Question. Do you remember who dislocated the two guns on Loudoun Heights which were planted there the first time?
Answer. Captain Von Sehlen.
Question. Under whose command was that battery of Captain Von Sehlen?
Answer. In yours, in the center of your brigade.
Question. Do you know about how many wounded and killed we had in my brigade?
Answer. No, sir; I cannot say exactly.
Answer. My impression is,not more than 20.
Question. How many wounded?
Answer. I could not tell; I could not discriminate; when I say 20, I mean wounded and killed. I suppose that would cover the whole loss in your brigade; that is my impression.
Question. When General Branch offered to parole my command what conditions did he make, and what was my reply?
Answer. As we walked toward the head of your regiment, General Branch, yourself, Mr. Kent, Mr. Parker, and myself, General Branch said, "Colonel D'Utassy, I presume you place the same construction upon this parole that I do?" You said, "What is that?" He said, "I think that you are not to go into a camp of instruction; that you are not to drill." Said you, "No, sir; I understand nothing of the kind, and I will put an example. Suppose we are to be sent against the Indians int he Northwest." You turned to Colonel Segoine, of the One hundred and eleventh, and he put the same case that you did, and used the same remarks that you did, and you declined being paroled on that understanding or construction of the articles of capitulation. He then agreed to refer the matter to General A. P. Hill, and see if he put the same construction upon the articles of capitulation that he did. This was about dusk, and I was to call at 9 o'clock that night and receive his answer. I did so, and General Branch told me that General Hill entertained the same view of the subject that he did, and he must decline to parole you, except upon those conditions. I reported that to you, and you declined peremptorily receiving or entertaining any such proposition, and I believe ordered the troops to fall in the next morning at an early hour. General Branch said he would be there at 8 o'clock.
Question. Did I save the flags of the different regiments?
Answer. Yes, sir; and I believe they are all here now in you possession. Your ordered the flags of the First Brigade to be all brought to your quarters immediately after the surrender. We spent some time taking them front he staffs, and they were put in your trunk, I believe.
Question. Do you know I opposed a surrender as long as I had a chance of fighting our way through?
Answer. I understood you did. I was not present at the council of war, but I always understood that you agreed to the surrender only upon the understanding that the ammunition was entirely out. Everybody in your brigade supposed that was the way you acted.
Question. Did you not make a statement to General Tyler, and what became of that statement?
Answer. I wrote a statement of that interview between General Branch and yourself, at General Tyler's suggestion, at Annapolis. He indorsed, it and my impression is that he forwarded it to the Adjutant-General. Relative to that General Orders, Numbers 15, that you speak of, I have forgotten its number and purport, except I know it was intended to encourage the men and officers.
By General WHITE:
Question. You say you brought away a wagon-load of ammunition from Maryland Heights, and could have brought much more?
Answer. Yes, sir.