In their conclusion, the court find that the retreat was generally properly conducted, and the public property suitably cared for, that the four guns captured were improperly kept on the field after all the supports had left, and that the gun of the remaining section, which was disabled, was improperly abandoned on the field by Lieutenant Herr. Upon the whole testimony l it is believed that the following conclusions are properly arrived at: 1. That Colonel Smith handled his command skillfully during the day (June 14), but that the withdrew from the field too abruptly, and without giving the desirable attention, or communicating with certainly, to a part of his command the final orders for the retreat . 2. That General Tyler was at fault in keeping the two sections of Maulsby's battery on the field (as is found by the court), after the infantry supports had retired, and in finally neglecting, after assuming command over the battery, to direct Captain Maulsby as to his line of retreat . 3. That Maulsby's four guns were lost principally because of this action and neglect on the part of General Tyler and partly because of the neglect of Colonel Smith to convey a positive order to Maulsby as to the direction of the retreat . 4. That General Tyler would have more strictly complied with the instructions of his commanding officers if he had assumed command of the brigade upon his arrival at Martinsburg, in accordance with General Schenck's order of June 13, taken in connection with the communication from the latter of the 14th, that if General Tyler had so assumed command, it is probable that the errors which were committed at the time of the attack by the enemy in force, in consequence of there being practically two commanding officers in the field, might have been avoided . Respectfully submitted .

J. HOLT,

Judge-Advocate-General.

Honorable E. M. STANTON, Secretary of War . -

Numbers 401. Report of Major Napoleon B. Knight, First Delaware Cavalry, of operations June 27-29.

HDQRS. FIRST BATTALION DELAWARE VOL. CAVALRY.

Camp near Baltimore, Md., June 30, 1863.

GENERAL: In obedience to Special Orders, Numbers 172, headquarters Eight Army Corps, I moved on Saturday evening [27th] with two companies of my command, numbering in all 95 men, on the Hookstown road, in the direction of Westminster, and having encamped for the night at Reisterstown, we proceeded early next morning to Westminster, where we arrived about 11 o'clock, and occupied the town . Having encamped on the outskirts of the town, on the road leading to Gettysburg, I immediately threw out pickets on all the roads leading into the town, at sufficient distances from my encampment to allow ample time to be informed of the appearance of the enemy . Lieutenant Bowman's (One hundred and fiftieth New York Volunteers) scouts reported about 6 p. m. on the day of our arrival that