By General WHITE:

Question. Did you ever exhibit that paper to me until after the surrender?

Answer. I do not remember whether I ever exhibited it to you at all until here. I have just stated in evidence that I did not receive the paper until several days after the surrender.

By the JUDGE-ADVOCATE :

Question. Do you know at what hour of the day the prisoners passed

out?

Answer. I do not.

By the COURT:

Question. The fact that those prisoners had been released was known to the troops at the time it occurred, was it not?

Answer. Not generally.

Question. There was some excitement over it, was there not!

Answer. Not that I am aware of. I believe the matter was not known to any one, except the pickets who took up the passes.

By the JUDGE-ADVOCATE :

Question. Do you know whether they passed out of our lines by day or night?

Answer. It was in the day-time that they passed out.

Question. They would certainly pass in view of a considerable number of our troops, would they not, taking the route indicated in that pass? Answer. They must have been seen by our forces.

By the COURT:

Question. You say the evacuation of Maryland Heights created great excitement in your regiment?

Answer. It did.

Question. What was the impression as regards who gave the order for the evacuation?

Answer. I heard no opinion expressed as to that.

Question. You spoke of it in connection with the men being dissatisfied with Colonel Miles.

Answer. They were disappointed in not going to Maryland Heights, according to the announcement made to me in the morning, and when, but an hour or so afterward, I heard that Maryland Heights had been evacuated, I supposed there was some connec tion with it.

Question. When Colonel Miles informed you that your obedience to the order to go to Maryland Heights was not necessary, what did you infer from it-that the order had been given to have the heights abandoned?

Answer. Quite the opposite.

Question. What reason was given that it was not necessary for you to go!

Answer. He assigned no reason; simply said we would not be wanted there; that it was not necessary I should go.

Question. That was an hour before the evacuation?

Answer. It might be an hour and a half or even two hours. My impression is that the evacuation took place about 3 o'clock; that is, the cannon ceased firing at that time.

In connection with the Maryland Heights matter, it might be proper for me to state that about half an hour after Colonel Miles called upon me, General White, in company with Colonel Trimble, also called. The general asked me if I had got any orders. I said that I had; that I was not going to the heights, but was under orders to report to Colonel D'Utassy, for service in the First Brigade. General White said that he was very much disappointed; that he thought the regiment could have been used to better purpose elsewhere, and he added that it was his intention to have gone with us. I told him that I was anxious to go, and asked him to countermand the order. He turned to Colonel Trimble, and said that he believed it would be best for him not to do it; that he did not wish to countermand the order. He said he was sorry; that it was not the service that he wished to see the regiment engaged in.

By the JUDGE-ADVOCATE :

Question. Any statement that you desire to make bearing upon that evacuation, or the necessity for it, or the absence of such necessity, will be pertinent to the inquiry.

Answer. On Sunday evening I called upon Colonel D'Utassy, who was in command of the First Brigade. I told him I was afraid the place was going to be taken. I spoke of the want of confidence in Colonel Miles; of the shortness, almost exhaustion, of the ammunition; of the general impression that seemed to reign through the place that Harper's Ferry would fall, and suggested to him that we ought to make an effort to leave. He said that he was as willing to do so as I was, but could not leave without orders. I desired him to apply for such orders. He subsequently informed me that he had done so, but that Colonel Miles would not, on any account, permit us to evacnate. In the night time, while I was with my regiment, I saw the enemy on Maryland Heights, enfilading us. They were actively engaged all Sunday night. I called on Colonel D'Utassy again, at 3 o'clock on Monday morning, and told him what Captain Phillips and Captain Von Sehlen had informed me-that their ammunition was almost gone; that the enemy had been actively employed through the night changing the position of their batteries and placing batteries in a position that would place us in a very perilous situation; and I again proposed to him that unless we could hold the place we ought then to make an effort to get away; that there was still time, as it was then about 3 o'clock in the morning. I told him that he might take his brigade without leave if not with it, and I would join the fortunes of my regiment to his and share with him the responsibility. Colonel D'Utassy desired me to see Colonel Miles and General White, and thought it was important the matter should be talked over further. I told him I would have to go back to my regiment; that I could not leave it. I understood that Captain Phillips and Captain Von Sehlen did call upon Colonel Miles or General White. I believe that is all that I have to state.

Question. Have you any doubt at all that the troops could have evacuated the Ferry and effected their escape?

Answer. I thought so, or I should not have made the proposition to leave. Question. Did you regard the undertaking even as one of extreme peril?

Answer. No, sir; I did not. I thought the chances were very strongly in favor of our making our escape.

Question. Did you understand from any quarter upon what grounds Colonel Miles resisted this proposition which was urged upon him, to evacuate?

Answer. As I said before, he seemed to be thoroughly stupefied, and talked inconsistently. One time he led me to suppose, by his conversation, that the place could not be held; and at another time, as I was informed by Colonel D'Utassy, he gave as a reason for not permitting us to leave that the place must be held.

Question. You say you were three months with him previously!
Auswer. Three months under him.

Question. Did you observe these peculiar characteristics during that time-this confusion of mind, insensibility, stupidity you speak of, or only during the siege of Harper's Ferry?

Answer. I noticed it before, but supposed it was more the peculiarities of the man than anything else. It was chiefly by correspondence that I had any intercourse with him.

By the COURT:

Question. Were you well acquainted with the country in the vicinity of Harper's Ferry?

Answer. Somewhat acquainted.

Question. What route did you propose to take?

Answer. I thought there were two routes; that we could cross the Shenandoah, take along the base of Loudoun Heights, and strike for Frederick, or break through above and make for McClellan's army.

Question. In the way of Shepherdstown, or in that direction?

Answer. In that direction. I do not know as we should have tried the Shepherdstown road. We heard the firing of McClellan's army Sunday afternoon very distinctly, and we were satisfied the army was not a very great way from us.

Question. Had you ever been over those roads which you proposed to take?

Answer. I had not, but I had some conversation with those who had. In the course of Sunday, when the matter first suggested itself to my mind, we had two men there who were thoroughly acquainted with the country in every direction. I had traveled with them before, and I had perfect confidence in them.

Question. What were the names of those meu?

Answer. Noakes was one, and Captain McGuire, or some such name as that, the other.

Question. Did Mr. Noakes represent that the route proposed was practicable for artillery and infantry?

Answer. Not the route taken by the cavalry, but there were other routes that I was led to suppose were practicable. My conversation was chiefly with the captain. He said that he would make his escape, at all events, and thought we might all succeed in making our escape.

Question. Were you with Colonel Miles' brigade in the three months' service at Williamsport?

Answer. I was stationed at Martinsburg.

Question. Had you not previously been with him at Williamsport? Answer. I retreated from the vicinity of Williamsport when I came to the Ferry. I had been sent out, by General White, to reconnoiter and see if Jackson was approaching, and, pushing on, I met the force of the enemy and fell back on the Ferry. I deem it proper to say, in reference to General White, that on Saturday morning he mentioned to me that he thought it would be his duty, under the circumstances, to waive the right to command. He stated to me his reasons, and asked me what I thought. I said that Colonel Miles being an officer of forty years' standing and possessing the confidence of General Wool so highly, as I had every reason to believe he did possess it, I thought he was justified in acting as he did; and, baving remarked to the court the way in which the announcement of the surrender was received, I deem it but justice to Colonel D'Utassy to say that during the time I was in his brigade he acted uniformly the part of a brave, energetic, and good officer. I saw nothing like cowardice, or anything approximating to it, in anything he did. I believe he would have been pleased to have gone out with us.

Question. Do you know that any of the enemy were killed or wounded during the siege of Harper's Ferry?

Answer. On Sunday morning I saw Colonel D'Utassy, and proposed to him to give me permission to go to Maryland Heights and bring away the guns that had been abandoned there the day before. Colonel D'Utassy said he was willing if Colonel Miles would give his consent. I asked him to obtain the permission, as I would be pleased to go. Subsequently he gave me permission to detail two companies of my regiment, the Sixty-fifth Illinois, to act with two companies of his own regiment, all to be under the command of Major Wood, of my regiment. The force went over to Maryland Heights, had an exchange of shots with the pickets of the enemy, and I was informed by Lieutenant Floyd that 2 of the enemy were shot dead. They got the guns and brought them into Harper's Ferry. Captain Kennedy, of Company E,

of my regiment, had lost his tents, and asked me to permit a wagon to accompany them to bring over some of the tents of our own men that had been left there, and I gave permission. When he got there he did not load with tents, but loaded with ammunition. He informed me that he could have loaded a great many more wagons, if he had had them, with ammunition of all kinds.

Question. That does not answer the question exactly. Do you know, of your own knowledge, of any of the enemy being killed or wounded?

Answer. I do not.

By General WHITE :

Question. Did you belong to the force that moved under General White from Martinsburg to Harper's Ferry!

Answer. I did.

Question. Had you any knowledge of Colonel Miles' capacity prior to your entry into Harper's Ferry under General White? If not, was your judgment thereupon formed from the events which transpired during the siege ?

Answer. My judgment was formed alone from the events which transpired during the siege.

Question. You have stated that you believed Harper's Ferry could have been held if the entire force had been removed to Maryland Heights. Do you mean that the force should have been taken over before the evacuation of that position, or that it might have been reoccupied after the heavy battery had been destroyed and the enemy occupied the crest of the mountain?

Answer. I think it extremely doubtful whether we could have reoccupied the heights and held them after the destruction of the battery. The guns we brought over, the 12-pounder brass pieces, were all spiked.

Question. Did Colonel Miles tell you he was ordered to hold Harper's Ferry to the last extremity, as the reason for not allowing the troops to leave there, or did you hear it from Colonel D'Utassy as coming from Colonel Miles?

Answer. I heard it from Colonel D'Utassy, assigned by Colonel Miles as the reason why we could not leave; that we must hold the Ferry.

Question. Had you any reason to doubt Colonel Miles' competency at the time of your arrival at Harper's Ferry with General White!

Answer. I had not.

Question. Had you an opportunity to observe the officers under arrest in connection with this investigation during the siege of Harper's Ferry; if so, what was their conduct?

Answer. What I stated of Colonel D'Utassy I can also say of General White. Question. Have you any information of the force of the enemy invest

ing Harper's Ferry? If so, state what that force was.

Answer. I had conversation with a great many of the rebel officers, and all of them told me that to have held out would have been madness; that their force was overwhelming.

Question. What is your opinion of the utility of further resistance at the time of the surrender; that is, on Monday morning, the 15th of September !

Answer. Informed as I was, subsequent to the surrender, that the ammunition was exhausted-that the enemy were massing their men on the left, and that a great many of our regiments now in the service were not to be relied upon in a close encounterif I had been consulted, I should probably have acted in the same manner that the other officers did.

By Colonel D'UTASSY :

Question. Do you know what became of the gunpowder which you brought down from Maryland Heights ?

Answer. I do not.

By General WHITE:

Question. I believe you have stated that I consulted with you in regard to not assuming the command.

Answer. You did. I have so stated, and that I concurred in your opinion.

By the COURT:

Question. If you had been yourself ordered with your command to have kept the post of Harper's Ferry to the last extremity, knowing all the circumstances and the condition of things as they were at that time, would you have considered yourself justified in giving up the post at the time it was surrendered?

Answer. I would rather not undertake to answer that question, for I do not think I can do so intelligently; it is so exceedingly problematical that I would rather not answer it.

Question. You can answer the question. If you had orders to defend the post to the last extremity, and if you had known all the circumstances that existed at that time, that the ammunition was out, &c., would you have considered yourself justified in surrendering at that time-in other words, would you have considered that the "last extremity "

Answer. I do not think it was the last extremity. My impression is that we would have driven the enemy back in the first assault, with heavy loss, and they would probably have slaughtered us in the second.

By General WHITE:

Question. Would the further fight, which you think might have been made, have been productive of anything more than a temporary delay, if any

Answer. I do not believe it would have resulted in holding the place.

Question. I understand you, then, to say, that, although the last extremity literally had not been reached at the time of the surrender, practically, so far as any good results were concerned, it had been reached?

Answer. I stated that any further engagement would not, in my opinion, have changed the result. The place would have fallen.

By the COURT:

Question. Was or was it not, then, your impression, at the time, that the surrender should have taken place, or you should have cut your way out through the enemy, one way or the other?

Answer. It occurred to me, at 3 o'clock on Monday morning, when I made the last application at Colonel D'Utassy's quarters, that that was the last opportunity we had to leave the place. We would have got clear of the Ferry just about daybreak, but subsequently we could not have left. From what I saw myself, the force of the enemy was overwhelming. I might add that the force of General White, and I can say so generally of all the forces that came in, entered the Ferry with the impression that they had reached a fortress, but when they got there they found that no work had been done upon the place at all; that there were no abatis; no preparations for defense, and if there were any infantry intrenchments there I was not able to discover them. Question. Were there no defenses at all on Bolivar Heights?

Answer. Nothing to speak of; twenty-four hours' labor would do all that was done there