Major General A. McD. McCOOK (a witness for the Government), being duly sworn, testified as follows:

By the JUDGE-ADVOCATE:

Question. State, if you please, your position in the Army of the United States.

I am a major-general of volunteers since the 17th of July, 1862.

Question. You will state, if you please, what part of that time you were under the command of Major-General Buell, and especially during the invasion of Kentucky by Bragg, and all you know about the expedition following.

I organized and commanded the Second Division of the Army of the Ohio at Camp Nevin; that was my command when General Buell assumed command of the Army of the Ohio. I marched with that division to Nashville with short delays on the road at different camps, and from Nashville to the battle-field of Shiloh; from thence to Corinth; thence to Battle Creek, Tenn., and there was placed in command of the Fifth Division in addition to my own. The Fifth was commanded by General Crittenden. I commanded these two divisions in front of Chattanooga, where the rebel army, under General Bragg, was supposed to be concentrating. I remained at Battle Creek until General Buell planned an advance against the enemy, part of which I was to carry out. My orders were to march up the Sequatchie Valley. I will state one brigade (the Fourth) was here detached and stationed along the Nashville and Chattanooga Railroad as far as Cowan. My instructions were on marching up Sequatchie Valley to leave Crittenden's division at the place where the Higginbottom pike leaves the Sequatchie Valley to ascend the Cumberland Mountains. With the rest of my command I was to move up to Anderson's house, and there prevent the enemy from crossing Sequatchie Valley and guard the Anderson road. When I reached to within 10 miles of the Anderson road I was on the march, and was met by two of my spies, whom I considered trusty men. One was a corporal in the Forty-ninth Ohio, the other a refugee from Chattanooga I had sent out. They presented me with a synopsis of what they had seen each other. They informed me that Bragg was crossing at Chattanooga with seventy regiments and a great deal of artillery; that Withers was crossing at Harrison, 12 miles above, had already crossed eleven regiments; that McCown was crossing at Kingston (this was about the 10th of August), supposed to have 10,000 men. General Heth commanded a division under him. The most reliable of these spies, Corporal Kennedy, informed me that the army that crossed at Chattanooga were advancing rapidly toward Anderson road. That same morning I received information that 600 of the enemy's cavalry had reached Dunlap. I then had but two brigades and three batteries of artillery with me. Had been informed by a citizen of that vicinity, whom I considered loyal, that the enemy's pickets and advance were on the top of Walden's Ridge, 7 miles from where I was to go to take position. Knowing there were several roads crossing Walden's Ridge practicable for infantry and cavalry, I did not consider it safe for me to go to that place with a command of that size. My instructions from General Buell were to take position upon the Anderson road; to hold it if I could; if not, to retreat by a road to Tracy City; in case I could not reach Anderson road to ascend the mountain by Higginbottom turnpike to Tracy City, where I would be met by General Schoepf. I did not know what command General Schoepf had, but was merely informed that he would meet me there. I did not know he commanded the First Division.

I then returned to Higginbottom pike with my command; went to top of mountain myself; tried to carry a battery up, and found the road impracticable for military carriages. I then marched from that point with my own and Crittenden's division back to Battle Creek, and camped 6 miles from the mouth of the stream. From this point I could have marched by Sweeden's Cove road, which led to Tullahoma; by Battle Creek road to Pelham, or by Fierry Gizzard road.

While in this camp I received an order from General Buell (I would here add, the part of General Buell's plan on the Anderson road I alone am responsible for; I did not carry out his instructions) to march with my two divisions to Pelham; to reach Pelham by one day's march; to march from Pelham to Altamont, and then form a junction with General Thomas, and attack the enemy on Therman road in case he advanced that way.

On my march from Battle Creek to Pelham night overtook me 7 miles from Pelham. I there bivouacked with my two divisions and descended the mountain the next morning, and reached Pelham at 10 o'clock (5th of September). There found General Schoepf encamped with First Division of the army, and was joined by the other