Question. Did you ever hear Colonel Miles say that our line of defense was to be on Bolivar Heights; that that line was to be where he was going to make his fight, or anything substantially like that?

Answer. I heard him make a remark to that effect more than once, I think.

Question. Do you know of my having to deploy Colonel Willard's regiment after they were in line for the purpose of completing the connection between our right and the extreme left, on the Shenandoah River?

Answer. Yes, sir; I know it was deployed.

Question. Were all the troops in that line able to form more than a single line of battle? Could there have been more than that there, with the troops we had, aside from those for the defense of the bridges!

Answer. All the troops that appeared, so far as my knowledge goes, had been employed, and they certainly did not handsomely cover the line.

Question. What was your opinion in regard to the propriety or impropriety of the surrender at the time it occurred?

Answer. At the time it occurred I regarded it as proper; that it could not have been avoided.

Question. Have you been in any other engagement besides that, and where !

Answer. The only other engagement of note I was in was the battle of Pea Ridge, in Arkansas. I have been in several skirmishes.

By the JUDGE ADVOCATE :

Question. You have no knowledge of the condition of things on Maryland Heights, which led to their evacuation?

Answer. Nothing whatever, of my own knowledge.

By General WHITE:

Question. You may, or may not, know whether I was requested by Colonel Miles to look to the left of the line on Bolivar Heights, to attend to that particular portion, and what duty I discharged was to be done there?

Answer. I understood it so; but whether I heard Colonel Miles say so or not I am not confident.

Question. That is where we were during the entire siege, mostly? Answer. Yes, sir; I was not up on Maryland Heights at all, myself.

By the COURT:

Question. Did you ever know of any order given by Colonel Miles in regard to the abandonment of Maryland Heights ?

Answer. No, sir.

Question. Nor anything that passed subsequently, showing either approval or disapproval on his part?

Answer. No, sir; I heard him make some remarks in the evening of the same day of the evacuation. I do not know as it bears upon that point especially. He said the troops he had there behaved very badly, and mentioned especially one regiment, the One hundred and twenty-sixth New York He said it not only ran whenever a gun was fired, accidentally or otherwise, but also ran over what troops he had there, that would maintain their positions by themselves. He said it was impossible to maintain the position of those heights, and that he could do no better than to give them up The Commission then adjourned to 11 a. m. to-morrow..

44 R R-VOL XIX, PT I

WASHINGTON, D. C., October 14, 1862.

The Commission met pursuant to adjournment.

Capt. EUGENE MCGRATH, called by Colonel Ford, and sworn and examined as follows:

By Colonel FORD:

Question. What position do you hold in the military service?

Answer. Captain of Company B, Fifth Artillery, New York Volunteers.
Question. Where were you stationed !

Answer. On Maryland Heights.

Question. How long had you been stationed on Maryland Heights! Answer. Since the last of May-the 29th of May, I think; perhaps the 1st of June. Question. Under whose command were you on the heights?

Answer. Colonel Miles, until you came.

Question. At what time did I arrive on Maryland Heights, and assume command ↑

Answer. I really cannot tell what time it was. It was about five or six or eight days previous to the trouble there.

Question. I want you to describe the location of your battery on the heights. [Showing witness a map.]

Answer. I am under the impression it was about here [indicating on the map]. Question. Was it on the heights or on the slope of the mountain ? Answer. On the slope of the mountain, I should judge, about half way up, hardly half way.

Question. From the time I arrived on the mountain and assumed command, what activity and energy did I show, if any, in preparing for defense there?

Answer. I do not know, unless it was to throw your pickets out, and all that kind of thing.

Question. Was I anxious and determined there?

Answer. Yes, sir; that was my impression all through.

Question. What was the condition of the roads where the troops were located at different points? What was the condition of the mountain paths, by which we reached this road?

Answer. What do you mean; on the top of the mountain!

Question. Going up to the top of the mountain, and on the right and left, and to the points where Colonel Sammon was, and Captain Pal

mer was.

Answer. A road was cut through there; I had to blockade it, I know, before I sent your men through.

Question. I want you now, under a general question, to go on and describe the condition of those troops running from the mountain top down to your battery, &c.

Answer. I looked on it as a general stampede myself; I supposed it was general; men coming into my breastworks, and all around me, in my camp and all through it, running on all sides. I did not know what to make of it.

Question. Did they run on your left, too, as well as into the breast works, over past the old cabin there, over toward Unsell's ?

Answer. Unsell's was away from my camp.

Question I mean coming over from that direction.

Answer. Yes, sir; I saw them coming from that direction as well as down the other

way.

Question. In great numbers ↑

Answer. I did not have time to count them. I should think there were quite a lot of them.

Question. Did you make any exertion to return those troops!

Answer. Yes, sir; I got all the men of mine acting as infantry, what few there was, to drive them back, and I drew my pistol on them and called them a set of cowards, and then I requested you, I think, but I am not certain, to send a company to drive them back, and if they did not go back to shoot them down. I think I told you and some other gentleman there, I do not know who he was.

Question. How long did that exertion to replace those troops continue? Answer. I really could not positively say. I do not recollect. I had a great deal to do; I had seven guns there, and my time there was taken up in paying proper attention to them.

Question. You were well acquainted with that mountain and all its roads and passes ?

Answer. Tolerably; for my time there I went over it pretty well.

Question. Taking into account the enemy's forces, what you could learn from reports of aides coming back and the running of our troops, was there, in your opinion, a military necessity for abandoning the heights?

Answer. I do not take what I heard from aides or anything like that. I was on the mountain, on the lookout, on Thursday morning, Thursday noon, and Thursday afternoon. Major Steiner and myself were there, and Major McIlvaine and myself were there, and I was up there again with somebody else, I have forgotten who it was. I was up there three times. I saw the enemy come over from the side of the other mountain, on the other side of Pleasant Valley, I think it was.

Question. Were you there on Saturday morning also!

Answer. I was not on the heights; I was at the battery.

Question. From all that you could see and learn, what was your opinion?

Answer. I think we could have held out there for a spell; we might have held out there a few hours, in my judgment. I did not want to leave it.

Question. You do not think we could have held out much longer! Answer. It is my impression, from what I knew then and what I have learned since, that it was almost a matter of impossibility to keep it a great while. I did not know what would turn up. We could keep it a spell, and I did not know but what something might turn up to relieve us. That was my only hope in staying there; but if we had staid there, we should not have had any help in that time.

Question. What do you know, if anything, about an effort being made to get re-enforcements?

Answer. I know this: I met Colonel Miles and made a requisition for re-enforcements, and he sent a requisition to General Wool. I saw the document myself. Colonel Miles read it to me, to send a company of my old regiment up to me, so as to put a battery at Solomon's Gap. I think he told me there were plenty of guns here, lying around Washington, 32-pounders and such guns. He wanted four 32-pounders and two 24pounders. He promised them to me every day. I calculated on having them every day, and expected them every day. He said that he had made a requisition, but he never got any. I made preparations and got everything in readiness so as to arrange them on Solomon's Gap; waited two weeks.

Question. Was it considered on all hands that it was necessary in order to hold that point to have artillery on the lookout and at Solomon's Gap!

Answer. Yes, sir. Colonel Miles detailed myself and Major Steiner in the first part of July, I think; I do not remember exactly the day. He told us to make a separate report We went there together and examined Solomon's Gap and all that kind of thing, and examined both valleys, and made a report to him, which, I presume, is on file now among his papers.

Question. Did that report show the absolute necessity of these precautions !

Answer. Both Major Steiner and myself-I never saw his report or he mine, but my report I believe was about the same as the other, as near as I could learn from Colonel Miles-both of us recommended it in the strongest terms, and the very moment I made the report Colonel Miles then sat down and wrote a letter to General Wool for one company of the regiment I belonged to.

Question. Where was I immediately before the order was given to retreat from the mountain ?

Answer. You were up to my tent, I think, or sitting on a bench outside of my tent. Question. Do you recollect orderlies arriving from the other side of the river?

Answer. Yes, sir.

Question. How many arrived there?

Answer. I could not clearly say. I do not know how many; they were coming quite often. I do not recollect properly.

Question. How many do you think?

Answer. I do not think I could say anything about that, because I was not there myself. I do not think I was there in the tent more than twice or three times the whole day.

Question. You were there sometimes when they brought orders to me? Answer. Yes, sir.

Question. Do you know the contents of any of them?

Answer. I do not know the contents of any of them. I recollect your coming down on horseback right to the intrenchment. I was working with the 12-pounder guns there. You called me and read me an order to vacate, and asked my opinion about it, and perhaps you recollect my reply.

Question. Were you up in the tent when any orders came ?
Answer. Yes, sir.

Question. Do you recollect the contents of any of them?
Answer. I do not think I do. No, sir; I do not.

Question. You say you made a reply to me.

What was it?

Answer. I do not recollect exactly the words. You asked me what you should do, Says you, "Captain, what shall I do? These men are running away. Here is an order from Colonel Miles," and you went on to read it. It was to vacate and spike the guns, &c. You asked what to do. I told you I was not ready yet to leave there; I was going to fight them yet a spell. I believe that was my reply.

Question. And did we fight them yet a spell!

Answer. Yes, sir.

Question. For how long?

Answer. Quite a good while. Then I got the other order, the written order, long after that.

Question. Was there anything said before that day about spiking the guns?

Answer. By you?

Question. Did you hear anything from anybody that was in command!

Answer. No, sir; all I heard about it was this: Colonel Miles came up there, I think the day before, and called me aside. Said he, "Captain, they are about here in force." Said I, "Yes, I believe they are." He said, "Damn 'em, fight 'em." I said, "I will stay here, colonel, until you say go, and I hope you will not say that." Said he, "No, sir; I will not say go;"" and then he said, "Captain, if we are compelled to leave, if they come on in force, we will have to spike these guns; damn 'em, they sha'n't have 'em." That was about what he said. He did not intimate to leave, or anything of that kind, then, unless it was a hopeless case, as I understood him.

Question. Was there anything said by Colonel Miles on the day of the evacuation? You saw Colonel Miles and me together, did you not? Answer. You were quite a ways off from us; I do not know what passed between you and him.

Question. Do you remember my questioning an orderly as to when he started with this order from Colonel Miles?

Answer. Yes, sir; I recollect that.

Question. Do you remember my putting him through a very severe examination ?

Answer. I recollect you asked him what time he left there.

Question. And if he came direct?

Auswer. I do not recollect that.

Question. Do you recollect his coming up there and my calling him to us, and putting him through a regular questioning, catechising him some time about that order?

Answer. I know you had some conversation; I do not know what it was. I simply heard you ask him what time he left. I recollect something in relation to that between you and the orderly-what time it was, or who he was; I do not know anything about it whatever.

By the COURT:

Question. You had no idea of what the substance of the order was? Answer. The colonel read it to me. He was on horseback, and I had my hand on his thigh. The document went on to order Colonel Ford to spike the guns, if it was necessary, or something like that. I did not pay particular attention to it. The colonel asked me what I thought about it; if we better not, under the circumstances, abandon the place.

Question. Did it speak of abandoning the place and spiking the guns, or only of spiking the guns?

Answer. I think it referred to both, if I recollect properly. Colonel Ford read the order to me, but the purport of it I do not exactly remember.

Question. State whether you had any understanding of what it was, and what that understanding was!

Answer. The substance of it was to vacate and spike the guns. Question. To vacate immediately and unconditionally? Answer. I did not understand the particulars. He read it to me. tain, come here." He then read the paper to me. it; I simply understood that we were to abandon

about it.

By Colonel FORD:

Said he, "Cap

I did not understand the whole of the place. He asked my opinion

Question. Do you not recollect distinctly that I was directed to take the troops off in good order, and cautioned to see that they did not stampede down the hill?

Answer. No, sir; I do not recollect that.