initiative and supposing him to have time to establish batteries and move them into position?

I would consider it a very easy military problem and have always supposed it to be an easy matter.

By General TYLER:

Question. Has not the passage of rivers and obstacles such as Dick's River presented by an inferior army in the face of a superior always been considered one of the most difficult military problems?

General BUELL. I would suggest that Dick's River is not a river, though it has the name; it is a defile merely. It is not the water that makes it difficult.

The WITNESS. It depends vastly upon the amount of bridging to be done and the amount of preparations necessary. I should consider that a retreating foe crossing a ravine of that kind, where there was no bridging and nothing to do but move over as soon as it arrived, if they had time to plant their guns to cover the face of their crossing with artillery of sufficient strength I should consider the crossing was certain.

Captain O. A. MACK (a witness for the defendant), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Captain, state your name and position in the service, if you please, and what position you occupied during the recent campaign in Kentucky starting from Louisville.

Captain O. A. Mack, Thirteenth Infantry, attached to the staff of Major-General Thomas as inspector of artillery, and have served in that capacity in the campaign referred to to the present time.

Question. With what portion of the army did you move during the few days previous to the battle of Perryville and subsequently?

After the first day from Louisville I moved with Major-General Crittenden's corps.

Question. What was the position of that corps relatively in the advance upon Perryville?

After leaving Bardstown that corps was on the right; previous to that time it had been in the center.

Question. Did you visit General Buell's headquarters on the morning of the 8th of October, the day of the battle of Perryville? If so, please state at what hour you arrived there and with what object you came.

On the 8th of October I was sent by Major-General Thomas to take a message to General Buell, to inform him that two divisions of General Crittenden's corps were in position about 2 1/2 miles from Perryville; that the Third Division was about 2 miles in the rear, still on the march. I left General Thomas about 12 o'clock, perhaps a little later. I did not know where General Buell's headquarters were, and I think it was about half past I when I reached there, although the distance was only about 3 miles. I delivered the verbal message to General Buell, and remained at his headquarters for some time.

Question. What time did you leave headquarters?

I think it was a little before 3 o'clock.

Question. Did you return with instructions to General Thomas? And, if so, please state what they were.

I took instructions to General Thomas. General Buell gave me a small map of the positions around Perryville, with the positions of the other two corps marked on this map in pencil, explaining to him their position; also indicating the general position which he wished General Crittenden's corps to occupy that night. The positions for General Crittenden's corps were; two divisions to be on the direct route to Perryville, a little to the right of the road; the Third Division, the division which I had reported in the rear, to take the right-hand road to Mitchellsville, and a brigade of cavalry to