Answer. There was no one up with me.

Question. I mean below.

Answer. I was certain there was no one else. I could see right down into the room.

Question. Could you see all over the room?

Answer. Yes, sir; I could look them right in the face, but they did not see me; they were so busily engaged. When I left they were both standing on their feet to gether. When I got down stairs Colonel Miles was at the door.

The Commission then adjourned to 11 a. m. to-morrow.

WASHINGTON, D. C., October 16, 1862.

The Commission met pursuant to adjournment.

* * * * * * * *

Major CHARLES H. RUSSELL, called by the Government, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. What is your position in the military service?

Answer. I was captain at Harper's Ferry; I am now major.

Question. In what regiment?

Answer. First Maryland Cavalry.

Question. It has been stated here that you and Captain Cole left before the surrender of Harper's Ferry with the view of opening some communication with General McClellan. did you or not do so?

Answer. On Saturday evening, after Maryland Heights had been evacuated, Colonel Miles sent for me. He first asked me if I thought I could lead out what cavalry force there was there, from Harper's Ferry. I told him I was willing to try. He afterward asked me if I could not go with two or three men, and pass the enemy's lines, and try to reach somebody that had ever heard of the United States Army, or any general of the United States Army, or anybody that knew anything about the United States Army, and report the condition of Harper's Ferry. I told Colonel Miles that I was willing to make their trial, and he told me that if I could get to any general of the United States Army, or to any telegraph station, or, if possible, get to General McClellan, whom he supposed was at Frederick - he thought he must be at Frederick - to report, that he thought he could hold out forty-eight hours; that he had subsistence for forty-eight hours, but if he was not relieved in that time he would have to surrender the place.

Question. That was Saturday night?

Answer. Yes, sir.

Question. Go on and tell us what occurred then.

Answer. I went from Colonel Miles' quarters down to my own quarters and selected 9 men. I went through our line of pickets on the Virginia side. I kept upon that side of the river, passed the enemy's line of pickets, and moved down the Potomac near the mouth of the Antietam. I met the enemy's pickets there again. We put spurs to our horses and dashed by that picket, and passed on though by by-roads until we came to South Mountain. There we met a picket of 71 infantry of the enemy. We got around them by taking a road through the woods, and then we went directly over the center of South Mountain until I reached Middletown. I reported there to General ReNumbers He gave me a fresh horse, and directed me to report to General McClellan, who was in camp then near Frederick City.

By the COURT:

Question. What time was it that you reported to General McClellan?

Answer. I should think it was 9 o'clock in the morning.