upon it, and said to him, "I am afraid Colonel Ford has abandoned Maryland Heights most too soon," words which, briefly, are orders from him to Colonel Ford to abandon them, but that it was done sooner than he expected.
3. Lieutenant Binney himself testifies colonel Miles said the running of the troops would eventually cause the evacuation of the heights. He said to Ford, if forced by overwhelming numbers to leave the position, no to do so without spiking the heavy guns.
The circumstances stated by Colonel Cameron are not consistent with the giving of any such order at the time it is alleged to have been given. He was ordered to have his regiment in readiness to go over to support Colonel Ford. He obeyed the order, and about 1 o'clock Colonel Miles countermanded it, and said the troops would not be needed over there. Why would they not be needed? The enemy was still there. The only reasonable solution is that he had given an order to Colonel Ford to spike the guns and retreat; because in any other contingency they were greatly needed by Colonel Ford.
4. Captain McGrath heard Colonel Ford read an order from Colonel Miles to vacate. Miles told McGrath if compelled to leave, to spike the guns; states that Colonel Ford regularly examined the orderly who brought the order, respecting the time he was bringing it. Colonel Ford was on horseback and McGrath standing by him with his hand on his thigh while he read the order to him, and consulted with him about it.
5. Mrs. Elizabeth Brown heard a conversation between Miles and Ford near 12 o'clock on Saturday; the men were ordered to leave the room. She heard Colonel Miles tell Colonel Ford that his men would have to fall back to the Ferry; they could not hold the heights; the thing was impossible; the rebel force was too strong. When she got down stairs Colonel Miles was at the door.
Lieutenant Binney swears that his statements do not, in substance, differ from those of Mrs. Brown.
The conduct of Colonels Miles and Ford are altogether inconsistent with any such order. Colonel Miles met Colonel Ford at the pontoon bridge. Did he charge him with disobeying his orders? Numbers Did he put him promptly under arrest? No; he never gave any such order. Did he reason or expostulate with him, or ask any explanation of his conduct? Numbers The witnesses all state, who saw them, that they walked along in cheerful, pleasant conversation. It was not until Monday that Harper's Ferry was surrender; and during all that time, from Saturday till Monday, not one witness states that Colonel Miles made any harsh remark about Colonel Ford or his conduct. The testimony of the chaplain, who gives you the words of Colonel Miles, but not one word at the very moment, when, if the had given no such order to evacuate, that implied that he had not done so [sic]. It all is proved in the fact that this order had to be obeyed sooner than he expected it to be. It was the duty of Colonel Miles to have immediately ordered Colonel Ford under arrest, if he believed that he evacuated Maryland Heights contrary to his orders. He was in good health, in the full exercise of all his faculties, and well knew what his duty was. That no such order was even talked of to any man by Colonel Miles is abundant proof that he knew Colonel Ford had not subjected himself to arrest. His conduct can be explained upon no other theory.
Let us now turn to the conduct of Colonel Ford. He told Captain McGrath that he had an order from Colonel Miles to evacuate; read the order to him; knew Colonel Miles' handwriting. Now, it was either