Question. Did you not see Colonel Harlan there that afternoon?

I do not remember seeing him.

Question. What was said about headquarters in reference to that firing at that time?

Most of the remarks made in regard to the firing were that they were probably shelling the woods or firing at skirmishers and that the enemy probably intended to make a stand. The firing seemed to remain pretty much in the same place; it did not appear to advance or recede.

Question. Do you say that General Buell's headquarters were about 3 miles from the ground occupied by General McCook; was it not in fact 3 miles from Perryville?

I think his headquarters were fully 3 miles from Perryville. The ground occupied by General McCook was, I think much farther to the left than Perryville. I rode over the ground but twice from where General McCook fought to General Buell's headquarters, and that was at night. I should think the distance was about 3 miles.

By General TYLER:

Question. You say the enemy's rear guard were often in sight of our advance guard and that skirmishing in consequence took place; do you suppose from this that Bragg's army was in retreat before General Buell's army?

I supposed that General Bragg was either retreating before the army or was going to select his own ground to fight upon.

Question. In throwing back General Rousseau's line was the particular ground he was to occupy pointed out and ordered by Major-General McCook?

I think not, from the fact that General Rousseau spent some time after General McCook left in reconnoitering the ground. The movement did not take place immediately on General McCook's leaving.

Question. You stated that General McCook's command would not be attacked in changing his line because it was in the night; was this the only reason? If not, what other reasons had you for supposing he would not attack?

I have stated in my answer that I thought it probable they would be fired on in withdrawing the guns, but that it would not be followed up by the enemy in the night-time, as I supposed it would be considered a dangerous thing, they at the same time knowing that there was a higher good position in the rear, where they would naturally suppose we would have a force posted to check them in case they followed.

Colonel W. P. INNES (a witness for the defense), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Will you please state you name and position in the service?

W. P. Innes; colonel First Regiment Michigan Engineers and Mechanics.

Question. Were you in command of your regiment during last summer?

Yes, sir.

Question. Please state the manner in which your regiment was employed from about the time that it left Corinth in June until the army marched into Kentucky in September.

It was employed in the month of June with eight companies rebuilding the Memphis and Charleston Railroad; two companies were employed during the same month between Huntsville and Stevenson rebuilding the bridges and assisting to operate the road. In July we were engaged on the Tennessee and Alabama road and on the