Question. In rear of his men?

Answer. Yes, sir.

By the JUDGE-ADVOCATE:

Question. The second flight of which you speak commenced when the tread of the enemy was heard?

Answer. Yes, sir.

Question. Before there was any volley discharged upon you?

Answer. There had been some miscellaneous firing; some skirmishing; that is all.

Question. But at the moment this flight took place there was no firing?

Answer. No, sir; the skirmishing was growing a little rapid. There was no volley from a regiment or from a company even.

Question. You did not see Major Baird making any efforts, or did you, to rally his men?

Answer. No, sir; he might have done it. I did not see him.

Question. What is your judgment as to the necessity of evacuating Maryland Heights at the time it was done?

Answer. Well, we might have held it a little longer, but it was very evident that we were being flanked. We had merely a handful of men at the breastwork. A good part of the One hundred and twenty-sixth had already gone away from the breastwork. The Thirty-second Ohio Regiment was small. I do not think there were more than 300 of them. I do not think we had more than 450 or 500 men there behind the breastworks; I do not think we had that many. they had already turned our left. the men were holding their ground well then; they were not going at all. The enemy had tried to come up in front three times, and we and driven them back. Then, while they were turning our left, our men standing their ground well, there was a cavalier riding down from the lookout upon his horse, waving his hat and motioning us back. I went to him and asked him what he wanted. He said the order was for us to fall back. I communicated the order, and the men fell back. The order was to fall back to the heights, farther back on the hill. As soon as the men had fallen back beyond the range of the enemy's fire, I went right down to Colonel Ford, and told him that I understood he had given an order must have come from Major Hewitt. He asked if the men could not be rallied and taken back on the heights again. I told him I thought they could. He asked who would do it. Some other officer was there, and I think he rallied the Thirty-second Ohio, and Colonel Ford asked me if I could not take charge of the rest there, and try to rally them and get them back on the hill. I told him I thought I could. We understood it. The Thirty-second was rallied and marched back, I think, as far as the block-house, and a part of the One hundred and twenty-sixth and a part of one of the Maryland Home Brigade regiments was moving up the hill, when some officer told me there were orders to evacuate Maryland Heights, and that we need not go on any farther. I stepped up to the adjutant who was close by, and asked him if that was the order. he said it was; that he had the order in his pocket. I have no doubt we might have held it awhile longer, but without re-enforcements it would have been impossible for us to have held it long.

By the COURT:

Question. When the troops fell back this time, in obedience to this order, did the enemy follow?

Answer. The followed us to the breastwork.

Question. Did the troops go back and retake the breastworks when they went back on the hill?

Answer. No, sir. After our troops had fallen back from the breastwork, the enemy formed a line upon the left. They did not seem to try to occupy the breastwork, but