War of the Rebellion: Serial 044 Page 0098 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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days' time . I was there six months. If this had been done, and we wished to advance from Winchester, we had a base of supplies. But it was no repaired-only to Halltown, 3 miles from Harper's Ferry. That road would have been a great benefit to us.

By the Court:

Question. What were the geographical limits of your command while stationed at winchester?

Answer. They were never defined by any order. I simply had command of my troops there, and was directed to scour the country in advance for miles east, west, and south. Bunker Hill, Half way between Harper's Ferry and winchester . That was the direct road from Harper's Ferry. The pike from Harper's Ferry runs through Berryville.

Question . Upon assuming command of the troops at Winchester, did you receive any written or verbal instructions for your guidance? Answer. No, I did not ; only at different times by detached telegrams what to do in special cases. The way I came to get to Winchester was this:I was stationed at Petersburg and Moorefield about the 22nd or 23rd of December. I sent a brigade over to Strasburg, under General Cluseret. He went over the, and had skirmish, and captured a few prisoners and some stores, but not enough to pay him for the General Kelley, with whose division I was acting, heard of his being there, and sent orders for him to remain where he was, and I ordered to get the balance of my command there. My general orders were to act on the defensive, and to go no farther up the Valley than Winchester. These orders I received from general Kelley when he was in command, and afterward from General Schenck.

Brig. General W. L. Elliott, U. S. Volunteers, a witness called the court m being duly sworn answers:

By the judge-Advocate:

Question. State to the court what command you held under Major-General Milroy, and the facts and the circumstances connected with the recent evacuation of Winchester.

Answer. I commanded the First Brigade, Second Division, Eight Army Corps, composed of the One hundred and tenth, One hundred and sixteenth, One hundred and twenty-second, One hundred and twenty-third Ohio Infantry, the Twelfth Pennsylvania Cavalry, Thirteenth Pennsylvania Cavalry, and Carlin's (Virginia) battery. This battery was temporarily detached from my brigade on the 13th of June, and battery L, Fifth U. S. Artillery, temporarily assigned to me on the same day. The first notice of the enemy appearing in force that I had was between 9 and 19 on the morning of Saturday, the 13th. Two reconnaissances had been ordered from my brigade-one on the Strasburg road, commanded by Colonel Keifer, of the One hundred and tenth Ohio, on the Cedar Creek road. About 10 o'clock I was ordered by General Milroy to take command of both roads . about 12 o'clock that day, skirmishing commenced between my pickets and those enemy, which, by 3 or 4 o'clock in the afternoon, became pretty warm, and continued so until dark, or sundown. From prisoners taken, I learned that it was Johnson's division of ewell's corps with whom I had been engaged. After dark, my forces were ordered by General Milroy to draw nearer to the town, and at 2 o'clock that night we repaired to the fortifications, by his orders . On the morning of Sunday, the 14th, a little after sunrise, I was ordered a in a southerly direction from the fortifications, and about three-fourths of a mile distant, to take command of the One hundred and twenty-second Ohio and the Twelfth Virginia Infantry, with Carlin's battery of the Second Brigade. We took position there, and held it until between 5 and 6 o'clock. We were then re-enforced by the One hundred and twenty-third Ohio, which had been out all day. About an hour before sundown, I was ordered by General Milroy to return to the fortifications, the enemy having opened on us from the west and south of the town, in the direction of the Romney and Pughstown roads. I remained in the fortifications with mt troops . During that night, between the hours of 10 and 12, a council of war