Heights, there should have been three guns at Solomon's Gap and four other guns on the heights, and 3,000 men would have been absolutely necessary in order to defend them. That fortifications were necessary at ----, and that it would have taken two weeks, with a force of 1,000 men, to prepare the necessary defenses. This testimony is not contradicted or disputed by any witness, and Captain Powell is the only engineer who has been examined in this case. But the actual condition of these heights was very different indeed from that, as is clear from the evidence:

1st. There was, on the southeastern slope of the hill and about halfway up the hill, a battery of two siege and three 12-pounder guns, which were placed in that position for the defense of Harper's Ferry and not for the defense of Maryland Heights, except only against attacks that might be made by an enemy approaching those heights either from Harper's Ferry or from the southwestern side of those heights. The battery was of no value whatever to defend Maryland Heights against an advance by the enemy approaching from the north or northeast or northwest, or from all of those points, because but one of its guns could be brought to bear upon the enemy coming from those directions, as the whole hill was between the battery and the enemy approaching from those quarters. There were, with the exception of this battery, no artificial defenses upon the hill. It was covered with timber, and in all other respects in its natural condition. By the judgment of military gentlemen who have been examined upon the subject, Solomon's Gap was the key to Maryland Heights in an attack from the north, north-east, or northwest; and there was not at that place or near it, at the time Colonel Ford took the command, a single piece of artillery or a breastwork, or any other artificial defense.

On the 10th or 11th of September, two Parrott guns were sent to him, which were placed by order of Colonel Miles at the battery. Colonel Ford took with him, upon Maryland Heights, a battery of six guns, under the immediate command of Captain Potts, which battery had always been with and belonged to his regiment (Thirty-second Ohio Volunteers); but on the 5th day of September, the same evening that it was taken up, Colonel Miles ordered that battery over to Harper's Ferry, and it was, in obedience to that order, sent over to Harper's Ferry on the same day that the order was received, September 5, 1862, and never was brought back again.

Colonel Ford took up with him, on the 5th of September, the Thirty-second Ohio Regiment, about 400 or 500 men (infantry). There were on the heights, when he went up, three companies of the Potomac Home Brigade, numbering about 200 men (infantry), and the artillery of McGrath's battery, the same guns already mentioned (and which were afterward re-enforced by the two Parrott guns), and about 100 men with these guns and battery; two companies of cavalry, numbering about 75 men, under the command of Major Russell, and some cavalry, about 150 or 200, which were ordered down on Friday morning, September 12, by Colonel Miles, and went, pursuant to Colonel Miles' order, to Harper's Ferry, leaving him about 675 men.

On Friday morning, about daylight, he was re-enforced by 260 Garibaldi Guards, in six companies, under the command of Major Hildebrandt, and on Friday evening, September 12, he was further re-enforced by eight companies of the One hundred and twenty-sixth New York Regiment, Volunteer Militia, commanded by Colonel Sherrill, numbering probably 600 or 700 men. On Saturday, at 12 o'clock, Colonel Miles brought up, in person, five or six companies of Colonel Sammon's regiment, One