Question. You arrived at the conclusion by comparing the length of one of their regiments with your own?

Yes, sir.

Commission adjourned to meet December 22, 1862, at 10 o'clock a.m.

NASHVILLE, TENN., Monday Morning, December 22, 1862.

The Commission met pursuant to adjournment. All the members present; also the judge-advocate and General Buell.

General SPEED S. FRY (a witness for the Government), being duly sworn by the judge-advocate, testified as follows:

By the JUDGE-ADVOCATE:

Question. State, if you please, your name and position in the service of the United States.

Speed S. Fry; I am brigadier-general of the volunteer service.

Question. Did you accompany the march of the Army of the Ohio in the pursuit of Bragg after he crossed the Tennessee?

I did, sir.

Question. What was the condition of the Army of the Ohio as to discipline?

It was considerably demoralized.

Question. State, if you please, the cause of that demoralization, as far as you know.

There were two or three causes tending to demoralize the army. One was the want of supplies and the necessity of foraging upon a destitute country. Another was the idea that Bragg would be permitted with a large army to invade Kentucky. There seemed to be an intense feeling throughout the whole army on the subject of permitting the rebel army again to invade Kentucky. Officers and men felt that Bragg could have been checked before reaching Kentucky if proper diligence had been used.

Question. What estimate was placed upon the number of the invading army by intelligent officers, from all their sources of information, previous to reaching Munfordville?

From all the information obtained upon that subject the force of Bragg was estimated at 36,000. There were rumors, however, in the camp and throughout the country that Bragg had an army of from 50,000 to 60,000 men. The most intelligent officers with whom I conversed believed that Bragg's army did not exceed 36,000.

Question. You can state whether it was known at that time, that is, previous to your arrival at Munfordville, that Kirby Smith had invaded Kentucky, and what the object of Kirby Smith and Bragg was.

It was known before that that Kirby Smith had invaded Kentucky, and from all I could gather in regard to their object in this invasion it was to hold Kentucky as a part of the Southern Confederacy.

Question. You can state whether it was known at the time how Bragg was situated in reference to supplies and what expectation he had of forming a junction with Kirby Smith.

From the best information I could obtain Bragg was poorly supplied with provisions at the time of the invasion by his army. I could not ascertain certainly at what point they expected to form a junction; but, judging from events since that time, they must have expected to unite at Perryville or Harrodsburg.

Question. I ask you, general, in reference to the information or opinion held by the army at the time; that is, previous to the capture of