Question. Did you ever see any enemy within that open space?

Answer. No, sir. Outside of it.

Question. How far outside?

Answer. I think one was up against a tree, on the margin of the open space; a man who waived a white handkerchief. Some of my company saw him before I did.

Question. That was after the infantry had retreated?

Answer. When they were coming down the hill; I could not say whether they were a half or two-thirds of the way down at the time. The man, if I recollect properly, had his arm around a tree and held out a white handkerchief. I knew we had not friends there, and so I blazed away.

By Colonel FORD:

Question. When you say if there had been any officer on the heights to control the men they would have stood, did you allude to me or to the officers in immediate command of the troops on the heights?

Answer. I had not the slightest idea of referring to you in that remark, for you were not there; you had no command up there.

Question. But you know that at these different points different officers had commands at these points and gaps and passes there?

Answer. No, sir; I do not know about that.

Question. Do you know that Captain Palmer had command at the point over there [pointing to the map]?

Answer. I do not really know; I heard that some of them had commands.

By the COURT:

Question. You speak of an officer of the One hundred and twenty-sixth that you knew as one of the men retreating?

Answer. I do not mean to say that of my own personal knowledge. I saw him go up on the mountain with this regiment, and what I heard since led me to suppose that he did act like he ought to.

Question. What was his name?

Answer. Major Baird.

Question. What time of the day of the evacuation of the heights did you see Colonel Miles about your battery?

Answer. It was early in the morning; I could not exactly say what time.

Question. Was it 6 o'clock, or 9 o'clock, or 12 o'clock?

Answer. It would be all guess-work with me. I rather think it would be about 8 or 9 o'clock; I could not be positive.

Question. That was the time you saw him that day?

Answer. Yes, sir.

Question. What time was it that Colonel Ford came to you with this order?

Answer. I think in the neighborhood of 12 o'clock.

Question. How long would it take Colonel Miles to go down from your battery to the Ferry?

Answer. Down to his quarters, three-quarters of an hour or an hour, I should judge.

Question. You did not see this order yourself?

Answer. Colonel Ford had it in his hand.