a brigade was present; I think he was of General Mitchell's division. The last time I saw that dispatch to the President it was in the hands of Colonel John M. Harlan, commanding the Second Brigade in the First Division,and my recollection now is that there were either twenty-one or thirty-one, I am not positive which, commanders of regiments' names to it. I am positive there were twenty-one.

By General DANA:

Question. State what you know of General Gilbert's rank at the battle of Perryville.

He wore shoulder-straps, indicating he was a major-general. My understanding since then is that he was not a major-general, but that was an unconfirmed brigadier-general.

Question. Do you know whether he was appointed brigadier-general prior to or since the battle of Perryville?

I do not know.

Question. By what authority was he placed as a major-general in command of an army corps?

My understanding was that he was assigned the command by General Buell.

Question. Were the division and brigade commanders in the corps to which General Gilbert was assigned as commander impressed with the idea that he was their junior or their senior?

The division and brigade commanders of the rank of brigadier-general were of opinion that General Gillbert was their junior after the battle of Perryville; at least I never heard any question about General Gilbert's rank till my command reached Crab Orchard. I was there told by General Robert [B.] Mitchell that General Gilbert was an uncommissioned brigadier-general, and that all the brigadiers in the corps ranked him.

Question. Was there any dissatisfaction fell or expressed in the army about the assignment of this officer to a command when he had not the right to exercise it?

There was a great deal of dissatisfaction in the First Division with General Gilbert prior to the battle of Perryville, and a great deal of feeling among all the officers of the corps that I ever heard say anything about it, after it was ascertained that he had not the right to exercise that command. There was a feeling that he was somebody's pet, and put where he had no right and for which he was not qualified. He quarreled with nearly all the officers of the First Division about very unimportant and trifling things, and there was a general opinion that he gave his attention entirely to small things instead of attending to the important duties of his position.

Question. Where was General Gilbert during the progress of the battle at Perryville and what do you know of his behavior at that battle?

He was with the Reserve, as it was called. He was not on the battle-field, I think, at all; if he was I had no knowledge of it. He remained with the troops that were in reserve awaiting orders. I saw very little of him, merely noticed him passing once or twice, but did not hear him say anything, and therefore I cannot speak as to his conduct.

Question. Was any portion of his command, and, if so, what portion, in front, in the immediate presence of the enemy, during the battle, and was he at any time with that portion of his command?

I am only enabled to speak of my brigade except from official report. My brigade belonged to General Gilbert's command, and was in front, in presence of the enemy; General Gilbert was not with us. I did not hear during the battle nor since, from any person, that General Gilbert was on the battle-field at all; that he wa any nearer to it than I described in my testimony this morning, that is, within half to three-quarters of a mile from our lines, while we were engaged. General Gilbert may have been there, but I did not hear of his being in front.

Question. If General Gilbert had ordered a support to General McCook at the time you took you last position what would have been the probable result?