the woods. I thought they were too near entirely; we could not see what the enemy were doing on the heights, and of course, that was all to our disadvantage.

Question. When did this conversation take place between you and Colonel Miles?

Answer. In the evening, about 8 o'clock; on Friday, I think.

Question. The day before the abandonment of Maryland Heights?

Answer. Yes, sir. At that time I did not know whether it was on Friday or Saturday; but I know now from the dates I have of it.

By the JUDGE-ADVOCATE:

Question. What is your judgment as to the practicability of escape the night previous to the surrender of Harper's Ferry?

Answer. Well, sir, in my view - it my not be of much account; still, I give it - I think it would have been almost impossible to have got the infantry force and artillery out of Harper's Ferry; that is, clear of the enemy; it would have been an utter impossibility; but it might have been practicable to have got that force over on the Maryland side, but they would then have been under a very severe attack of the enemy. There would have been a great many men slaughtered, and I think they would have been, perhaps, compelled to have surrendered there. There was no preparation made on the Maryland side, or on the Loudoun side, to resist an attack. The enemy had all the advantage; they had the woods there for their cover, which should not have been. Colonel Miles had three months to fortify that place, and clear the timber off, but he did not do it.

Question. Made no preparation at all for defense?

Answer. The only preparation made for defense was done, I think, by order of General Saxton, and the work was under the superintendence of some other captain there; I do not recollect his name. It consisted of a face and two bastions, and then a line of earthworks, which did not amount to much, in fact to nothing at all, for they were never used except on the enemy on Loudoun.

By General WHITE:

Question. Where were those masks?

Answer. On Camp Hill. They were of no account. The enemy had complete command of that place; they could fire right down there. In fact, while the engagement was going on by the artillery between Camp Hill battery, which was under command of Captain Graham, and the Loudoun side, and also from the Maryland side, Campaign Graham had to move his guns very often. They had complete command of the place. The rebel officers there said we killed a number of their men upon the Loudoun side with our 24-ponder howitzers and some of our 20-pounder Parrott guns. Whether it was so or not, of course I am not able to say. That was their acknowledgment, any how. After opening fire from Loudoun Heights on that battery of Captain Graham, they turned their guns, and fired down into the cavalry one shell that scattered.

By the COURT:

Question. Do you confine yourself to the question?

Answer. That is for you to say.

By the JUDGE-ADVOCATE:

Question. What number of horses do you suppose remained after the cavalry escaped from Harper's Ferry?

Answer. There were 13 horses of mounted men - 1 man was wounded, I thing - returned over the pontoon bridge, and a sergeant, or perhaps one of the corporals, came up while I was in the room with Colonel Miles, and stated that 13 men had returned, and there was 1 wounded and 1 killed.

Question. Was there not a large number of spare horses and artillery horses there?

Answer. There were those 13 horses, and there were some 26 besides, perhaps, that remained on the ground.