land Heights." He named over some three or four names. At last I said, "You mean Colonel Ford." "Yes, sir, " said he; and from that conversation I came to the conclusion that Colonel Miles was not in a condition to command. That is my candid opinion.

Question. From what you know of Colonel Miles as a military man, do you think he was morally, mentally, and physically competent to command an army such as that at Harper's Ferry?

Answer. I think he was not competent to command it.

Question. During the time you were on the mountain engaged in the contest, was the enemy advancing and you retreating, and was that the reason, in your opinion, why you cannot tell the number of their killed and wounded?

Answer. That is the reason; that the enemy possessed the battle-ground.

By General WHITE:

Question. Had you any information, by your observation or otherwise, of the force of the enemy investing Harper's Ferry? If so, state what that force was.

Answer. The information which I received as to the force of the enemy, was from Captain McDonald, of the Confederate Army. He told me that the force attacking Harper's Ferry was between 50,000 and 60,000 men. The day before the surrender, my regiment was placed on the extreme left of the line, between Bolivar Heights and Halltown. I saw, myself, at least two brigades of the enemy advancing against my regiment.

Question. At the time of the surrender of Harper's Ferry, on the 15th of September, what is your opinion as to the utility of further resistance?

Answer. My opinion is that it would have been impossible to have held out, in the condition of things.

Question. Had you opportunity during the siege to observe the officers who are under arrest in connection with this investigation, to wit: General White, Colonel D'Utassy, Colonel Trimble, and Colonel Ford? If so, state what their conduct was.

Answer. I saw General White, and Colonel Trimble, of the Sixtieth Ohio, I think, during the siege; and I certainly saw no lack of courage in either. They were both where the shells and balls were flying thick and fast.

Question. State who commanded on the left the evening before the surrender, in the engagement you were in.

Answer. I hardly know who had command. I will say this, that my orderly returned and stated that he had reported to you, and you would send me re-enforcements. I had sent some eight or ten before, to hunt up Colonel Miles.

By the JUDGE-ADVOCATE:

Question. You state that, in your judgment, Colonel Miles was not competent to command. Will you state upon what you base your opinion; whether it was from conversations with him or his conduct and bearing generally during the siege?

Answer. It was from close observation of Colonel Miles during the siege of Harper's Ferry, and also previous to that. I wrote Colonel Miles a letter after returning from Boonsborough, on or about the 10th of September, and stated that I had been in Boonsborough, and that Jackson's advance was there; that I had information from a citizen whom I knew to be loyal that they had a strong force, 70,000 men, and that they intended to attack Harper's Ferry. I also sent a copy of that letter to General White. Colonel Miles, in answer to that letter, after I had given him all this information said that he did no think the enemy intended to attack Harper's Ferry. I have his letter to that effect. General White thanked me for the information and made use of it. Besides, in his manner he seemed confused.