By the COURT:
Question. Were you well acquainted with the country in the vicinity of Harper's Ferry?
Answer. Somewhat acquainted.
Question. What route did you propose to take?
Answer. I thought there were two routes; that we could cross the Shenandoah, take along the base of Loudoun Heights, and strike for Frederick, or break through above and make for McClellan's army.
Question. In the way of Shepherdstown, or in that direction?
Answer. In that direction. I do not know as we should have tried the Shepherdstown road. We hard the firing of McClellan's army Sunday afternoon very distinctly, and we were satisfied the army was not a very great way from us.
Question. Had you ever been over those roads which you proposed to take?
Answer. I had not, but I had some conversation with those who had. In the course of Sunday, when the matter first suggested itself to my mind, we had two men there who were thoroughly acquainted with the country in every direction. I had traveled with them before, and I had perfect confidence in them.
Question. What were the names of those men?
Answer. Noakes was one, and Captain McGuire, or some such name as that, the other.
Question. Did Mr. Noakes represent that the route proposed was practicable for artillery and infantry?
Answer. Not the route taken by the cavalry, but there were other routes that I was led to suppose were practicable. My conversation was chiefly with the captain. He said that he would make his escape, at all events, and thought we might all succeed in making our escape.
Question. Were you with Colonel Miles' brigade in the three month's service at Williamsport?
Answer. I was stationed at Martinsburg.
Question. Had you not previously been with him at Williamsport?
Answer. I retreated from the vicinity of Williamsport when I came to the Ferry. I had been sent out, by General White, to reconnoiter and see if Jackson was approaching, and, pushing on, I met the force of the enemy and fell back on the Ferry. I deem it proper to say, in reference to General White, that on Saturday morning he mentioned to me that he thought it would be his duty, under the circumstances, to waive the right to command. He stated to me his reasons, and asked me what I thought. I said that Colonel Miles being an officer of forty years' standing and possessing the confidence of General Wool so highly, as I had every reason to believe he did possess it, I thought he was justified in acting as he did; and, having remarked to the court the way in which the announcement of the surrender was received, I deem it but justice to Colonel D'Utassy to say that during the time I was in his brigade he acted uniformly the part of a brave, energetic, and good officer. I saw nothing like cowardice, or anything approximating to it, in anything he did. I believe he would have been pleased to have gone out with us.
Question. Do you know that any of the enemy were killed or wounded during the siege of Harper's Ferry?
Answer. On Sunday morning I saw Colonel D'Utassy and proposed to him to give me permission to go to Maryland Heights and bring away the guns that had been abandoned there the day before. Colonel D'Utassy said he was willing if Colonel Miles would give his consent. I asked him to obtain the permission, as I would be pleased to go. Subsequently he gave me permission to detail two companies of my regiment, the Sixty-fifth Illinois, to act with two companies of his own regiment, all to be under the command of Major Wood, of my regiment. The force went over to Maryland Heights, had an exchange of shots with the pickets of the enemy, and I was informed by Lieutenant Floyd that 2 of the enemy were shot dead. They got the guns and brought them into Harper's Ferry. Captain Kennedy, of Company E,