Question. When you moved your regiment up the road to form in line of battle, as you have stated, was the movement visible to the rest of brigade?

Answer. It must have been so, for I passed within a few feet of their several lines as I passed to the front . I know that some of the cavalry of the brigade saw us.

Question. When it was made known to you that you were to command the rear guard in the retreat, did you desire to have the field battery carried out with you? If not, why?Please state anything you know on that subject .

Answer. As to my desires, I can that I was there to obey orders, and that it was none of my business to entertain or express any desires in relation to the manner of the retreat . In giving me instructions, Colonel McReynolds stated that I should permit nothing to go on wheels. I recollect asking him why his artillery was not taken, and he said it was decided in the council of war that neither the artillery nor anything else on wheels should go, . and explained that if the artillery or wagons were taken, the enemy would be down upon us, for the roads and fields were very rocky, and anything on wheels must take a noise. He repeated this several times .

Question. If your brigade had gone into the battle at the proper time, do you or not think the whole retreating force might have passed by safely on the Martinsburg road?

Answer. My opinion is, that if the Third Brigade had gone into the engagement at the proper time, we would have driven the enemy, and gotten off with small loss. The whole of that brigade was standing there in line of battle, too far to the rear to do any good whilst the fight was going on in front.

Question. Who is responsible, in your opinion, for the failure of the Third Brigade to take part in the engagement the morning of the 15th of June, 1863?

Answer. My opinions is that the brigade commander was in fault, from the information I had at the time . A portion of that information was derived from the statement made to me on the field by Captain Palmer and Major McGee .

Question. Do you think the failure of the Third Brigade to render, as you think it ought, assistance to the rest of the command, caused the loss of more life, prisoners, or public property than would otherwise have occurred?

Answer. Certainly, I do .

Question. Please explain in what manner the assistance of the Third Brigade would have caused such results?

Answer. If we had driven the enemy back, and occupied the ground, we could have passed through in comparative safety, in my opinion . If the Third Brigade had come up, I think we would have saved more artillery wagon horses than we did .

Question. Judging from the facts as they appeared to you on Saturday morning, at and about the time of your retreat from Berryville, would it have been a judicious movement to have retreated upon Harper's Ferry? If not, why not?

Answer. We could have gone to Harper's Ferry, but not without encountering considerable force of the enemy.

Question. When it was understood that Colonel McReynolds was not to be found, did the next officer in rank in the brigade give any orders that the emergency rendered necessary? If he did not, who did assume the direction of affairs and give orders?

Answer. I received no orders from any excepting General Milroy, through his chief of staff . As to the rest of the question, I do not know.

10 R R -VOL XXVII, PT II