in which other copies are entered. It is either the same handwriting, or the handwriting of a person who has endeavored to imitate as closely as possible the handwriting of the preceding entries. If it is not the same, then it is a forgery; and no man would forge such an order if there were in fact a genuine order the same in substance. Lieutenant Binney swears positively that he does not know who put this matter upon the order-book. It was his duty to state the name to you if he knew it; and to state, further, his opinion of the handwriting. But it must have been placed there by some person of the military family of Colonel Miles; no others had access to the books; and Lieutenant Binney knows all those persons, and is acquainted with the handwriting of all who acted as clerks to Colonel Miles while he and they were with Colonel Miles at Harper's Ferry.
But, further, Lieutenant Binney published what he informed the public was an order from Colonel Miles. He did not state to the public in his card that he published the alleged order from memory merely. The public were caused to believe by him that he copied that order. But now and here he testifies that he did not copy it, but wrote it only from memory. The alleged order published is, according to our recollection of to, exactly the same as that upon this book. This identifies the person. Lieutenant Binney wrote both. He denies, upon his oath, all knowledge of how this matter came upon this order-book. It is, then, a mere forgery. But, further, the alleged copy has upon its face evidence that it never came from Colonel Miles. The words "till the cows' tails drop off," are not such as would have been employed by an old man, as Colonel Miles was. They are such as only a young man, and quite a young man, would have used. They are the offspring of youthful levity. The taste is not that of Colonel Miles. That he was a man of correct taste the previous orders in the book show; not one of them, so far as we have seen them, shows any mark of bad taste or vulgarity; all are written as a gentleman would write them. But there is still further and more conclusive evidence that this alleged order did not come from Colonel Miles. He knew the position of Colonel Ford, and knew also that the cannon at Camp Hill did not and could not defend the position of Colonel Ford at "all points." The position of Colonel Ford was the whole defense of Maryland Heights, and the guns at Camp Hill defended only so much of it as was within their range. The whole place where the attack was made upon Colonel Ford's position was behind the hill from the side on which these guns were; they could not have been brought to bear upon the enemy until after the forces of Colonel Ford had retreated and were below the battery commanded by McGrath, and then they would have been nearly useless. But, further, we assert that not only was no such order given, but, on the contrary thereof, that Colonel Miles did order Colonel Ford to vacate the heights. Now let us see where is the weight of the evidence - on which side is the proof.
1. Mr. Noakes states that Colonel Ford rode up to an officer in his presence and said to that officer, "I have vacated Maryland Heights, according to the order I have just received." This was while Colonel Miles was within half a mile of Colonel Ford, alive and in good health. The same witness testifies that when he suggested (at General White's request) to Colonel Miles the propriety of trying to take possession of Loudoun Heights, he replied, "Poh! Poh! I cannot hold Maryland Heights. I have just informed him to evacuate them."
2. Colonel Maulsby states that Colonel Miles ordered him to destroy the pontoon bridge after the retreating column should have crossed