get up until the fighting had been going on for sometime. General Milroy assumed command after reaching the point where General Elliott was engaged with the enemy.

Question, Did you see Major General Milroy, or did you receive any instructions from him, or by his authority, during any portion of the time you were retreating? If so, when and where was it, and what orders were they?

Answer. The only orders that I received from General Milroy, or from any other person, either directly or indirectly, was simply the verbal one from General Milroy in person when he was passing me: Hurry up your brigade; they are fighting in front. From that time until I saw General Milroy at Harper's Ferry, on the same day, I had no communication with him whatever.

Question. You say in your testimony that while you were being pursued by the rebel cavalry you overtook "quite a body of infantry unorganized" To what command did this infantry belong?

Answer. I really cannot answer that question. They were of deferent regiments. The force was small- not more than 30 or 40, or, perhaps, 50 men, of General Milroy's command. I could not tell what regiments they belonged to. I simply asked them if they had ammunition. They said they had. I told them to be prepared, as they might meet rebel cavalry, and they could whip them, and not to allow themselves to be frightened by them.

Question. You say in your testimony that while you were being pursued by the rebel cavalry you overtook ''quite a body of infantry unorganized. '' Tho what command did this infantry belong?

Answer. I really cannot answer that question. They were of different regiments. The force was small-not more than 30 or 40 or perhaps, 50 men, of General Milroy's command. I could not tell what regiments they belonged to. I simply asked them if they had ammunition, They Said they had. I told them to be prepared, as they might meet rebel cavalry, and they could whip them, and not to allow themselves to be frightened by them.

Question. What regiments did you pass or " sight" on the way from Winchester to Harper's Ferry, and did they appear to be retreating in good order and under the command of their officers?

Answer. I found on the way some of the sixty - seventh Pennsylvania but a small number, and they appeared to be marching in no regular order. I saw quite a body of the Sixth Maryland moving with their colonel in the usual order that troops move on a fatigue march. That was the only considerable body that I saw.

Question. Who do you think should be held responsible for the disorderly retreat of your brigade?

Answer. I suppose the commanding officer is held responsible.

Question. Do you mean to say that you were deserted by a portion of your command, the Thirteenth Pennsylvania Cavalry, for instance?

Answer. I mean to say, and do say this, that they left me under the circumstances I have stated, and that the First New York Cavalry left the ground under the circumstances I have stated, and without my knowledge.

Question. Do you think any officer is responsible for the disorders of the retreat?

Answer. Well, I thought it very strange that I received no orders from General Milroy during the progress of the fighting, as orders should have been sent to me. Some parties were delinquent. I should have received orders, because my movements were plain. I had a column of infantry moving in an open field, and a column of cavalry moving, which diverted the rebel guns to my line. My answer to that question would be, I am not able to state what particular officer is responsible.

Question. Were you called on for an official report of your proceedings in this retreat?If so, why?Why did you not make such a report?

Answer. I had learned that General Milroy had been placed in arrest, and was in Baltimore. After this, my command was scattered, and entirely removed from me. For example, a part of them were in Loudoun and Pennsylvania, and did not return to my command for some time. I had no opportunity to get reports of officers commanding regiments, for the reasons I have stated, and because I was next day assigned to the command of a cavalry at Harper's Ferry-entirely new men to me. I remained at Harper's Ferry until it was evacuated. I then moved with General French to Frederick, and remained there until General Meade returned from the battle of Gettysburg. He relieved me, on the application of General Pleasonton, and ordered me to report to that officer for duty, which I did. I then re-