Upon being opened the judge-advocate announced that the objection was not sustained; opinions of corps and division commanders being considered important to the Commission to enable it to come to a conclusion upon the matters before it.

The WITNESS. I will state, in reference to the conversation or report, that I believed the enemy would attack me at daylight, and General Buell disagreed with me in opinion. He didn't think so. Next morning I received an order to close my line to the right and ordered Steedman's brigade to return to its command to General Schoepf.

General BUELL. Was that a written order?

The WITNESS. Well, sir, I think it was a pencil written order, a note from Colonel Fry. That order reached me; and I closed my lines to the right, and Steedman's brigade went to join its proper division. I will also state that about the time Steedman's brigade was coming to my assistance I met Major Wright, who reported that his re-enforcements were there, and asked me how I was getting along. I replied to him that I was doing the best I could with the troops I had, and with these troops I thought I could hold my position there. That was about 5.30; it was nearly dark. The next day my corps was ordered to advance and take a position to the right of Dicksville.

I wish to state something in addition. At the time that the attack was made upon me at the battle of Chaplin Hills the co-operation of General Gilbert's corps, I believe, would have secured a complete victory. My right was turned almost within view of his troops. But what his orders were in regard to these movements I know nothing. Co-operation there would have secured a victory in my opinion. I don't think General Gilbert was in front during the battle. I don't know whether he was or not, but I have inquired of his officers and they say he was not. I thought it was his duty to co-operate with me on that day. It is the duty of a general to relieve a brother general, whatever his orders may be.

The day after the battle of Perryville my line was thrown forward about 1 mile. I cannot be positive; I think it was the second day after the battle my line was thrown forward. I think I got the order, a written note, from the chief of staff. Next day we moved forward to the Harrodsburg pike, about 2 1/2 miles, my command resting on the Harrodsburg pike. Next day I marched to Harrodsburg; from there to Fry's Springs, 3 miles; next day 6 miles beyond Danville, and the next day 2 1/2 miles beyond Crab Orchard; where I halted.

The JUDGE-ADVOCATE. Have you the orders sent you, the memorandum spoken of in your evidence, and the report of your proceedings?

I have a report of the battle of Chaplin Hills. I have a number of memoranda.

The JUDGE-ADVOCATE. You have given us a detailed account of the marching of our forces to Louisville and thence to Perryville. Can you trace upon the map the march of the rebels under Bragg from the invasion till they reached Bardstown?

From Dunlap they came over to Sparta; they did not come on the Therman road. Some came through Spencer and Pikeville. I had information when was at Murfreesborough that General Sam. Jones had come to Sparta. One of General Buell's men told me so. Some of them crossed at Gainesborough and some at Carthage, others at Scottsville, and concentrated at Glasgow.

General BUELL. He should be particular; he might mislead you.

The WITNESS. That is my impression; I had no charge of the secret service.

General BUELL. They did not pass through Scottsville.

The WITNESS. Part of the army crossed at Munfordville.

The JUDGE-ADVOCATE. At what point in that invasion ought the enemy to have been attacked by General Buell's army?

General BUELL. May I make objection to that? It requires General McCook to give evidence upon the question of duty, in regard to which he could not know the circumstances that controlled it. He may know at what point an attack might have been favorable,