Question. Do you think the line we had would have withstood the first assault of the enemy, even for ten minutes?

Answer. I must confess I do not. I do not like to speak so disparagingly of our gallant troops.

By the COURT:

Question. What reason have you for believing that the troops would not stand?

Answer. From the fact that three of the regiments had only had their arms for a very few days previous to the attack on Harper's Ferry, and from my own observation in seeing a great many of the troops.

Question. Had any of them broken or behaved badly before?

Answer. Yes, sir; on Sunday night I had seen the troops leaving their position behind their intrenchments on Camp Hill and falling back to the Potomac.

Question. What regiments?

Answer. The Twelfth New York State Militia.

Question. Any others?

Answer. I saw a great many, not in bodies, but stragglers from the other regiments, with the numbers 111 and 126 on their caps.

Question. Did you ever see Colonel Miles, during the siege, under the influence of liquor?

Answer. Never.

The further investigation of this case was suspended for the present.

The Commission then resumed the investigation in relation to the evacuation of Winchester by General White.

Subsequently the Commission adjourned to 11 a. m. on Thursday next.

WASHINGTON, D. C., October 23, 1862.

The Commission met pursuant to adjournment.

* * * * * * *

The Commission resumed the investigation in relation to the evacuation of Winchester by General White, and spent some time thereon.

The Commission then resumed the investigation in relation to the evacuation of Maryland Heights and the surrender of Harper's Ferry.

Mr. JOHN JOLIFFE and Mr. S. W. JOHNSTON appeared as the representatives of Colonel Ford, to conduct the investigation in his behalf, and were sworn to secrecy.

THOMAS NOAKES, recalled by Colonel Ford, and examined as follows:

By Mr. JOHNSTON:

Question. In your former testimony you stated that you were directed by General White to go to Colonel Miles in regard to Maryland Heights, and that in the conversation Colonel Miles scouted the idea, and said, "I cannot hold Maryland Heights. I have just informed him to evacuate there if he should think he was overpowered."

Answer. Yes, sir; that is right.

Question. Did he say, "I have just informed him," or did he name anybody?

Answer. I think he said the commanding officer.