was held, composed of brigade commanders, and orders were issued for the evacuation, which commenced between 1 and 2 o'clock on the morning of the 15th. I am not a positive as to the hours ; I did not look at my watch, as it was too dark to see the time . In the evacuation of the place, my brigade was designated to go in advance. The order of march that I designated put the Twelfth Pennsylvania Cavalry in advance, and next the One hundred and twenty-third Ohio, One hundred and tenth Ohio Infantry, and the One hundred and twenty-second Ohio, the One hundred and sixteenth Ohio being in the rear. Owing to the darkness of the night, as I supposed, the One hundred and sixteenth Ohio did not take its place in column, but got on the wrong road. About 3 miles from Winchester, and before daylight on the 15th, the cavalry of my command encountered the pickets of the enemy, and were fired upon. I immediately formed line of battle across the road, and sent word to General Milroy by my adjutant-general that I was doing so . While forming this line of battle, I could hear the enemy bringing artillery and moving troops on my right. I changed my dispositions, and instead of forming it across, I formed it parallel with the road, intending to fight my way through them. I had my cartridge-boxes filled with ammunition-40 rounds. I made two attacks upon the enemy, and advanced, after I was attacked by them in superior numbers, and continued to move by flank. Whilst the fight was going on, the Twelfth Pennsylvania Cavalry seemed to have moved off to the westward, and I saw nothing of it. The One hundred and twenty-third Ohio, which I expected to find on the right of my line, was not position there. I was told by an aide-de-camp that General Milroy had detached it. Finding that my ammunition was nearly exhausted, I continued to march in the direction of Martinsburg for about a mile, and then left the pike on my left for the direction of Harper's Ferry, passing between the Smithfield and Martinsburg roads and through the town of Smithfield, leaving the town Charleston on my right, reaching Harper's Ferry between 2 and 3 o'clock in the day. I had between 900 and 1, 000 men at Harper's Ferry of my brigade . The One hundred and sixteenth Ohio, and the One hundred and twenty-thirds Ohio almost entirely, were not with me, nor was the Twelfth Pennsylvania Cavalry.
Question . What were the disposition made for the defense of Winchester?
Answer. I can only answer so far as a knowledge of the disposition of my own troops goes. Battery L, Fifth U. S. Artillery, was posted in an outwork between the Pughtown and Romney roads. The One hundred and twenty-third [Ohio] Infantry were on the west side of the town, in the main work. A portion of the cavalry was near me on my flank, toward the west. The exact disposition of the balance I do not know. It was detached, but I don't know to what point.
Question. Could or could not General Milroy have retreated to greater advantage on the 12th, 13th, or 14th of June than he did on the 16th of june, 1863?Your opinion is simply asked.
Answer. I think he might have retreated on the 12th without considerable loss. I think he might have done so on the evening of Saturday, the 13th.
Question What orders were given to you by General Milroy in reference to the artillery and stores?
Answer. Orders were given to disable the artillery and abandon the wagons, and to take away the team horses.
Question . In your opinion was the retreat from Winchester properly conducted or not; was there any straggling during the retreat? Answer. There was considerable straggling, which I attributed to long marches, the excessive heat of the day, and being pursued by an overwhelming force.
Question. In your opinion, are any officers to blame for the straggling that occurred?
Answer. I think not.
Question. In your opinion, could or could not all or a portion of the artillery have been drawn off at the time of the retreat? Answer. I think it could not. My reason for saying so is that the roads were heavy. We had a hard rain a few days before, after which the roads became