coupled with a few oaths, demanding of General's Sheridan why we had been ordered out of those woods.

Commission adjourned to meet December 24, 1862, at 10 o'clock a.m.

NASHVILLE, Wednesday Morning, December 24, 1862.

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

Colonel C. G. HARKER (a witness for the defense), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Will you state your name, rank, and position in the service of the United States?

C. G. Harker; colonel of sixty-fifth Regiment Ohio Volunteers; commanding Twentieth Brigade, Sixth Division.

Question. State, if you please, colonel, what march you made on the 7th of October last, as the army was approaching Perryville; where you encamped, and at what hour you marched the next morning.

We left camp in the vicinity of Springfield, Ky., on the morning of the 7th. After marching slowly all day and all night of the 7th we arrived at camp on the stream known as Rolling Fork about daybreak on the morning of the 8th. We took up the known as Rolling Fork about daybreak on the morning of the 8th. We took up the line of march about 11 o'clock or somewhat after, and started in the direction of Perryville. The march was retarded by the trains and troops in front causing delay.

Question. Was you camp on the night of the 7th on the direct route to Perryville?

It was not, sir; we turned off the direct route in order to get water; we were informed there was no water on the direct route suitable for the troops and animals.

Question. Do you know where you were expected to have encamped that night?

We were expecting to encamp 2 1/2 miles from Haysville, at a point about 6 or 7 miles from Perryville.

Question. How much did your march to get water on the 7th take you out of your direct route? What distance was lost in your march of the following day?

I have learned from 3 to 4 miles.

Question. State, if you please, what position you took when you arrived near Perryville and what you command did, what you saw and what your command did on the evening of the 8th and morning of the 9th, and what you saw of the movements of the enemy on the morning of the 9th.

About half past two o'clock on the day of the 8th we received orders from General Crittenden, through General Wood, to go forward with my brigade, and arrived at a point on the right of Colonel Wagner at a late hour in the afternoon. We had previously received orders from General Wood to form in line of battle on the right of Colonel Wagner's brigade. At that time there was some artillery firing on the left. No enemy could be seen in our front and my troops were not engaged. After having formed in line of battle we received orders to advance to the front, which we did; perhaps we advanced three-quarters of a mile from the position where we first formed in line of battle; we still saw no enemy in our front. It then being about dark, we received orders from General Wood to fall back in some timber and bivouac for the night, which was done. Some time during the night orders came from General Wood to be in readiness to march at daylight. I believe he said "march;" he may have said "attack." The order was a verbal one. My command was under arms as per order, but received no further instructions from General Wood or any higher authority

16 R-VOL XVI