation of Maryland Heights, and whether I was cognizant of the evacuation until after it had transpired.

Answer. At the time of the evacuation you were on the extreme left of the position on Bolivar Heights, placing some regiments there. You sent me out, perhaps half a mile in front, to choose a position for a battery, and when I returned I heard rumors that the heights had been evacuated some two hours previously, and that upon receiving the news you had immediately ridden down to the town. You were not there, but I found you in town.

General JULIUS WHITE, called by Colonel Ford, and sworn and examined as follows:

By Colonel FORD:

Question. I just want you to state your inference from a conversation you had with Colonel Miles about the evacuation of Maryland Heights.

Answer. Perhaps I had better state the conversation.

Question. Yes, sir; state the conversation.

Answer. As soon as I learned that the heights had been evacuated, I rode down and met Colonel Miles on the hill, not far from the fortification known as Camp Hill. I inquired of him if he had given the order for the evacuation of Maryland Heights. He said "No." I expressed surprise, and told him it was hardly possible that Colonel Ford should have evacuated maryland heights without an order; that I was astonished