War of the Rebellion: Serial 027 Page 0685 Chapter XXXI. MARYLAND CAMPAIGN.

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Question. Had you any of your guns or your limbers destroyed?

Answer. The axle of one of the guns was broken, and we had to take an axle out of a battery wagon; and the timbers of the guns were all broken by the recoil, so that there were two of guns absolutely unfit for service at the time they were given up.

Question. Do you regard your guns as having been substantially unfit for service on that account?

Answer. Yes, sir; I had the artificers in the act of making new axles for one of them. The forage wagon also broke down.

Question. Did you have any talk with any of the officers of your brigade on Sunday evening with regard to the expediency of attempting an escape?

Answer. Yes, sir; I spoke with Colonel D'Utassy, who was commanding the brigade.

Question. Did you make application to Colonel Miles or myself in relation to that matter?

Answer. I spoke to Colonel D'Utassy. He stated that it would be impossible to undertake anything of that kind without orders from his superior officer. I think what he said was go down, as he was busy, and see Colonel Miles. I went down, but I could not see Colonel Miles. The cavalry was then drawn up, and there was a great deal of confusion. I told Colonel Davis if he would wait until such time as I could get back from Colonel D'Utassy, there might be some arrangements to go with them. I did not see the colonel.

Question. Did you see me?

Answer. I did not.

Question. Have you any opinion about the feasibility of the infantry and artillery escaping from there at that time?

Answer. Well, sir, the appearance of things at the time seemed to me rather blue there. I was under the impression that we would be captured, and I thought it was the only chance, that we might make a desperate attempt to get out. I supposed we would have to fight our way out. I afterward understood from Lieutenant-Colonel Davis that we would have had to cut our way out through a division of the enemy in order to get to General McClellan's army.

Question. At the time of the surrender what is your judgment as to its property?

Answer. I had no ammunition. I could not do anything more myself. My guns were rendered useless, and, as far as I was concerned, I supposed it was necessary.

Question. Have you an opinion as to whether, with the character of force we had there and the fact that the ammunition for the artillery was expended, a successful resistance could have been made for any length of time?

Answer. From what I had seen, from what information I could gather from some of the rebel officers that I was speaking to there, I considered that any longer defense, as I understood they were about to make an attack, would have been with a great sacrifice of life as the consequence, and we flail would have been overcome. One of their colonels told me there were 75,000 men on the plains surrounding us; that, I supposed, had not reference to Maryland Heights.

Question. How long have you been in military service, and where?

Answer. I have been in the English army. I served seven years in the same branch of the service. I am now in as lieutenant of artillery. I have been in this service since the 15th of June, 1861.

By Colonel D'UTASSY:

Question. When did you begin to observe the first signals of the enemy made on Loudoun Heights?

Answer. I believe it was on Friday; I think it was on Friday, the 12th.