War of the Rebellion: Serial 044 Page 0132 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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Question. In your opinion, could or could not General Milroy's command have retreated in good order with its artillery and trains on the 11th, 12th, 13th or 14th of June, 1863?

Answer. I think he could have gone out on the 11th or 12th ; not at any time after that .

Question. Is any officer to blame, in your opinion, for the loss of battery L, Fifth U. S. Artillery ; if so, how?

Answer. From what I could observe of the position they were occupying at the time, the manner in which the guns were served, and the manner in which they were supported by the infantry, I think the loss was unavoidable. I would not hold any officer responsible for that battery.

By the COURT: Question > What was the number of killed, wounded, and missing in General Milroy's command at Winchester from the time of the first attack by the enemy up to the time the place was evacuated?

Answer. I have never seen an official report . MY recollection is that there were 50 killed, wounded, and missing.

Question. What was the number of killed, wounded, prisoners, and ' unaccounted for ' during the retreat? Answer . Something near 4, 000 at the time we got to Harper's Ferry . We collected in Pennsylvania 2, 700 . That was the strength of the command on my last official report to General Couch ; that was my report of June 25, I believe . This was a part of that force that was " loss to us " on the retreat, and did not include that portion who came through under General Milroy's immediate command .

Question. What measures were taken during the retreat to secure, as far as practicable, the safety of the column, and to guard against a surprise or sudden attack upon the main body of the command while on route for Harper's Ferry? Did the order of the commanding general require vedettes and flankers to be thrown out during the retreat?

Answer. There were no"flankers " nothing but an advance and rear guard, to my knowledge . There were no orders that I know of as to the formation to be made in case of attack.

Question. Was Major-General Milroy under the command of Major-General Schenck, and entirely subjects to his orders at the time Winchester was attacked, and for the three weeks previous to the attack?

Answer. Yes, sir .

Question. Were the roads over which the troops retreated practicable for fields guns?

Answer. Up to the point of attack on the morning of the 15th, and 2 miles beyond, the roads were practicable for artillery an trains . From that point on we could not have moved our artillery, because we left all roads, and went through the fields and timber, to avoid an anticipated flank movement by the enemy .

Question. If you had field batteries with you on the retreat, would they have been of service in keeping the enemy at bay, or otherwise facilitating the retreat?

Answer. If we would have had the batteries at the point of attack, they would have been of great service to us ; but I do not think we could have taken them there on account of the close proximity of the enemy to the forts when we evacuated. The moving of the artillery would have brought the enemy down upon us at once. I do not think their pickets were more than 200 yards from our rifle-pits. The ground about the forts and the roads was stony, particularly from the star fort to the Martinsburg road. I think the artillery would have made a great deal of noise if we had attempted to move it.