Question. Have you ever passed over the road which you think the command might have been taken out by?
Answer. Not to any great distance.
Question. You are not able to state, perhaps, whether it is practicable for artillery?
Answer. No, sir.
Question. Are you able to state whether the infantry might have been marched out, as infantry are usually marched, or with sufficient rapidity to turn the enemy's flank and escape?
Answer. My opinion was that it ought to have been tried.
Question. The question is whether you think it was practicable, or whether you had sufficient knowledge to enable you to form an opinion ad to its practicability?
Answer. The only way I know of finding out whether it was practicable or not was to try it.
Question. Had you any information at that time of the position of the enemy's forces on the other side of the river - the north side?
Answer. No information. I interred, from the sound of the cannonading that had been heard for several days, the general direction in which I supposed the enemy was, and also from the direction in which I knew Frederick was, where the enemy had last been heard from.
Question. the fire from the enemy's batteries on Loudoun Heights, what was its accuracy? Was it good during the fire upon your position on Sunday?
Answer. They first fired over us; afterward they got the range, and a great number of shells were thrown in our camp, and through the whole line of intrechments.
Question. That position was fully commanded, in the case, for instance, of the troops having been formed there as you suggested, by way of support in case of awaiting an assault?
Answer. I stated that I could support the position on Bolivar Heights, with artillery on my left.
Question. I want to know whether, in your judgment, the position you held was tenable by an infantry force under the fire from the Loudoun Heights battery, with a view to efficiency; that and the Maryland Heights battery also.
Answer. We were exposed to a fire in reverse in half enfilade, and of course it would have caused great destruction among troops drawn up in line in the works.
Major S. M. HEWITT, recalled by the court, and examined as follows:
By the COURT:
Question. An order is said to have been given to fall back from the breastwork upon Maryland Heights. Do you know anything about that order, where it came from? That is, after the first repulse, when the troops fell back to the breastwork. From that they fell back in great confusion down the hill upon an order said to have come from you, ordering them to retreat.
Answer. There was no positive order in reference to it. It was simply instructions in obedience to the orders that I received from Colonel Miles on Friday. I sent forward a lieutenant. this was at the time the One hundred and twenty-sixth fell back, after Colonel Sherrill was wounded. I was back trying to rally those men, and I sent forward a Lieutenant Carnes, of our regiment, to tell to hold out as long