presence of the enemy in that direction, we could have made such dispositions of our forces as to have secured his repulse, and, from the nature of the ground, have conciliated those dispositions from the enemy. My impressions is that I heard Captain Morgan make his report, but of this I am not certain. General Milroy communicated to me that there was no enemy in that direction, and stated, as the reason the report of Captain Morgan.

Question. What was the distance you marched on the 15th of June, 1863? In what time did you make it, and what was its effects upon the officers and men?

Answer. I think we marched from 32 to 36 miles . We arrived at Harper's Ferry between 2 and 3 p. m. The march told very visibly on the men, and they were very much worn out. Generals Milroy and Elliott were very much exhausted.

Question. Was there any thought of the evacuation of Winchester so as far you heard or know, at any time before you took the prisoners you have mentioned, on Saturday afternoon?If so, from whom did you hear it?

Answer. I know that the evacuation of Winchester was contemplated . I was present at a conversation between Generals Milroy and Elliott, which occurred on Friday preceding the evacuation, on which both generals concurred in the opinion that it would be improper to evacuate under the existing orders.

Question. Was the command of General Milroy so hard pressed by the enemy as to render it necessary that different portions of it should take different roads, and retire through fields and woods regardless of roads?

Answer. The enemy was strong in our rear, and its close proximity to us, and a consciousness of that among the officers and soldiers, contributed to cause the dispersion of the troops. But it would have been better for the command had it been kept together . The enemy could not have pursued us successfully, except with cavalry, against which the command could have protected itself had it kept together. The march that we made through the fields and off the roads, I though at the time judicious, and I think it was adopted at the suggestion of General Elliott.

Question. Was this mode of retreating known to the commanding general? If so, were any measures taken to correct it?

Answer. It could not have been otherwise than known to the commanding general, but the knowledge came to him probably at a time when it was too late to correct it. After the troops had started on the road toward Bath, I would have regarded it as inexpedient to have changed their course, for the reason that the time it would have consumed would have endangered the safety of those troops.

By the JUDGE-ADVOCATE:

Question. To your knowledge, at that time did or did not the enemy follow you from Winchester?

Answer. I have no knowledge of his following us.

By the COURT:

Question. Do you know what was the pressure of the enemy on the Second and Third Brigades, or what circumstances caused them to scatter and march by different routes?

Answer. I know of no presume on the Twelfth Virginia Regiment. It was not engaged . Why it was not brought into action I do not know. The Eighty-seventh Pennsylvania and Eighteenth Connecticut, which went into action under the immediate command of Colonel Ely, I understand, were surrendered by that officer, or attempted to be, together with the One hundred and twenty-third Ohio . Portions of those regiments, however, made their way out, and it that way became dispersed. The One hundred and twenty-third Ohio was nearly all surrendered or captured . I know nothing about the operations of the Third Brigade that day, of my own knowledge .