and immediately preceding the evacuation of Maryland Heights, and what command you held there in the service?
Answer. I am commanding the One hundred and twenty-fifth Regiment New York Volunteers. My regiment arrived at Harper's Ferry from Martinsburg on Friday, I think, the 12th of September, under command of General White. We went into camp on the plateau west from what is called Camp Hill. I supposes it is about three-quarters of a mile from Camp Hill. The next morning I went into Harper's Ferry to see General White and also Colonel Miles, who was the commanding officer. I saw them both there, and returned to my regiment. On the afternoon of that day I was ordered on picket with my whole regiment, and remained on picket until the next morning, when I was relieved by Colonel Downey, of the Third Maryland Regiment. I returned to camp again, and, while preparing some rations for my men, the battery on Loudoun Heights opened on us, and all the troops on the plateau left in considerable disorder, my own regiment among the number. I did not rally it until we reached a ravine running southwest from the battery on Bolivar Heights. We remained there until late in the afternoon, when the enemy made an attack on the Third Maryland Regiment, I believe. My regiment was then ordered across to the other side of the ravine; and still later in the evening, by direction of General White, two of the companies were ordered to support two guns which he had ordered down to the front. By direction, also, of General White, the other eight companies, under my immediate command, were ordered to take a new position. I do not know how I can explain it exactly. [A map of Harper's Ferry and vicinity was here shown to witness.*] We were ordered to take a new position here [indicating on the map] on a cross-road, extending from Bolivar Heights to the Shenandoah, as I supposed, to the railroad. It was, as I understand, the extreme left of our position.
By Brigadier-General WHITE:
Question. Do you recollect my directing you to connect with the regiment upon the road (Colonel Banning's)?
Answer. Yes, sir; the four left companies were directed to extend as far as possible, so as to reach the railroad, if it was possible to do so. One of the companies which were detached subsequently joined me, about 9.30 o'clock at night. My regiment remained in that position until the surrender.
By the JUDGE-ADVOCATE:
Question. Do you know nothing of the circumstances attending the evacuation of Maryland Heights?
Answer. Nothing except from hearsay.
By the COURT:
Question. Will you state your loss in killed and wounded?
Answer. As near as I can arrive at it, my loss was 2 killed and 2 wounded. That was subsequent to the surrender.
Question. After the surrender of Harper's Ferry?
Answer. Yes, sir.
By the JUDGE-ADVOCATE:
Question. Was your ammunition exhausted at all?
Answer. I had not had any occasion to use my ammunition.
Question. You had a battery there?
Answer. No, sir; I had not. There were two guns, by order of General White, detached to the right and rear of my right wing. I was not aware that those guns were immediately under my command. The commanding officer did not report to me, not do I known the amount of ammunition he had or expended.
Question. Will you state your judgment as to the necessity that existed for the surrender of Harper's Ferry at the time it was made?
Answer. Any opinion I may have formed is based upon slight foundations. I was there but a short time, and during nearly the whole of that time I was with my regiment, either on picket or in my position awaiting an attack. On the night previous