used by them,as we were careful to move the rolling stock that was in our possession from that portion of the road.

Question. Did the rebels actually repair that road subsequent to the withdrawal of the Army of the Ohio from it?

They did. I was informed by scouts sent through Murfreesborough and in that vicinity that trains were constantly running through from Bridgeport to Murfreesborough. Deserters from the rebel army also gave me the same information, and stated that a bridge of some kind had been built over the Tennessee River, over which they were crossing their trains.

Question. Is it or is it not a notorious fact that road was used by the rebels while they were at Murfreesborough?

It is.

General SCHOEPF. Suppose General Morgan at Cumberland Gap had been ordered to destroy the railroad, and had done so as effectively as General Carter did, do you think that under those circumstances the rebels would have anticipated General Buell's army at Chattanooga from Richmond?

I do not know the extent of the damages done to that railroad line by General Carter. If but a single bridge were destroyed, or if two or more bridges within a short distance from each other were destroyed, and a practicable country road connecting the two extremes of the road were perfect,the detention would not have been serious if the rebels had rolling stock abundant on both sides of the break. The detention depending so much upon these circumstances, it would be impossible for me to say what the probabilities in the case presented would have been.

General BUELL. If it is not too late I would object to that question, for the purpose of avoiding a protraction of your investigation. It amounts in reality to the introduction of new matter, upon which, I suppose, beyond all doubt, I should be privileged to cross-examine again, whether it is introduced by the judge-advocate or any member of the Commission. The practicability of destroying this road by the force at Cumberland Gap would depend upon what rebel force was opposed to it in East Tennessee, and it would be necessary to elucidate that question in order that you may understand the matter well.

General SCHOEPF. The privilege was given yesterday to General Buell to cross-examine General Smith as much as he pleased. I do not consider that it is introducing new matter. No military man would consider that the occupation of Chattanooga and Knoxville would have left the railroad uninjured.

The JUDGE-ADVOCATE. By the rules governing a tribunal of this sort the court has a right to ask any question it may see fit, and such questions do not from grounds for cross-examination either for the Government or defense. That, I believe, is the rule, whether if be enforced by the Commission or not. But General Buell is under a misapprehension in supposing that any question put by a member of the Commission would form any ground for cross-examination.

General BUELL. The judge-advocate is right as far as concerns questions that have for their object to throw additional light upon matter that has been the subject of investigation either by the prosecution or defense, but he is not right where entirely new matter is introduced the object or tendency of which is to fix responsibility or blame upon the party who is virtually upon his defense before the Commission or before any other tribunal.

General SCHOEPF. There is no new matter introduced.

General BUELL. It is new matter distinctly. It distinctly proposes a new operation, which has not been the subject of investigation before the Commission, and depends upon the conditions I have explained to