touching any point that any member of this Commission should fell it his duty to inquire into, I think that is a question asked by him simply in the line of his duty, no more no less, and that he has a right to ask such question at any time in this examination. If I should see fit and proper to ask a question on a subject no referred to by the judge-advocate or General Buell, I hold that I do not put myself by so doing in the attitude of an accuser; by on means.

General BUELL. I wish to be distinctly understood as not denying the right of any member of the Commission to cross-examination. I wish to be distinctly understood as not meaning to charge that the exercise of this right by any member of this commission, which is undoubted, puts him in the attitude of an accuser or anything of the sort. It is perfectly in accordance with the rules practiced in courts-martial or courts of inquiry, and I do not deny it at all. It is simply the manner or matter of investigation which determines whether it is in the nature of a prosecution or accusation, and whether the questioner puts himself in the attitude of an accuser or prosecutor.

General SCHOEPF. That statement is not in accordance with General Buell's practice. He stated that a member of the Commission had placed himself in the attitude of an accuser and now he states directly the opposite.

The court being cleared, the Commission decided that General Buell's objection be sustained and that the objection to the question was not too late.

By the JUDGE-ADVOCATE:

Question. You stated in your testimony that after the battle of Corinth a portion of the enemy's army was sent by rail to the vicinity of Chattanooga. Please state by what railroad and how you came by this information.

I stated that it was supposed that a portion of the rebel force had been so moved, the supposition being that they went by way of Mobile; that a portion of them were also marched across the gap, if any existed, in the road from Meridian to Selma (I think that is the name of the other terminus), and were transport around from that point to Chattanooga. Those reports I got from officers with whom I conversed. I had not other sources of information.

Question. What officers were these?

I talked frequently with Colonel Fry, chief of staff to General Buell, and with a great many officer of the army of the Ohio whom I met from day to day.

Question. Has not your experience in the army since this war began taught you that, taking the best information that you could obtain as to the enemy's force, you had to make an allowance of a very heavy percentage as to their number?

It has; and such an allowance I have made in all the estimates I have given of the enemy's supposes strength.

Question. What were you means of obtaining information when you had an independent command?

I had the reports made to me by scouts that I sent as far to the front as possible; I also heard the report of scouts made to General Buell at his headquarters while I was in camp near him at Dechered. I also received information from refugees that were constantly arriving from within rebel lines.

Question. State, as nearly as your memory will permit, the names of such scouts and refugees as gave you information upon which you relied.

There was Mr. Flemming, whom I employed frequently as a scout, and now a captain in the First Tennessee Cavalry. There was also and old man who lived in Wartrace,