virtually the same as that which occupied East Tennessee and was opposed to our troops at Cumberland Gap last summer?

I have always supposed that the troops that Kirby Smith brought into Kentucky with in constituted a portion of the command that had been in front of General Morgan at Cumberland Gap, but supposed that other troops were still left there after Kirby Smith's departure on his Kentucky expedition.

Question. Do you know, in general terms, about the relative strength of that force and the force which occupied Cumberland Gap under General Morgan?

I have always estimated General Morgan's command at Cumberland Gap at about 10,000 men. I supposed that East Tennessee was held by about 20,000 rebel troops, and about 15,000 of that force I supposed Kirby Smith brought with in into Kentucky.

Question. Have you given any evidence before this Commission which implies that the security of the rebel's hold upon East Tennessee against any advance of the Army of the Ohio would have depended upon re-enforcements from Richmond?

I have not intended to convey any such idea. I do not believe that they were dependent on re-enforcements from Richmond at any time to hold East Tennessee.

General BUELL. I desire to ask the judge-advocate whether the additional testimony he proposes to introduce is to be confined to rebutting the evidence I introduced or to strengthening the evidence that he has introduced in the prosecution? I conceive there is a decided difference.

The JUDGE-ADVOCATE. The Government having rested in this investigation, the evidence introduced on the part of the judge-advocate can be only of a rebutting character. What the effect of that may be I do not pretend to say; it may strengthen my case or it may not; but it is purely within the rule of the law governing evidence introduced in that way.

General BUELL. I now inquire of the judge-advocate what information he has of the various witnesses that have been summoned from different places to appear before this Commission on the part of the defense? I remember Captain Merril and Lieutenant Sheridan, of the signal corps, who are now in the Army of the Cumberland; Major Cotter, of some Ohio regiment, who is also with that army; Captain Bingham, assistant quartermaster, who is also with that army; Colonel Ralston, a citizen of Tennessee; Mr. Carter and Mr. Smith, who are also citizens of Tennessee. There may be others whose names I do not remember at this time.

The JUDGE-ADVOCATE. I had a dispatch from General Rosecrans, informing me that those gentleman connected with the signal corps could not be spared from the active operations of the army, and suggesting that queries be put to them in writing, to be asked under oath, by the judge-advocate of the army, Major Skinner, which I submitted to General Buell yesterday, and I understood that that course could be response to my summons for those gentleman to appear before the Commission. This morning I received the following communication:

CAMP NEAR LA VERGNE, December 28, 1864-9 p.m.

(Post-marked Nashville, December 30, and signed by the late Colonel Garesche.)

MAJOR: We have just returned from a ride to the front and found your letter enclosing the summons for Lieutenant-Colonel Wood and Major Cotter. I laid it before the general for his orders, but he says he cannot spare either of them at this time. He regrets to disappoint the Commission, but deems it his duty to retain these officers with their command.

JULIUS P. GARESCHE.

27 R R-VOL XXVI