By the COURT:
Question. Did you notice any instances of misconduct on the part of any troops there?
Answer. No, sir; none at all.
Question. No straggling on the part of the One hundred and twenty-sixth Regiment?
Answer. None whatever; in fact, I did not see the One hundred and twenty-sixth Regiment while they were on the heights.
By the JUDGE-ADVOCATE:
Question. Have you any judgment at all as to the necessity that existed for evacuating those heights at that time?
Answer. Very little. I should suppose it would depend upon the number of the forces on the heights at the time.
Question. You were subsequently on the Harper's Ferry side of the river?
Answer. Yes, sir.
Question. Have you any knowledge of prisoners being paroled during the siege, or immediately preceding it, and passing out through our lines?
Answer. None whatever.
Question. Have you any judgment as to the necessity of the surrender of Harper's Ferry when it occurred?
Answer. No, sir; I cannot say that I have. Yes, I have a judgment of my own.
Question. That is exactly what we meant.
Answer. I do not regard myself as competent to give an opinion on military matters; but at the time, in my opinion, it was unnecessary, and I so expressed myself.
By the COURT:
Question. Do you mean that it was unnecessary to surrender Harper's Ferry after the Maryland Heights had been given up?
Answer. O, no, sir. I think it was necessary then. I was speaking in reference to the abandonment of Maryland Heights. After that, I think it was very proper to surrender.
Question. Then the abandonment of Maryland Heights you think was uncalled for at the time?
Answer. I believed so at the time, because I saw no forces there, and I had no evidence that there was a large number of the enemy's troops on the hill.
Question. Have you any knowledge of anything connected with the official conduct of Colonel Miles, or of the four officers under arrest, General White, Colonel Ford, Colonel D'Utassy, and Colonel Trimble; do you know anything connected with their conduct on the occasion that struck you as in any respect deficient in military conduct in their duties in regard to the defense of that place?
Answer. Do you mean on the day of the surrender, or during either of the engage means there?
Question. During the siege, from the time the place was invested by the enemy, or a few days previous.
Answer. All I can say in relation to that is, that I supposed that Colonel Miles, on a requisition that I made to him for arms, the day before, I think, or two days before the surrender, should have seen that we had arms. I presented a requisition to him and told him that the nipples of many of the guns were broken. He refused to sign