had been sent to re-enforce you, and you held the position until ordered to fall back, and that you had 2 men killed and several wounded?
Answer. Yes, sir; they were shot just as they stood.
Question. How long could you have held that position as matters were going on at this time?
Answer. I could have held it to all eternity, I suppose, if I had lived long enough, as it was going on at the time; but Captain Pratt in the advance, reported that the enemy was massing his troops for an attack. I sent that information to Colonel Ford, because I wanted to be prepared for them. They could easily flank us.
Question. How far was this position you speak of from Colonel Ford's headquarters?
Answer. About a quarter of a mile, by the road.
Question. Did Colonel Ford come up there himself to see the state of things?
Answer. No, sir; not where my regiment was posted.
By Colonel FORD:
Question. Were you placed under arrest on the morning of the 13th of September by Colonel Miles?
Answer. I was not.
Question. What was the number of men taken up by you on the mountain under your command?
Answer. Of my own regiment, not over 400 men.
Question. Did you see the condition of the troops about the headquarters at the time you were down there-those retreating?
Answer. I did.
Question. What was their condition when retreating down the path down the mountain?
Answer. They were in the greatest confusion. There were men of all regiments moving about without any officers, and officers without any men.
Question. Did you see any force up the valley near where Colonel Sammon was stationed, approaching in that direction?
Answer. I do not know where he was stationed.
Question. How far from the battery were the enemy when you saw them?
Answer. I saw some men within half a mile of the battery; I do not know how many-a few.
Question. How long have you been under the command of Colonel Miles?
Answer. About one month and a half.
Question. Was he not in the habit of giving conflicting orders? and, if so, state instances, if you recollect any.
Answer. He certainly countermanded his orders, sometimes very quickly, and, in my judgment, his orders were conflicting.
Question. Did orders sometimes come to you signed by himself,and then again others signed by his adjutant-general?
Answer. I have orders signed by Colonel Miles alone, and also by his adjutant-general and Lieutenant Binney and Lieutenant Willmon. As an example of conflicting orders, on the morning that I marched with my regiment on Maryland Heights Colonel Miles' verbal orders were, "I desire you to report to Colonel Hall, on Mary-