Question. Have you any doubt of their ability to hold the heights had they occupied them in force?
Answer. Yes, sir; if the report of the force of the enemy coming against us was true.
Question. You think that with the entire force at Harper's Ferry the heights could not have been held against the enemy's forces?
Answer. No, sir; I think after Maryland Heights had been abandoned --
Question. I speak of prior to that.
Answer. I think we could have held Maryland Heights.
Question. And could have occupied them?
Answer. Yes, sir; I regarded the battery, however, in the wrong place, and that it might be attacked in rear in force, and captured.
By General WHITE:
Question. Was it your opinion that, after the evacuation of Maryland Heights, and the destruction of the heavy guns there, it would have been practicable to have been that force across the river and reoccupied those heights in the face of the enemy then on the mountain, and with the enemy to attack us int he rear as we undertook to cross the river?
Answer. No, sir; I do not think it would have been a practicable think at all, because it was alleged to us that there was a tremendous force there. It was stated to me by rebel officers that it amounted to 30,000 men, and we learned that there was a heavier force in our rear than there was in our front.
Question. Had you any opportunity to observe the conduct of the officers who are under arrest here in connection with this investigation?
Answer. Yes, sir; all except Colonel Ford; him I did not know. As I said before, I confined myself chiefly to my own regiment. I had some observation both of my own commander, Colonel D'Utassy, and also of General White, having seen him about. The other colonels were commanding brigades that I had very little knowledge of.
Question. Will you state the general result of your observations?
Answer. I believe that the conduct of those gentlemen whom I knew and was conversant with in no essential lacked bravery. I saw nothing to indicate to me anything but bravery among the officers as they came under my observation, and my immediate commander, Colonel D'Utassy, by his constant intercourse with men and officers, inspired them with confidence also; that and his general language to us, "Victory or death." And I supposed on the Monday morning that we were surrendered, while in line of battle at the foot of Bolivar Heights, a little in advance of the batteries-I supposed we were to have a tremendous fight there; I supposed that as a matter of course. But I knew-I was satisfied in my own mind-that we must ultimately surrender; but that we were going to make a stand there.
By Colonel D'UTASSY:
Question. Did you have a skirmish with the cavalry of the enemy, and how much was your loss during that whole time, and what did you hear was the loss of the enemy?
Answer. On Sunday night-the time I cannot tell, but I think it was about 9 o'clock in the evening; it was intensely dark-an order came to me from Colonel D'Utassy to make a left flank movement with my regiment and occupy a part of the position that an Ohio regiment on my left had occupied, they having been charged from that position to the left of the First Brigade, to which I belonged. I had made the that movement, and had thrown out the right and left flank companies as flankers, to connect with the left of the First Brigade and the right of the Second Brigade. The adjutant and the major were rectifying the alignment. I was dismounted myself at the time, as was also the adjutant, for there was so many loose stones there that it was almost impossible for a horse to keep hi foot-hold, and it was extremely dark. I directed the adjutant and the major to rectify the alignment after the movement was