By the JUDGE-ADVOCATE:

Question. Were you on Maryland Heights while the enemy were advancing upon them?

Answer. Yes, sir.

Question. In what capacity?

Answer. I had command of two companies of cavalry there.

Question. Were you present when the One hundred and twenty-sixth New York Volunteers gave way?

Answer. Yes, sir.

Question. Will you state their conduct?

Answer. The night before the fight on Maryland Heights I was in Colonel Ford's quarters. He said to me, "We captain, these fellows are pressing closer upon us driving in our pickets." Says he, "To-morrow one of two things has got to be done; we have either got to drive them from that hill or they are going to drive us from it." And then he added, "Colonel miles has sent over here, offering to re-enforce me with some raw troops; but I have made no answer at all to Colonel Miles, because I don't want any raw troops. I would rather do that fighting I have go to do here with the little handful of men which I have confidence in, for I believe they would do me the little handful of men which I have confidence in, for I believe they would do me more harm than good." I told the colonel that the cavalry was of no sort of use there, and, if he wished, I would dismount my men and take them up. He said he wished I would do so, and bring them up there about daylight. About daylight I had my command on foot and took them and reported to Colonel Ford. He ordered me to go and report to the major of the Thirty-second Ohio, who was in command on the hill. I went up there, and the major said he would like to have me act independently, and throw my men out as sharpshooters, and shift my command about to any point of the battle where they were most needed. I told him that was just what I would like. I then took my command immediately and marched to the front, where the skirmishers were deployed. I had not thrown my men out. They had just reached there, and were standing in line, when the sergeant who was at the head of my column was shot in the thigh. He fell, and the skirmishers of the One hundred and twenty-sixth New York had retreated, and begged the officers to bring their men forward again. The officers succeeded in bringing their men forward. They were thrown out again as skirmishers. We skirmished there a while, until the enemy had formed its line of battle, and we heard the commander of the enemy's forces give the command to "forward." We could hear them tramp through the alders and undergrowth. Then the One hundred and twenty-sixth new York broke again and fled through the line of battle that had been formed. That line was composed in part, I think, of the One hundred and twenty-sixth, with part of the Thirty-second Ohio Regiment that was up there, and, I believe, two companies of Garibaldi Guards. They ran right through them, and some of them passed entirely back over the breastworks. Some were rallied again behind that line of battle, and fought there awhile. The enemy came up, and were in line. They came pretty close to us, but on e of my lieutenants was shot, and then the One hundred and twenty-sixth broke again and fell behind the breastworks, and a goodly number of them fled out of sight. I do not know where they stopped.

By the COURT:

Question. Did their officers go with them?

Answer. I do not know, sir. I did not see many of their officers. After the skirmishers broke, I saw but very few of the officers. I saw the colonel; he was there cheering on his men until he himself was hot in the mouth.

Question. did you see Major Baird?

Answer. Yes, sir; I saw him when we were behind the breastwork. I did not notice him until we were there. Whether he was in front or not, I do not know.

Question. When you did see him, what was he doing?

Answer. He was standing a good piece back from the breastwork. I do not know that he was doing anything.