the use of all proper economy of baggage and equipage, to supply the wants of that portion of the returned prisoners under my command (which embraces about five sevenths of all sent to Holly Springs), in any movement independent of the aid of railroad transportation.

The court adjourned to meet Friday, November 21.

FRIDAY, November 21, 1862.

The court met pursuant to adjournment.

Present: Major Gens. Sterling Price and D. H. Maury, Provisional Army Confederate States; Brigadier General Lloyd Tilghman, Provision Army Confederate States; Captain E. H. Cummins, Provisional Army Confederate States, recorder, and Major General Earl Van Dorn, Provisional Army Confederate States.

Brigadier General M. E. GREEN appeared before the court and offered the following explanation, which was accepted:

I wish to explain an apparent discrepancy in my evidence, having said that I saw no works in front of my position on the evening of October 3, but that on going in on the morning of the 4th I found fortifications existing in my front. I wish it under stood that I did not on the morning of the 4th advance over the ground which had been in front of me on the evening of the 3d. General Phifer's brigade of Maury's division had been extended to the left over my position of Friday evening and I had been moved farther to the left and nearer to the railroad. The position I occupied on Thursday morning was not n sight when I rode forward on Friday evening.

Dr. J. W. C. SMITH, SURGEON, Provisional Army Confederate States was duly sworn.

By DEFENDANT:

Question. Were you surgeon of the post at Holly Springs when the army returned to that place from Corinth on October 9 and 10 last? If so, do you know anything in regard to the conveyance of the wounded on the cars to hospitals below?

Answer. I was. I did superintend shipping most, if not all of them?

Question. Can you state whether or not the wounded were properly provided; whether an officer and attendant were sent with them?

Answer. I know that the wounded men were put aboard the cars and the most dangerously wounded were put upon mattresses, and in some instances I could not get mattresses. On every occasion I endeavored to have at least one day's cooked rations sent with the men and I sent also a sufficient number of assistants two look after them. I also sent either a surgeon or an assistant surgeon with the first four or five trains that left Holly Springs after the wounded came in. These men were delivered to hospitals below and the medical officers reported back to me that they had discharged their duty.

Question. Do you know whether or not the cars with the wounded stopped all night at Water Valley; and, if so, why the stopped?

Answer. It was reported to me by a medical officer whom I sent in charge of the wounded that one train was stopped for the purpose of preparing warm rations for the men, as they did not relish cold rations. The doctor's name was De Roche. He is now at Canton. I think no other train was reported to me as having stopped there at night by any medical officer. Mr. Frost, the superintendent of the railroad, told me that the regular freight train left at 1 o'clock, and that when there were wounded on board the train would go directly through to its destination. I made the proper inquiries. I would not have allowed a train had left Holly Springs to have remained at Water Valley all night if i had known it.