War of the Rebellion: Serial 027 Page 0605 Chapter XXXI. THE MARYLAND CAMPAIGN.

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By the COURT:

Question. How large a force do you think the enemy had there altogether?

Answer. At the time when I saw it (we could not judge very well, because there were woods), there was at least three brigades. They were drawn up in three lines. In the afternoon most of the time I was down by the battery.

By Colonel FORD:

Question. At what time in the day were you placed at the battery in command of the battery?

Answer. At 9 o'clock.

Question. After that time were you up on the hill at any time?

Answer. I was twice up.

Question. At what time in the day were you last up?

Answer. I think about 4 o'clock, when I concentrated my regiment, when I saw Captain Crumbecker, and he had orders to recall his men posted out.

Question. You speak of two companies being added to your Garibaldians. How many of the Garibaldi regiment had you?

Answer. Six companies.

Question. How many men?

Answer. About 280.

By Colonel D'UTASSY:

Question. Had you enough of ammunition, and who procured it for you?

Answer. After my ammunition was gone, which I brought, Colonel Ford himself ordered his adjutant to send me up, immediately, ammunition, I think from his own regiment.

Question. I mean when you first started from the camp.

Answer. I had, in aggregate, from 40 to 50 rounds to a man.

Question. What was the conduct of the officers during the fighting that occurred? I mean those now under arrest-General White, Colonel Trimble, Colonel Ford, and myself.

Answer. I had very little opportunity to see General White in Harper's Ferry, but I knew him in Winchester as a very calm, cool soldier, and he has my full confidence. Colonel Ford I saw on Maryland Heights; although sick, unwell, he was very often there by the battery, and always seemed to be the man to give orders out. I saw him present there several times with his adjutant. I have a good opinion of him. Colonel Trimble I did not know as a soldier. I have met him in private circles often. Colonel D'Utassy I have seen on many occasions, and he always behaved himself as an old soldier and a good soldier. I saw him at Harper's Ferry when my men were shelled out from the woods. He went himself and brought them back again into the woods, posted them himself, with my adjutant. In the night time, when there was any firing, he was there with the men, and was always present on every occasion. He has my full confidence also.

Question. Do you know anything about the surrender? What were the orders I gave before the surrender took place, and who resisted the surrender?

Answer. I know you told me, when I was down by you, that we would try, perhaps, to cut our way out. You said: "I will not surrender; we will fight until the last, and if everybody will surrender, I will always be against it." You told me that in presence of Captain Von Sehlen and Colonel Cameron, and another officer whose name I do not recollect. I know when I was present, and you sent Lieutenant Parker, of the One hundred and fifteenth Regiment, with a message to Colonel Miles about cutting our way through, and I know you received orders from Colonel Miles that it was not possible to do so.