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

By General BUELL:

Question. Will you state your name and residence, if you please?

M. A. Rapier, of La Rue County, Kentucky.

Question. Are you a member of the Legislature of Kentucky?

I am, sir.

Question. Had you an opportunity of observing the army of General Bragg on its passage into Kentucky last fall; and, if so, under what circumstances, and state what you know of the strength of that army, the number of regiments, &c.?

I had an opportunity of observing the army of General Bragg. The circumstances were these: I live directly upon what is known to be the Green River and Nashville turnpike road, near the foot of Muldraugh's Hill. The turnpike leads around the hill 1 1/4 miles and is about 25 feet wide. It was impossible for any army to pass except upon that orad of 25 feet. I became somewhat alarmed and did not remain at my house, but got upon the hill, where I could see the army pass. I endeavored to estimate the army by regiments. I numbered 142 or 143 regiments, the regiments running from 200 to 600. I numbered the wagons as they passed, about 2,000, with from 6 to 8 men to a wagon. As well as I recollect there were 180 pieces of artillery. I think that includes the caissons, or wagons for hauling the ammunition. I counted until dark and they were still passing; but how many passed or whether any more passed after I left my position I cannot say, but I left them passing.

Question. Your estimate of the artillery includes not only the cannon, but the caissons, battery wagons, and all the carriages belonging to a battery, does it?

Yes, sir.

Cross-examination by the JUDGE-ADVOCATE:

Question. By what means did you count these regiments; how did you separate them into regiments?

I counted and separated them in this way, sir: There seemed to be a rear guard behind each regiment. They were in very great hurry; seemed to be on the double-quick; and between the spaces and that which seemed to me to be a guard I numbered as regiments.

Question. At what time did you take your position on the hill that day?

About an hour after sunup in the morning.

Question. You say they were moving on the double-quick. Do you mean by that they were walking rapidly or running or what was their pace?

Some of them were walking very fast and some running.

Question. Was that pace continued during the day?

Yes, sir; it was.

Question. How many of these regiments did you count as to the number of men in each regiment?

One hundred and forty-two or one hundred and forty-three, sir. I counted various times during the day, and they invariably ran from 200 to 600; some 300; some 250; none higher than 600. I do not remember the number of times I counted the number of men in each regiment, but I counted various times during the day and found them running from 200 to 600.

Question. Do you recollect what you made the average number of the regiments?

My recollection now is that I then averaged them at 400.