Question. Did you ever see anything in his conduct that would lead you to question his loyalty?
Answer. I never have at any time. I have a small memorandum here which I thought it would be proper to exhibit to the Commission. It was handed to me by an officer on duty as a picket. It is in the handwriting of the late Colonel Miles:
HARPER'S FERRY, September 12, 1862
The captain of the outer picket on the Shenandoah road will pass beyond his line 16 paroled Confederate prisoners, who are required to keep the road to Charleston, and on to Winchester, where they will be enabled to join the Confederate Army.
D. S. MILES,
Colonel Second Infantry, Commanding.
More prisoners, I am informed by the officer, left Harper's Ferry on the 13th, on Saturday, during the engagement on Maryland Heights. They went right to the headquarters of the enemy, doubtless, charged with all the information that anybody could have.
Question. Where had these prisoners been taken?
Answer. I did not learn the particulars.
Question. How came you in possession of that paper?
Answer. It was handed me by an officer of the One hundred and eleventh or One hundred and twenty-sixth. It was a paper taken up from the prisoners who passed out on that day. It was shown me, and I thought it was a paper of some importance.
Question. It was a pass?
Answer. It was the pass upon which they passed the lines.
Question. Do you know it to be in Colonel Miles' handwriting?
Answer. Yes, sir; I know it to be in his handwriting.
By the JUDGE-ADVOCATE:
Question. You say the troops questioned his loyalty. Do I understand you to embrace in that remark the officers generally?
Answer. I could only speak for my own regiment. The abandonment of Maryland Heights caused a very great sensation in my regiment among officers and men.
Question. This paper did not come into your hands until after the surrender?
Answer. No, sir.
Question. There were no transactions like that, known to the troops, that were the subject of conversation?
Answer. Not at all. It was shown to me by the officer as a sort of reminiscence, and I thought it was of sufficient importance to submit here.
Question. Did you know any of those prisoners personally, who they were, and their relations to the Confederates?
Answer. I did not.
Question. Do you know whether there were officers among them?
Answer. I do not.
Question. What was the character of the force at Winchester? They were directed to go to Winchester; "to keep the road to Charlestown and on to Winchester, where they will be enabled to rejoin the Confederate Army."
Answer. I do not know.
Question. At that time the siege of Harper's Ferry was being pressed?
Answer. The siege was being pressed and the engagement was going on on Maryland Heights.