Answer. Witness read as follows:
HEADQUARTERS THIRD BRIGADE,
Maryland Heights, Md., September 13, 1862
You are hereby ordered to fall back to Harper's Ferry in good order. Be careful to do so in good order.
By order of Thos. H. Ford, colonel, commanding Third Brigade.
I received another copy of the order the same as this.
Question. By whom is that order signed?
Answer. It is only as I have read it. It was brought by my adjutant, and he received it direct, and I considered, of course, that it needed no further evidence one way or the other. They are both the same order. I received the last one about fifteen minutes after receiving the first one.
Question. Did you receive them both by your adjutant?
Answer. No, sir; one was brought by an orderly; but my name was not there; it was not addressed to any one, and I have always been very careful about obeying orders. About fifteen minutes afterward, my adjutant brought the second order, which he said he received himself. He said, "Your name is not here, colonel; it is left blank; but I received the order direct myself." I had sent my adjutant to report to Colonel Ford that I must have re-enforcements in order to hold my position.
Question. Who was present at the time that Major Hewitt told you that he had given the order to retreat?
Answer. Major Grafflin, of my regiment, and my adjutant, both of them. I called them up as witnesses, to witness that he admitted that he gave the order. There was also a lieutenant of some other regiment; I did not know his name. I was determined to find out who did give the order, after seeing Colonel Ford and Colonel Miles.
Question. Do you know anything of any orders given by Colonel Miles to evacuate the heights?
Answer. No, sir; I know of no order that he gave. After the evacuation had taken place, I went to his headquarters for the purpose of seeing, but he was absent. On going down to the battery, I met Colonel Ford's adjutant, and asked him who gave the order, and he said Colonel Miles gave the order; that it was by his orders.
Question. Did you see Lieutenant Binney or any of Colonel Miles' staff at his quarters?
Answer. Yes, sir; I saw Lieutenant Reynolds, and asked him who gave that order. He said to me, "I don't think that Colonel Miles gave the order." He then went on to remark that Colonel Miles very often wrote orders himself that were not put on record. I told him I was fully aware of that fact. Said he, "I did notice the colonel have a white envelope in his hand a short time before the evacuation took place; and now," said he, "I expect that was the order." That is what Lieutenant Reynolds, Colonel Miles' assistant adjutant-general, told me. I looked at it in this way; I knew I had received an order from one of Colonel Miles' aides to fall back through Solomon's Gap. Afterward I received an order directing med to report to General White, and fall back with him, and the aide was not aware that any such order had been issued; but it was in Colonel Miles' own hand. Indeed, I received a great many orders from Colonel Miles written by himself and signed by himself.
Question. At the time you saw Colonel Miles and Colonel Ford together, when you went down to find out about the order to retreat, was anything said by Colonel Miles, or Colonel Ford in his presence, about the condition of things over there?
Answer. No, sir; I do not know that Colonel Miles said anything. He was standing there by Colonel Ford, and had a galls looking in the woods. I reported to him the condition of things, and about the confusion on the heights. The order that I received, and reiterated by Colonel Ford or by Colonel Miles, was to retake that position, if possible;; and I immediately left and went back to my regiment.
Question. What time in the day was this?
Answer. I think it was about 11 o'clock.
Question. The abandonment of the breastworks and the breaking of the troops had occurred before that?