ber of Bragg's army in Kentucky, I wished to call the attention of the witness to it, to see whether his memory was exact in that, and now far ne could explain the comment made upon it yesterday; that was all.

General BUELL. My impression is that the controversy referred to was made the subject of testimony by the judge-advocate himself, and I should like to have the record examined to determine whether that is so or not.

The JUDGE-ADVOCATE. In every instance the witness had said he knew nothing about it. I have alluded to it several times and the witness has said he did not know anything about it.

General BUELL. I repeat my request that the record be examined as to whether the subject was introduced by the judge-advocate. The questions which I refer to are in the first part of the cross-examination by the judge-advocate. The first question is (General Buell reading from the record of January 29):

You saw Bragg's report, did you not, of that expedition into Kentucky and the letters and comments of the rebel press upon it after it occurred?

The second question is:

You cannot then, state what estimate the rebels placed upon our forces immediately after the expedition?

And I wish to say here that my impression is that the question is not properly recorded, and I submit to the judge-advocate whether it is or not. You may judge from memory or from the context as to whether it should read "our forces" or "their forces." I had myself seen no article in which the strength of the rebel army was alluded to in any manner in figures, unless the article of Mr. Forsyth should be considered as pretending to make an estimate of this strength, and therefore I alluded to that article in particular; so that I consider the subject was introduced by the cross-examination, and it was for that reason that I took it up in the further examination of the witness. I present the question to the Commission and the judge-advocate as to whether that question is correctly recorded in that one word, as to whether it should be "our" or "their" forces. It can be determined by the context better than by the recollection as to which word was used.

The JUDGE-ADVOCATE. My recollection is that it is correctly recorded. General Boyle had stated in his examination-in-chief that Bragg and his officers overestimated the force under General Buell, and hence his hurried retreat from Kentucky. In the cross-examination I asked this question, as it is recorded:

You cannot state, then, what estimate the rebels placed upon our forces?

General Buell does not seem to appreciate the statement that I made in reference to this criticism. I have referred to it repeatedly, but never for the purpose of bringing it before the Commission, but for the purpose of testing the information of the witness who happened to be upon the stand. Yesterday General Buell referred to this criticism and quoted a portion of it, and I therefore claim that he introduced this correspondence that I examined the witness upon this morning.

General BUELL. Then, Mr. President, I may answer that the frequent reference to this correspondence by the judge-advocate in his examination justified me in fortifying myself against any use he may design to make of that correspondence in the first place, and I may say also that I can give the same reason that he gave for examining the witness with

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