Question. Were there not two batteries there?
Answer. I do not know; I know there was cannonading there, but I did not go down far enough to observe. I counted seven different positions that opened upon us.
Question. Did you notice a battery between the Charlestown road and the one you speak of on the Shepherdstown road?
Answer. Yes, sir; there was a battery there; then there was a battery on the extreme right, on the Shepherdstown road, and a battery at the opening of the Charlestown road, in the woods, opened upon us Sunday afternoon. Those guns were fired principally at the picket. On Monday the whole of them appeared to be directed upon Bolivar Heights. The principal batteries against us were the one on Loudoun plateau and the one down on our left, between the Shenandoah and the Charlestown road.
Question. Did you, at the time the consultation in relation to the surrender broke up, hear Colonel Miles ask me to go and officiate as to the terms of the surrender?
Answer. I did not hear him ask you, but he gave me to understand that you were to go. I asked him, immediately after the started away, who was going out, and he said General White. I do not know whether it was voluntary on your part or whether it was by his direction.
Question. Did you understand that the object was to negotiate terms of surrender?
Answer. Yes, sir; and from that I judged that a surrender was decided upon. Some infantry men there began to use some pretty harsh language, and Colonel Miles represented that it was simply for a cessation of hostilities until arrangements could be made.
Question. When he said "arrangements," what did you understand by that?
Answer. I understood that it was simply a cessation of hostilities until you could go out and arrange terms of surrender.
Question. Did you understand that it was a cessation of hostilities that did not imply a surrender at all? What did you understand?
Answer. I understood that the terms of surrender had not been agreed upon. The surrender, as I looked at it, was decided upon, because you were to go out, as I understood, and ask on what terms the surrender would be accepted.
By the JUDGE-ADVOCATE:
Question. But that was not the interpretation of the act that Colonel Miles conveyed to the troops?
Answer. No, sir. As I understood, the interpretation he conveyed was that no surrender had been made.
By General WHITE:
Question. Let me ask you once more, as it is an important point, did you or not understand from his remark that the cessation of hostilities was for the purpose of determining if such terms of surrender could be obtained as would be satisfactory; and, if so, that they were to be accepted? I want you to state clearly what you understood Colonel Miles to mean.
Answer. I understood that the surrender was decided upon, and that you were to go out and make arrangements for it.
By the COURT:
Question. If you could get reasonable terms?
Answer. Yes, sir. I do not know whether it was left to General White to make the arrangements or not; but I understood the terms of the surrender were to be negotiated by General White, if they could be made satisfactory.