I will examine further, and see if this is the last . The last communication from General Milroy was on the 13th June, 1863.

By the COURT:

Question. Did General Schenck, after his telegram to General Milroy, directing him to remain at Winchester until furthers orders, ever send those orders? If so, when and how were they sent, and what were they?

Answer. On the 13th of June, or some time subsequent to the 13th, the interruption of communication was discovered on his trying to send General Milroy an order to fall back immediately . General Schenck became satisfied that General Milroy was seriously threatened by a superior force, and he also received from me, by letter, I think my reasons for urging the evacuation of Winchester.

By the JUDGE-ADVOCATE:

Question. Have you submitted to the court all telegrams or copies of telegrams from and to Generals Halleck, Schenck, Milroy, and Kelley, that are in your possession, and that have any reference to that holding or evacuation of Winchester?

Answer. I now submit all that I have . But one has been lost, I think, and that is the one alluded to in General Milroy's report as lost. I do not recognize that as my telegram, as quoted by him. If my memory serves my right, I have my reasons more at length than there stated, and I could not have said, " and I considered it a positive order to fall back to Harper's Ferry, and so I ordered Milroy . " (See Appendix D.) Major J. O. CRAVENS, assistant adjutant-general, a witness called by the court, being duly sworn, answers:

By the JUDGE -ADVOCATE: Were you Major-General Milroy's adjutant-general during the recent fight at, and evacuation of, Winchester by his command?

Answer. I was.

Question. What orders or instructions, written or verbal, had General Milroy in reference to his position at Winchester?

Answer. As I remember, the only orders he had were from General Schenck. The date of those orders I cannot give. Some time in the early part of June, about the 12th, he received an order from from General Schenck to hold himself in readiness to evacuate Winchester, but to await further orders . That was received on the same day that is was dated. A copy of an order from General Halleck to General Milroy. I considered it as instructions to General Schenck, which he forwarded from General Milroy's information. there was another received from Colonel Piatt that I saw on Friday morning; it is the one quoted in General Milroy's report. There were no other orders than these that I now remember of.

Question. Had you reason the believe, or did you know, whether or not he was expected to hold Winchester as long as he could, or whether was expected to fall back to Harper's ferry on the approach of the enemy in force?

Answer. I believe that he was expected to hold Winchester until further orders.

Question. What orders were issued in reference to the order of retreat, and how were they distributed to the command?

Answer. I think it was some time between 12 and 1 o'clock at night, of June 14, that the council of war concluded to evacuate Winchester, and fall back to Harper's Ferry. General Milroy then directed me to issue orders to have the command fill their haversacks with subsistence, replenish their ammunition, and be readiness to evacuate at 2 a. m. on the 15th. As a part of that order, he instructed me to 9 R R -VOL XXVII, PT II