Question. Where is he?

Answer. He is with the First Maryland Regiment, I suppose. He belongs to Captain Cook's company.

Question. Do you recollect this paper [handing witness note to Colonel Miles from Colonel Thomas H. Ford, dated September 13, 1862]?

Answer. No, sir; I do not recollect of ever seeing it before. I think it was written early in the forenoon of Saturday, before Colonel Miles went on the heights. There was some such note came, but I did not see it. Colonel Miles said there was some trouble up there with some of the regiments, and we got our horses and went over there, and met some 180 men, which he left me to drive back. That was after some such note as this was received. I do not know as this was the one.

Question. State whether you ever noticed Colonel Miles in a state of intoxication at any time during the siege of Harper's Ferry; and, if so, at what time.

Answer. No, sir. Since I have been with him, in February last, I have never known him to use intoxicating drink in any shape, kind, or form. I have visited with him the different camps of the different regiments, and we have always been invited to dismount and go in. When we have done so, Colonel Miles has always refused to drink. Even at a private party on the 4th of July he refused to drink champagne with the ladies there.

Question. You never suspected that he drank privately?

Answer. No, sir; I never saw him under the influence of liquor, and never saw any liquors about his quarters, and I knew all his rooms. I know that General Rosecrans came there at one time and asked for something to drink, and Colonel Miles said he kept none about him.

Question. Did you ever see his nerves affected by want of liquor?

Answer. No, sir; I never saw him except when he was calm and cool, under all circumstances, and seemed to be equal to all emergencies that might arise, except on Monday morning, the morning of the surrender. I think that then, surrounded as he was, and attacked on all sides, he seemed to be a little flustered, and hardly to know how to act. At all other times he seemed to be perfectly cool and calm. That was the only time I ever saw him when he seemed to be excited. As far as liquor is concerned, I am willing to make oath that he never used it while he was at Harper's Ferry. I have often heard him make the remark to some of the colonels, when asked to take something to drink, that he begged to be excused; that he had had enough said about his drinking at Bull Run, and since that time he had never allowed liquor to pass his lips. I know he has had presents of liquors, wines, & c., but they were put in his closets and cupboards, and were there after his death. I never saw empty bottles, even, about his quarters, unless it was in the rooms of some of his staff.

Major HENRY B. MCILVAINE, recalled by General White, and examined as follows:

By General WHITE:

Question. You stated in your evidence yesterday that you thought that at the time of the surrender of Harper's Ferry, it might have been held during the day. That answer might perhaps be differently interpreted. What I desire to know is whether by the word "might" you meant a possibility or a probability. What meaning did you intend to convey by that expression?

Answer. Well, sir, I meant this, that it could only have been held that day by desperately disputing the ground by an almost hand-to-hand conflict, disputing the ground inch by inch, and hardly that. My mind has always been made up that the place was untenable.

Question. Do you think such a contest as would have been necessary to hold the place that day, if it could have been held at all, would have been made with troops of the character we had - new troops?

Answer. No, sir; I had no confidence in the troops myself, being mostly raw troops. It was hardly possible to hope for a gallant resistance of that kind from them.