as possible; but if they were completed to fall back, if they were overpowered, to fall back in good order. That was by way of instruction; that was the instruction I have him.

Question. Was that the only order you gave?

Answer. That was all the order I gave.

Question. When Colonel Downey asked you subsequently, in presence of other officers, if you had given such an order and you said you had, what order did you refer to?

Answer. I referred to those instructions I sent forward in obedience to the orders from Colonel Miles.

Question. How came it that you were in command on the heights? You were not the ranking officer. Who places you in command on the heights?

Answer. I was sent up simply with my own regiment to sustain the picket that was places there. I never was places in command of any other force, to my knowledge.

Question. Was any one officer in command up there?

Answer. No, sir; not that I know of; these instructions that I sent forward were more particularly to my own regiment that I left I was in command of.

Question. And you gave your regiment no order to fall back that morning?

Answer. No, sir.

Question. You say you sent this order to your regiment - if they were forced back, to fall back in good order. Where was the regiment then?

Answer. They were up to the breastworks.

Question. Where were you?

Answer. A short distance back, endeavoring to rally these men, and get them back to their places.

Question. To whom did you send this order?

Answer. I sent it to the officers in command of the different companies. There was Captain Hibbets, of our regiment, there, and captain Brown, of the Third [First] Maryland; the was there with two companies. I did not send the order to any particular officer; I sent this lieutenant forward with instructions for them to hold out as long as possible, and then, if they were overpowered, to fall back in good order.

Question. Did you receive that order direct from Colonel Miles?

Answer. It was read to me the day previous, at the time I went up on the mountain.

Question. By whom?

Answer. I could not say who it was brought to me by; but is was some on of Colonel Miles' aides, I judge.

Question. And you do not know who it was brought that order?

Answer. No, sir.

Question. Was it in writing?

Answer. It was in writing.

Question. Did you know the handwriting?

Answer. No, sir.

Question. You do not know whether it was an order or not?

Answer. It was a general order, and seemed to be directed to me. It was read in presence of some other officers.