War of the Rebellion: Serial 027 Page 0587 Chapter XXXI. THE MARYLAND CAMPAIGN.

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Question. Were you present there?

Answer. Your disposition of troops, I think, was made after our visit. I know there was a heavy attack made there, and it was repulsed later in the evening than when we were there.

By the COURT:

Question. How long after General White went out with the flag to arrange terms was Colonel Miles struck?

Answer. Not over twenty minutes.

Question. Before General White returned?

Answer. We left General White on the crest of the hill. General White started about the same time we did. The officers dispersed after the consultation broke up. Colonel Miles started down to where we had left our horses. I told him that the orderlies had taken them away, but the thought I must be mistaken. We could not find the horses, and moved down the crest of the hill, and it was about twenty minutes after we left, fifteen or twenty, that a shell struck the ground behind him and exploded.

Question. Do you know whether the terms arranged by General White were submitted to Colonel Miles?

Answer. I think not; I think Colonel Miles did not see General White again until the next day. The report around the Ferry was that the terms were unconditional, until I asked General White afterward. I afterward understood that the terms were that the officers and men should be immediately paroled.

Question. No matter about that.

Answer. I do not know anything more than hearsay about the conditions of the surrender. The moment that Colonel Miles was struck, I met an orderly on horseback and sent him after General White. He wanted to know where he could find him. I told him I did not know, but thought he could find him upon the Charlestown road, and to report to General White that Colonel Miles was wounded. I do not know whether he ever reached him or not; I think not.

By General WHITE:

Question. Do you mean to say that it was not agreed at the consultation, prior to my being sent out to negotiate the terms of the surrender-do you mean to say that a surrender was not agreed on?

Answer. I do not know what was agreed upon anything more than that the moment they dispersed Colonel Miles raised a white handkerchief. The actual result of the consultation I do not know.

Question. You stated that Colonel Miles made the remark that sending out the flag was simply for a suspension of hostilities?

Answer. I understood Colonel Miles to say to some infantry as we were going down that they were simply asking for a cessation of hostilities.

Question. What time was that?

Answer. Soon after the consultation broke up. I do not know how long they had been in consultation when I got back.

Question. When you went down the lines with Colonel Miles, did you or he, or both of you, and others display the white flag all the way to the left?

Answer. Yes, sir; by Colonel Miles' order. Colonel Miles was the first to display the white handkerchief, and he ordered me to do the same, and he ordered me as I went down to tell others to do the same. Cannonading had ceased for some few moments, but opened again afterward.

Question. Do you know who were with me when I left the heights?

Answer. I do not.

Question. And you do not know which way I went?