second Ohio, that when Colonel Ely with his force attacked on the right we would route them. I met, however, the One hundred and tenth and One hundred and twenty-second Ohio falling back. The officers were so busy in preserving order that I could not communicate with them during the retreat . After we had fallen back to the Martinsburg road, I saw Generals Milroy and Elliott . I was informed by the former that the retreat was again in progress . I received but one further order that morning. There were a large number of fugitives and stranglers in rear of the One hundred and tenth and One hundred and twenty-second Ohio, who were wandering around without having any common direction or course. Some of nearly every regiment of the First and Second Brigades were represented. I was ordered to return, and endeavor to get these fugitives to fall in rear of the One hundred and tenth and One hundred and twenty-second Ohio. I complied with the orders as far as I could . There were not more stragglers than usually occur in such a fierce contest, and the perfect knowledge the men had of the large force in our rear contributed to the fright of the soldiers . Of course they knew the danger that surrounded them.

Question. Do you consider the retreat properly conducted ; if not who was in fault?

Answer. I have never received a military education, and do not profess to be a competent judge. I believe that the course pursued in abandoning the artillery and wagons was demanded by the exigency of the occasion . I further believe that we could not have escaped the enemy on Monday morning, except under cover of a contest. When orders were given while that contest was going on, I am ignorant of except those given to myself, as herein stated . There was a fault somewhere, undoubtedly, in the retreat . The disposition of the Third Brigade, under Colonel McReynolds, which was in the rear, cannot be accounted for except upon the hypothesis that some officers was to blame . The commander of that brigade became separated from, it and the regiments became separated from each other, and this too, without being in the battle. For these reasons, I think there was a fault somewhere in relation to that brigade. Being engaged in the advance with the One hundred and tenth and One hundred and twenty-second Ohio, I am unable to state to what officer the blame attaches . After the One hundred and tenth and One hundred and twenty-second Ohio left the field of battle, on Monday morning, I saw nothing in the mode of retreat to condemn. It was conducted by General Milroy and General Elliott in person . The dispersion of Colonel Ely's command, and the surrender of a portion of it, may be accounted for by the severity of the contest in which they were engaged. As my testimony already shows, I did not witness it. The One hundred and sixteenth Ohio did not march with its brigade from the forts, nor did it at any time get with its brigade. By whose fault, I do not know . The night was very dark, which, favoring us in some respects, did not in others. I have no doubt that we eluded the enemy that was in our rear estimated to be 20, 000 strong, with at last thirty guns, which could not have been done had we taken our artillery and wagons. The enemy's sentinels were perhaps not 200 yards from the main fort.

Question. During the fighting at Winchester and during the retreat, did you observe any want of coolness, judgment, or courage in any officer, or any want of discipline in amy regiment of General milroy's command?

Answer. So far as my observation extended, the officers and men behaved with rather more than ordinary merit . All orders which I delivered or gave were promptly obeyed. I have heard of instances of delinquency, but have no personal knowledge of them .

By the COURT:

Question. Did Major -General Milroy send or give any orders to the Third Brigade during the retreat? If so, to whom were they given, and were they obeyed?

Answer. I have no personal knowledge of what orders were sent to the Third Brigade .

Question. Was or not the First Brigade and also the Second Brigade dispersed in various directions, and did or did not these brigades arrive at the Potomac at points many miles apart, and at places other than that designate by Major-General Milroy?

Answer. Yes:the intention was to retreat to Harper's Ferry . The order was generally understood by all the officers that we were retreating on Harper's Ferry.