artillery that was stationed only a short distance in our front, apparently 100 yards . While engaged with the enemy, another regiment of our brigade was brought in my rear, who also opened fire right through us almost which brought confusion in the ranks of my regiment, and it fell back . It was either the Eighteenth Connecticut or the Fifth Maryland Infantry ; I think the former. General Milroy appeared in front of that regiment, and ordered them to increase firing, telling them that they were firing on their own men. It was still dark when this occurred. We again formed, and advanced with other regiments to the woods, but soon fell back under the heavy fire to a ravine about 150 yards from the woods. I afterward received orders to advance into the woods with two regiments on my right. I think they were the Eighteenth Connecticut and One hundred and twenty - third Ohio. My regiment went about 40 yards into the woods. My horse was killed. The regiment immediately halted, and kept up a skirmishing fire for twenty or thirty minutes. I saw that I was being flanked on my left, and gave orders to fall back, this was done amid some confusion. The enemy followed us closely in large numbers to the edge of the woods. My command became scattered, some going to the right and some to the left. I will here state that I had no orders as to our destination, and could give no instructions to my officers as to our course. I have since been informed that our brigade commanders had orders, and had special instructions to communicate them to the regimental commanders, that our destination was Harper's Ferry. With about 130 of my men, I reached Harper's Ferry. My lieutenant-colonel and major went by the left, and, I am informed reached Hancock. They had 280 of my men. My regiment is still divided. Some 240 were captured, and one hundred and odd are still missing. The court then adjourned to meet at 12 m. monday, August, 24, 1863. Fifteenth day. Court met pursuant to adjournment. Present, all the members and the judge-advocate. The testimony given yesterday by Colonel Schall was read over to him, corrected, and his examination resumed.
By the Judge-Advocate:
Question. Do you consider that the retreat from Winchester to Harper; s Ferry was properly conducted, and that the public property was suitably cared for?
Answer. I think it was, under the circumstances.
Question. Did you observe any want of coolness, capacity, or courage in any officer during the retreat or during the fighting at and near Winchester?
Answer. I did not.
Question. Was your regiment short of ammunition at any time during the fighting, before and in the retreat?
Answer. It was not, excepting that I expended a large part of my ammunition on the morning of the 15th, and had no chance to replenish. when I started, the men had an average of 60 rounds.
Question. Did sufficient time intervene from the first intimation of the enemy's approach to the time of their attack to have removed the artillery to some place of safety?
Answer, I think there was.
Question. In your opinion, could or could not General Milroy's command have retreated in good order on the 11th, 12th, 13th, or 14th of June, carrying off all or a portion of its artillery and stores?
Answer. They could have done so, in my opinion, on the 11th, 12th, and until 3p. m. 13th, I think.