Question. Do you recollect Colonel Miles' reply at one time to that?
Answer. In writing or verbally?
Question. Well, verbally; something that he said about it to a man I sent down.
Answer. I heard him make the remark, I do not recollect to whom it was, or when it was, or whom before; I cannot recollect at this moment. The remark was made in headquarters that Colonel Ford would have all his artillery up there if he would allow it to go.
Question. Did he say, in connection with that, and all his men, too?
Answer. I do not think he did.
By General WHITE:
Question. Do you know of my declining to assume the command of the forces when I arrived there, and offering to aid Colonel Miles in the defense of the place?
Answer. I do.
Question. State to the court, if you please, if you have any means of knowing whether, in your judgment, I was indolent or diligent in keeping my promise to Colonel Miles.
Answer. So far as I could see, you did all you could.
Question. Had you any means of judging?
Answer. Nor more than what I could see with my own eyes. I saw that you were busy all the while on the field.
Question. Did you have an opinion in regard to the utility of any further fighting at the time of the surrender? If you had, what was that opinion?
Answer. From the knowledge of the facts, knowing that we were surrounded by the enemy in superior numbers, knowing as I did that the long-range ammunition was nearly, if not totally, expended, I thought it would just be sacrificing life to continue the contest longer than we did on Mondy morning.
Question. Do you know that it was reported to Colonel Miles that class of ammunition was expended?
Answer. Yes, sir; at least he sent Mr. Binney out for that purpose, and Mr. Binney came in and made the report.
Question. Have you any means of knowing the number or amount of the enemy's forces there?
Answer. I have a little memorandum here, a part of a report given by a deserter-not a deserter either. He was attempting to desert and was captured by our forces and brought in. It is as follows:
Prisoner taken to-night belonging to the Sixteenth North Carolina Regiment; taken on the left, toward Shenandoah River; reports three divisions of rebels attacking us, all under General Jackson. Prisoner in Pender's brigade, with General A. P. Hill's division. Jackson himself in our front; don't know who are on Loudoun Heights; thinks A. P. Hill's and Longstreet's divisions.
Question. Did you understand that to be the force attacking us in front?
Answer. Yes, sir.
Question. Without reference to the Maryland side or Loudoun Heights?
Answer. Yes, sir.
Question. Did you hear from any other source anything about the amount of their force on the other side?
Answer. I heard various rumors.