ot
into the corn-field, and a principal part of the brigade were
retreating, the examinant heard Colonel _Tyler_ say to the men, "Why
do you run? this will never beat them;" that at that time he supposes
the Colonel was nearly in the same place where he was when the fire
first began, and that from his behaviour, he has no reason to believe
that the Colonel was at all intimidated; that from the situation the
Colonel was in at the time of the firing, he has reason to believe
that the Colonel was one of the last that retreated from the enemy;
that the first time he noticed the Colonel after the retreat from the
enemy, was when they had marched about a mile from the cross road up
the _Bloomingdale_ road, where they got into some order, and that
after that the Colonel continued in the front till the brigade reached
the Heights of _Harlem_....

Paymaster _Sill_: Says that he had no opportunity of observing Colonel
_Tyler's_ conduct from the time that they crossed over from the
_Bloomingdale_ road towards the post road, and had returned back to
the _Bloomingdale_ road and marched up it one mile; that when the
brigade had marched up that far, there was a cry from the rear that
the Light-Horse were advancing, and that a great part of the battalion
which Colonel _Tyler_ commanded precipitately threw themselves into
the lot on the west side of the road; that the Colonel went into the
lot and this examinant with him; that from the Colonel's conduct at
this juncture, it appeared to this examinant that his design in going
into the lot was to bring back the men to the brigade, for that in his
presence and hearing the Colonel threatened to fire upon them if they
did not join the brigade.

Sergeant _Palmer_: Says that when the brigade crossed over from the
_Bloomingdale_ road towards the post road, he was on the right of the
front rank of the brigade which was led by Colonel _Tyler_, and that
he had a full opportunity of observing the Colonel's conduct till the
time of the retreat; that on notice that the enemy were approaching
and orders given to take the wall, the Colonel advanced to it, still
keeping in the front, and was the first man in the brigade who fired;
that this examinant discharged his piece twice at the enemy, and on
looking around he saw the whole brigade were retreating, the Colonel
still remaining on the ground, with this examinant, and no person
within several rods of them; that upon this the Colonel ordered them
to