army under different circumstances? On the contrary, is it not true that circumstances may force upon one general risks which the other would not be justified in assuming?

It is not true that the rules of prudence and caution are necessarily equally applicable to two armies always, and there may be reasons, such as the desperate nature of the enterprise the army is engaged in, why one such army might violate the ordinary rules of caution which in a general way are equally applicable to all military bodies, but which the antagonist of the first army might not be justified in disregarding.

Question. What was the strength of your division when you left Louisville on the march to Perryville?

My recollection now is, without being refreshed by reference to papers, that it was about 8,00; I think a shade over.

Question. What was it on the 8th of October, according to your returns?

I do not recollect what the returns would show for that particular day. I had left, by order of General Buell, one regiment at Bardstown, which of course would be subtracted from the strength I have given as marching from Louisville. That was all the loss of force by detail or order which my division suffered from the time it left Louisville to its arrival at Perryville; but there had been a great deal of straggling in the troops from Louisville to Perryville on account of the difficulties of the marches, the difficulty of obtaining water on the road, and other such causes, and it would be difficult to show accurately what diminution of strength any division might have suffered in that way. I do not remember what was about the strength of my division as shown by returns on or about the 8th of October, 1862, not having occasion to refer to that information since that time.

Question. Can you get that information by referring to your papers?

I am not sure that I can. I think it is doubtful. My division has marched a great deal since that time under circumstances calculated to hazard the safety of baggage and papers. I have been absent myself for a short period since the return of my division to Tennessee, during which time the records and papers were in the hands of other persons. I have not made an examination of them since with a view of determining whether such records have been preserved. By close investigation it might be determined pretty accurately from other date what it was.

Question. What time did your division advance on the morning of the 9th, after the battle of Perryville?

According to my recollection it was nearly midday. About 9 o'clock in the morning of the 9th I received orders from General Thomas, who was at that time second in command of the army and who more particularly marched with and supervised the corps of General Crittenden, to withdraw my division from its position in the general line of battle and which it had taken up during the afternoon of the 8th on its arrival in the neighborhood of Perryville, and place it in reserve in the rear of the divisions of Smith and Van Cleve. I obeyed this order, and subsequently, when the divisions of Smith and Van Cleve moved forward toward Perryville, my division followed them into the town and a little way beyond to the spring, where it encamped for the night.

Question. Was General Thomas aware that two brigades of your division were well advanced toward the town at that time?

I think he was informed of it, sir.

Question. Was it reported to you on the morning of the 9th that the enemy was marching off in sight of your advanced brigades?

Not until later in the morning than 9 o'clock, and after I had sent an order by the aide-de-camp for the two advanced brigades to fall back and take up a position in the rear of the divisions of Smith and Van Cleve.

Question. Do you know whether the enemy had retired at that time?

I cannot state of my own knowledge that I know it, but the reports made to me subsequently indicated that fact to be true.