War of the Rebellion: Serial 027 Page 0747 Chapter XXXI. THE MARYLAND CAMPAIGN.

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Question. Do you know where he was?

Answer. I understood that he went to Harper's Ferry. But I sent my orderly with a note to him, and he said he could not find him. Afterward, however, the Thirty-second Ohio came cut and reported to me, and I presumed up by Colonel Miles.

Question. You do not know where he was found?

Answer. I do not. My orderly said he could not find him, and his aide, up to that time, could not find him.

Question. Was the cannonade heavy at that time?

Answer. They were firing upon us at that time from the Loudoun Height battery and from the batteries in front, and the enemy's infantry were evidently advancing upon us when he left me.

Question. Do you know anything of certain prisoners having been paroled and sent out of our lines during the siege?

Answer. I do; because my pickets came to me to know whether they should left them go. I told him not to let them go, but to bring them back and put them in the guard-house until the engagement was over.

Question. There has been a paper produced here as one given to certain prisoners, signed by Colonel Miles, directing the pickets to allow them to pass and proceed on to their headquarters. There were 16 prisoners. Do you know anything about that paper?

Answer. I do; because my pickets came to me to know whether they should let them go. I told him not to let them go, but to bring them back and put them in the guard-house until the engagement was over.

Question. There has been a paper produced here as one given to certain prisoners, signed by Colonel Miles, directing the pickets to allow them to pass and proceed on to their headquarters. There were 16 prisoners. Do you know anything about that paper?

Answer. They did not bring the paper to me. Some one came to me, when I was on my horse very actively engaged, and called my attention to the matter, and said there were 15 or 16 of them with a pass through the lines. The lieutenant in command of the picket came and said these men were there, and had been ordered to be permitted to pass. He asked me what he should do. I told him to hold them until evening, and then bring them in and put them into the guard-house until I could see Colonel Miles about it. I thought it was unwise to let them go.

Question. What course was taken with them?

Answer. They were brought in that evening; but I was engaged until after night in attending to the fighting that was going around among the regiments, placing them in position, and did not get to see the lieutenant; and the artillery fire commenced the next morning so early that I never got to know what did happen.

Question. You do not know whether they finally went out or not?

Answer. I do not know.

By the COURT:

Question. What night was that?

Answer. Yes, sir; pressed by the enemy.

Question. Was that fact generally known in camp?

Answer. I do not know that it was. All I know about it is just as I have stated.

Question. Do you know what impression it made among the officers and troops? Did you hear the matter spoken of?

Answer. Some officers, who were near me at the time this lieutenant sent word to know what to do, were very indignant, and spoke their indignation. I do not recollect what officers they were; they were some officers of the regiments under my command. I paid but little attention to it after I had given my orders, but dashed off to attend to other duties pressing upon me. I recollect very well that the matter was spoken of at the moment indignantly.