War of the Rebellion: Serial 044 Page 0120 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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Question. IN your opinion, who is to blame, or is any one, for the loss of Battery L, Fifth U. S. Artillery?

Answer. I do not know of any one. I was not familiar with the general orders existing. Question Do you not know positively what one of our regiments fired upon your men during the retreat? Have you ever made any investigation or report of that affair?

Answer. I do not know positively. I was under the impression that it was the Eighteenth Connecticut. I have not reported the fact officially. I have never made any investigation.

Question. When was Colonel Ely, of the Eighteenth Connecticut (your brigade commander), captured?

Answer. I cannot say. I last saw him when making the second charge, on the 15th; this was after my regiment was fired into by the other regiment.

Question. On your way to harper's Ferry, what troops did you see of General Milroy's command? Were they marching in good order, under control of their officers, or otherwise?

Answer. I reached the larger portion of the One hundred and sixteenth and One hundred and twenty-second Ohio. They were formed by fours, and were marching in tolerable order. The men were very much fatigued, and there were many stragglers . There were detachments of other regiments, all forming one command. I am not positive, but I think that many regiments were mixed up; that is, that men of different regiments were together. The one hundred and tenth and One hundred and twenty-second Ohio may have been separate. There were officers with them .

By the court:

Question. Were the orders which were given for the retreat fully carried out? If not, who was to blame ; and why, in your opinion, were said orders not carried out?

Answer. Yes, sir; they were as far as could be, so far as I know. I had no orders as to the order of retreat excepting that putting me on the right of the brigade.

Question. How do you reconcile your statements that a crowd of mounted teamsters broke through the ranks of the troops, and that your regiment was scattered and made its way in detachments to places many miles apart, with your subsequent statement that the retreat was orderly and well conducted?

Answer. IN the first place, where I state the one company of my regiment was separated by horses, I afterward stated that they again joined me. I would state that, as far as my command was concerned, it was much scattered, the One hundred and tenth and One hundred and twenty-second Ohio had some time, but I do not mean to say that the retreat was as well conducted as this last question implies, but I presume it was as well as could be under the circumstances.

Question. Could the command of General Milroy have retreated on Saturday, before Colonel McReynolds' command came into Winchester, without hazarding the destructions or loss by capture of that command?

Answer. I think not, from what I learned afterward. I was not familiar with the force around.

Question. On what day, and on what hour of the day, were the signal guns fired for Colonel McReynolds to march to winchester?

Answer. Some time on saturday morning; I do not remember the hour, nor did I know at the time that they were signal guns.