By the Court:

Question. Did you receive instructions from any one how the retreat should be conducted, before or after the order in which the brigades should move was made known? If so, what were they? Answer. The only instruction I received was the reply of General Milroy to me, after I had sent my adjutant-general to him, to know what disposition to make of my troops, which expressed his approbation of what I had already done .

Question. Did General Milroy give you any further orders during the course of the retreat? Did you see him? Where was he, and what was he doing?

Answer. While this portion of my brigade was engaged with the enemy, I went to General Milroy, and told him what I thought he should do, which was to make a sufficient resistance there to enable us to get by the enemy, as we had but little ammunition and few men. General Milroy rode with me during the greater portion of the retreat, until we had gotten within 3 miles of Harper's Ferry. The distance he rode with me was 26 or 28 miles. page101 THE GETTYSBURG CAMPAIGN.

Question. You speak of your brigade only. Was there concret of action between it and other brigades of the Winchester garrison?

Answer. I did not see anything of any other troops excepting one regiment of the Second Brigade, the Eghty-seventh Pennsylvania Volunteers, on marching from Winchester. It was enggaged with the enemy at the same time that I was. Icould judge from the firing that I heard that the other portionof the division was engaged.

Question. What questions were submitted to the council of war assembled by General Milroy on Sunday night?

Answer. One was the quesion as to what was to be done. I believe there was but one opinion, and that was to retreat from there, if we could. The other was what rout was to be taken. Another was what was to be done with the artillery and other property. We could all see the situation.

Question. In your opinion, would not the artillery have been of material benefit to you on the retreat, all the circcumstances being considered?

Answer. The general opinion of the council was, that the property sould be abandoned. We could not burn or destroy it without exposing our movements. The question of moving itwas not mentioned. We were entirely surrounded. I was astonished that we were abler to get off with what we did. At the time we left, the sacriifice of the Government property was a necesssity. Iwas surprised that the enemy did not close upon us sooner that they did, during that night.

Question. What is your opinion as to the number of the enemy's forces?

Answer. Ithing it was between20, 000 and 30, 000.

Question. Do you know or not if the troops were kept at Winchester longer than they should have been after the first intimation of the advance of an overwhelming force of enemy upon that place?

Answer. I can only answer that by stating what I should have done if I had been in command. I should have left Winchester on the evening of Saturday, the 13th; bu this would have been in disregard of an order that General Milroy showed me from General Schenck to him. (The order produced, read, and verified of June 12, shown in General Milroy's report.)That is the order that General Milroy showed me frrom General Schenck, countermanding a previous order from Colonel Piatt. General Milroy showed me the order from Colonel Piatt on Friday, and on the next day, Saturday, the order of General Schenck revoking it. Orders had been given to the queartermaster to packup the wagon trains. Tese orders weere given by General Milroy in my hearing.

Question. When yopu were first attacked, who did you supposw thw attack camne froom?Answeer. I supposed it was from cavalry. We had heard, both from scouts and citizens, that we mightt prepare for an extensive raid to be made by Stuart's cavalry, and Generasl Schenck sent a dispatch to General Milroy stating he might expect a cavalry raid from General Stuart. I supposed the attack was of this kind, until I captured prisoners from Johnson's division of Ewell's corps. This was oon Saturdsay eeeevening.

Question. Did you or not see any other telegrams from General Schenck to General Milroy that the ones you allude to, on the subject of the abandonment of Winchester?

Answer. I did not.

Question. When General Milroy showed you the telegrran from General Schenck on Satueday morning, did he ask your opinion or advice; and, if so, what advice did you give relative to the retreat?

Answer. General Milroy read me a dispatch. I don't think he asked my opinion, but I gave it to him. It was that he shhoulf get General Schenck to give him a positive order to evacuate, and that he would not be justified in leaving that time without such an order, as it would be throwing the entire responsibilityy upon him (General Milroy).