to a point where there was a heavily wooded ridge . At the time we left the crest of the hill, the colonel, major, and myself considered that our case was a hopeless one, as far as getting away from that battle-field in good order was concerned, left, as we were, by ourselves. We did come off, though, as a regiment with every company organized, and with every commissioned officer that went to Winchester save one. Then we passed up this heavily wooded ridge, where we found a great many men from others regiments of our division, the great majority of them belonging to the Sixty-seventh Pennsylvania . I asked them to what regiments they belonged, and where they were going, and where their officers were. To all of which they answered they did not know (except as to their regiments). I think there were several hundred of these men . I ordered them to fall into column with us, and they generally rallied into my regiment . Company I, Fourteenth Massachusetts Artillery(Captain Martins), had joined us, and had officers with it ; they behaved well, and marched through in good order . From that position we crossed the Opequon, at the "burned factory, " and then took the road to Harper's Ferry. We flanked Charleston, leaving it on the left, and represented ourselves from there on as the advance guard of Hooker's army, and inquired for Berryville, instead of Harper's Ferry. Our regiment arrived at Harper's Ferry at 8 or 9 o'clock that night .
By the COURT:
Question. Who gave order which caused the infantry of your brigade to file to the right off the Martinsburg road?
Answer. I cannot answer positively.
Question. When the disorganization of the Sixty-seventh Pennsylvania became apparent to you, did you see any of the officers attempting to restore order and reform the regiment?
Answer. The disorganization of their regiment seemed to be caused by the great thirst of the men, who were seeking water . I did not ; I was otherwise engaged.
Question. What person other than citizens of Winchester were left there by the division of Major-General Milroy when it evacuated that place?
Answer. I do not know .
Question. At what time and place did you last see Colonel McReynolds on the morning of the retreat?
Answer. The last time I saw him was after we crossed the Opequon, when he with several others came up, and passed near our regiment . This was about 7 o'clock in the morning, I think, and after the fighting that morning was over .
Question. Did Colonel McReynolds stop to give any orders, or was any communication had with him by any officer of your regiment? State what occurred .
Answer. There was no communication, excepting that I think he was hailed by us. There was nothing else occurred. He was riding rapidly up the Harper's Ferry road.
Question. When and where did you last see him on or near the battle-field?
Answer. I have a distinct recollection of seeing him when we filed out of the Martinsburg road, and afterward my impression is that he was in the rear of the brigade . I do not know how far ; in the direction of a chimney ; this was while my regiment was behind the stone wall. Lieutenant Colonel Donn Piatt, U. S. Volunteers, chief of General Schenck's staff, appeared before the court with the following message from Major General R. C. Schenck, U. S. Volunteers: " Mr. PRESIDENT: I am instructed by Major-General Schenck to inform the court that, although he received summons to appear as a witness some days since, being prevented by an accident from attending promptly in response, he never received a copy of the order