By the JUDGE-ADVOCATE:

Question. Did you observe particularly Major Baird's bearing on the field?

Answer. The major of the One hundred and twenty-sixth?

Question. Yes, sir.

Answer. I did.

Question. What was it?

Answer. It was not very good.

Question. Was it very bad?

Answer. Well, it was about as bad as a man of his standing could be.

Question. Did he fly?

Answer. Every chance he could get. His own colonel and our major and all persuaded him to get him back. His excuse was that he was after his men to get them back. My opinion was that he was trying to get away himself.

By the COURT:

Question. Did you see him attempting to rally his men?

Answer. No, sir; I saw him attempting to get away himself on several occasions, and saw him ordered back.

By the JUDGE-ADVOCATE:

Question. You think that, with the exception of that single company, the conduct of the One hundred and twenty-sixth Regiment was bad?

Answer. Yes, sir; a few men of each company besides, perhaps, remained there. The colonel was a good man; right at his place as long as he was there. There was no better man. He was wounded.

By Mr. JOLIFFE:

Question. After the One hundred and twenty-sixth Regiment ran, could Maryland Heights have been held with the force that was left?

Answer. No, sir; it couldn't have been held if they had staid, with the force that was coming against us. We had thrown up, unbeknown to them, in the night, or in the evening rather, a fortification; that is all that checked them. We held that place probably a half an hour, probably an hour, by getting back of it; I don't think they knew it was there; they might have known it, but I don't think they knew it until they came on it. The top of the mountain there where we threw that up was narrow. If it hadn't been for that, I don't suppose any of the One hundred and twenty-sixth, only Company F, would have staid. That captain was the only rallying officer the One hundred and twenty-sixth had that staid on the ground.

By the COURT:

Question. Did you see Lieutenant Barras on the mountain at any time, the adjutant of the One hundred and twenty-sixth?

Answer. Yes, sir.

Question. How did he behave?

Answer. I saw him frequently. He went down off the mountain once, but he returned. Well, I have seen men do worse, and I have seen men do better; I couldn't give you his acts just as they were. If he had had a good major, he would probably have been a good adjutant.

By Mr. JOHNSTON:

Question. Where were you driven by the force of the enemy there?

Answer. When you get back to the lookout - that is the highest point there is - after you leave it about 50 yards, you come to an offset - slight. You go on probably 300 or 400 yards tolerably level until you come to another point. We held that point.