It was understood that General Buell anticipated an attack there, but the officers and troops at that point did not, so far as I have heard an opinion expressed.

Question. Do you mean to express what was your opinion or what was the understanding of the troops generally?

I mean the understanding of the troops to which I was attached, especially of my own brigade, which was in the advance at Pelham until the division of General McCook and General Crittenden arrived.

Question. Did the disposition of the army while you were at Pelham indicate that General Buell expected an attack at that point particularly?

It indicated that General Buell thought an attack somewhere in that vicinity probable.

Question. On what ground did you think it improbable?

Upon the ground that I supposed the rebel army would avoid ours if possible.

Question. Upon what ground was that belief based?

Upon the ground that they would never hazard a battle with us unless they thought they outnumbered us and had the advantage.

By General DANA:

Question. Do yo know of any instance where any officer of the Army of the Ohio, by his official position or acts, had influenced the return of a slave to servitude since the publication of the enactment of the late article of war on the subject?

I have never been officially informed that the amendment to the article of war alluded to in the question was a part of the Articles of War. My understanding, however, was that the amendment had been made, and provided that if any officer of the Army engaged in returning a slave to a rebel owner that officer should be cashiered. I have never seen an official copy of it, and do not know to this day what it is, and do not know officially whether any amendment to the Articles of War had been made; but after I understood that such an amendment had been made I received orders, while a colonel commanding a regiment, to permit persons whom I was satisfied were disloyal to search my camp for slaves. I received an order from General Fry, Iuka to permit citizens who were named in the order to search my camp for runaway negroes.

Question. Please state the date.

It was about the 25th of June. I conversed with the citizens who bore me the order and to whom the authority was given to search my camp, and I was satisfied they were disloyal. I took the order and wrote upon the back of it that I declined to permit any citizen of a disloyal State to search my camp for slaves unless the officer in command of the department positively ordered the search and signed it officially. I then handed it back to the citizen. At Pulaski, in Tennessee, somewhere about the first week in August, I received a verbal order from General Fry himself to deliver up two negroes from my camp to a citizen of that town, which I declined to do. I did not know at the time,however, that the negroes were in my camp. The general rode up to my camp and told me he was informed there were two negroes belonging to a citizen whose wife he said he knew. She was a Rhodes. I replied to the general that I did not care what her name was, and that I would not permit a she rebel to enter my camp to get slaves any quicker than I would a he one, and he said he would take the responsibility of returning the negroes. I then informed him what I understood to be the law and that I should stand on it, and advised him not to trouble himself any further about negroes, but to leave that question to the colonels of the regiments and the claimants. Those are the only instances I know of.

Question. Have you a copy of the written order that was served on you at Iuka?

I have not. I did not retain the original order.

Commission adjourned to meet December 14, a.m