War of the Rebellion: Serial 027 Page 0554 OPERATIONS IN N. VA.,W. VA.,MD.,AND PA. Chapter XXXI.

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tion; but I have heard since the surrender, in common conversation, that there had been such a consultation by the brigade commanders.

Third officer, Colonel Sammon, One hundred and fifteenth New York

Volunteers:

Question. Did you advise, &c.?

Answer. I was not consulted nor advised, nor did I consent to a surrender until ordered to do so. I know nothing personally of any consultation having been had; but I have heard the brigade commanders had such a consultation.

Fourth officer, Colonel W. P. Maulsby, First Maryland Regiment Potomac Home Brigade:

Question. Same.

Answer. The national flag was lowered without any premonition to, or consultation with, myself, or any officer of my command. I know of no consultation in reference to the surrender having been held. I neither advised nor consented to surrender the place to the enemy.

Fifth officer, Colonel Jesse Segoine, One hundred and eleventh New York Volunteers:

Question. Same.

Answer. I never was consulted in any way, shape, or form; never advised a surrender to any one. I was told by Colonel D'Utassy that a council had been held, and that the determination was to surrender. This was about 8 o'clock in the morning.

Sixth officer, Colonel George J. Stannard, Ninth Vermont:

Question. Same.

Answer. I was not consulted and I did not advise a surrender. I am not aware of any consultation between any parties in reference to the surrender.

Seventh officer. Major Hugo Hildebrandt, commanding Thirty-ninth New York Volunteers:

Question. Same.

Answer. No, sir; I was not consulted, nor did I give any advise to any one to surrender. I do not know, of my knowledge, of any consultation in regard to the surrender.

Eighth officer, Major William H. Baird, One hundred and twenty-sixth New York Volunteers:

Question. Same.

Answer. I was not consulted in any way. I did not advise a surrender to any one. From my own knowledge, I do not know whether there was any consultation.

Ninth officer, Major S. M. Hewitt, Thirty-second Ohio Volunteers:

Question. Same.

Answer. I did not, sir. I was not consulted in reference to the surrender. I do not know, of my own knowledge, that there was a consultation. I have heard it rumored that Colonels Miles, Trimble, D'Utassy, and General White had consulted together. Colonel Ford was not with the regiment on Sunday; he was sick and not on duty at the time of the surrender, which was on Monday morning.

Tenth officer, Lieutenant Colonel S. W. Downey, Third [Maryland] Regiment Potomac Home Brigade Volunteers:

Question. Same.

Answer. I did not, sir. I was not consulted at all. I do not know that there was a consultation among any of the officers; I have since heard that such a consultation has been.

In presence of-

W. A. NICHOLS,

Assistant Adjutant-General.