War of the Rebellion: Serial 044 Page 0150 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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gades, and did those brigades retreat by the route and in the manner designated by him?

Answer. So far as my knowledge of the orders go, they did comply with them.

Question. Were the orders to the Third Brigade for the retreat different from those to the First and Second Brigades?

Answer. No, sir; not that I am aware of .

Question. When it was observed that the Third Brigade was not doing what it been directed to do, what orders did Major-General Milroy give or send to it?

Answer. The first order that I know of his sending to the Third Brigade was that sent by me, which I could not deliver, because I could not find Colonel McReynolds. I don't know that there were any other orders sent to the Third Brigade .

Question. When the command of Major-General Milroy evacuated Winchester, what persons, besides citizens of the place, were left there?

Answer. That I could not tell ; my knowledge is not sufficient . I knew that no hospital patients were taken with us .

Question. Do you know of any general order having been given for the government of the whole of General Milroy' command, on its retreat from Winchester to Harper's Ferry?

Answer. No; I can't say that I know of any orders other than those I have stated . Lieutenant Colonel W. A. McKELLIP, Sixth Maryland Infantry, a witness called by the court, being duly sworn, says:

By the JUDGE-ADVOCATE:

Question. What regiment do you belong to? Were you present with your regiment during the retreat from Winchester?

Answer. I belong to the Sixth Maryland Infantry . I was present .

Question. To your knowledge, were any regiments of the Third Brigade engaged in the fight on Monday morning, June 15, 1863?

Answer. No, sir ; they were not. They were under fire from two guns placed on the right side of the Martinsburg road, about 600 yards in front of us. We were in rear of the division in marching out of the forts . The brigade consisted of the Sixty-seventh Pennsylvania Infantry and my own regiment, and the First New York Cavalry. We filed off the Martinsburg road about 3 miles form Winchester . At that time we were up with the rest of the column. Colonel McReynolds was with the brigade at that time. I heard and repeated the order to " file right, " and the men were cautioned to keep closed, and step off promptly . We moved, then to a stone wall, that was running from the road, and facing toward the battery that was firing on us. In forming line off battle there, the men had closed up too much, and there was a little confusion ; that is, it was necessary to take ground to the left . While in the act of dressing the left wing of the regiment, the command was given, "By the right flank, march!" We moved on, then, in quick time, and in perfect order, we reached the Winchester railroad, and, there a battery opened on us. We moved to the railroad, and halted, the battery in the meantime playing on us. From there we passed thought the tunnel or arch, and down by a ravine, that protected us from the enemy's battery . When we got to the house that stands on the left-hand side, a great many of the regiment in advance of us went into the yard and buildings, and when my regiment came up I posted myself at the gate, and gave orders that none of our men should go inside, and none were allowed to go in . From that point the regiment in advance of us that house we filed right some 200 yards into a field. The colonel went in front of the regiment, and gave to the command, "By the left flank, guide center. "We moved up the crest that hill in line of battle . There we found the enemy in position, with artillery, and too strong for us to cope with. We passed away by the right flank, and fell back almost in a direct line toward the main fort at Winchester