Question. After Colonel McReynolds and his command reached Winchester, were they in a condition to march immediately to Harper; s ferry or Martinsburg without previous refreshment and rest; and, if so how long would it have taken them to be sufficiently rested and replenished to make the march in question?

Answer. I am not able to answer, that, as I'm not familiar with their retreat from Berryville.

Question. What was the condition of your own command on Monday morning; was if fresh and active, or was it fatigued?

Answer. It was very much used up. I had been in the field three days, scouting and fighting, and the men had very little rest during that time.

Question. Could the artillery have been removed in defat from Winchester after Saturday, the 13th, at noon?

Answer. I have stated that it might up to Saturday, at 3 o'clock.

Question. Could the command of General Milroy have retreated from Winchester after Sunday, the 14th, at daylight in the morning without encountering a large force of the enemy?

Answer. No, sir. I presume we would have met a force equal or superior to our own.

Question. Did the skirmishing at and about Winchester on Sunday aid you in the subsequent retreat? If so, how?

Answer. I presume it did, by the detaining the enemy, and requiring him to maneuver around, as he would not otherwise have done.

Question. Was or not the attack of the enemy on your regiment so overwhelming as to make it necessary for it to divide and to retreat by different roads?

Answer, Yes, sir. If i had a horse, I could have rallied more of my men. Having been discounted, I was unable to do so.

Question. Did the troops under the command of Colonel McReynolds appear on the field of battle at any time on Monday morning

Answer. I did not see any of them . I had not much opportunity of seeing anything any distance away from the regiment.

Question. Would it not have been safe, in your opinion, for Colonel McReynolds' command to retreat directly to Harper's Ferry from Berryville the morning of the 13th June last?

Answer. I am unable to answer that, as I am not familiar with the force that attacked him, and with other troops that passed between him and Harper's Ferry.

Question. In the event of the repeat of general Milroy's command, would the occupation of Berryville by McReynolds ' command have assisted that retreat?

Answer, I think it would. Lieut M. Poore, Fifth Virginia Infantry, a witness called by the court, being duly sworn, answers:

By the Judge-Advocate:

Question. What was your position on General Liroy's staff during the recent battle at, and evacuation of, Winchester?

Answer. I was acting as ordnance officer to his division.