at it. He repeated that he had given no order. Said I, "Have you had any conversation with him in relation to it; was there any discretionary power?" He said that all he had said to Colonel ford in relation to the matter was, that if the found it was necessary to evacuate the heights he must be sure and spike the guns and pitch the heavy guns down the mountain. I remarked to him that that would seem to me to imply some discretionary power on the part of Colonel Ford, or at least to contemplate the contingency when the place would have to be evacuated. He said, "Of course." That was the substance of the conversation; the exact words I am not able to repeat.

Question. Was I places under arrest at any time, by order of Colonel Miles, to your knowledge?

Answer. Not to my knowledge.

Question. Would you not have had knowledge of it if I had been?

Answer. You might have been arrested without my knowledge. I was for the most part on duty on the left, where I was assigned.

Question. Did you ever hear that I had been places under arrest by Colonel Miles?

Answer. No, sir.

By Dr. MILES:

Question. During the time from your arrival at Harper's Ferry had you frequent conversations with Colonel Miles?

Answer. Several times; not very frequent.

Question. During the time you were there did you ever hear him utter any treasonable language or see any writing of his to that effect?

Answer. No, sir; I heard nothing of the kind, and saw nothing that led me to suppose that he was disloyal.

Question. From your knowledge as a military man, did you see anything in his conduct during the siege of Harper's Ferry in any way cowardly?

Answer. No, sir.

By the COURT:

Question. Had you any means of judging or making any estimate of Colonel Miles' capacity as a commander before you went to Harper's Ferry?

Answer. No, sir; I never had any acquaintance with him. I met him once, only, prior to that. Yes, sir, I met him twice, but I had no conversation with him; no means whatever of judging of his capacity. My stay in Harper's Ferry, from the time I reached there from Winchester, was very brief. I was ordered away again the next day.

By the JUDGE-ADVOCATE:

Question. Did you know anything of those paroled prisoners having been sent through our lines while the siege was pending?

Answer. I did not hear of it until I reached here.

Question. You did not know of it at the time?

Answer. No, sir.

Question. Nor anything about the paroled rebel officer Rouse?

Answer. That transpired some days before I reached Harper's Ferry, as I am informed - some days before the siege commenced. I did not know of it at the time.

By the COURT:

Question. Had you any conversation with Colonel Miles in reference