all tribunals, I believe, which gives either party the privilege of recalling any witness at any time while his side of the investigation is yet open. He may be dismissed for the occasion and called up again as if he had never been to give evidence. I think the possible tendency of the resolution is to debar me from that justice I have a right to expect. The proceedings thus far have been conducted with that deliberation and in that manner which the judge-advocate has deemed best for himself and the Government, to restriction having been placed upon him in any way, and I do not understand why these cramps should be put upon the case upon the side of the defense. I will state that the object of this protest is to ask a reconsideration of the order and a revocation of it. I do not propose myself to subject the Government to any greater inconvenience than may be absolutely necessary for the ends of justice.

The JUDGE-ADVOCATE. I believe, as I have stated before, that it is customary in all tribunals to retain witnesses till the trial is through, that they may be recalled at any time. I have nothing to say upon the rule offered by the Commission except this: that having closed the case for the Government I cannot introduce any new matter, and therefore one reason why the witness should be retained for the purpose of questioning on anything that may be introduced on the part of the Government is removed. So far as the judge-advocate. So far as the judge-advocate is concerned the line of inquiry to be pursued is marked out by the Government. We are called upon to investigate certain facts connected with the operations of the Army of the Ohio in Kentucky and Tennessee, and I do not consider it my duty, nor do I think it would be proper, nor have I, to introduce any witness with the preamble as to what I expected to prove by that witness, nor have I made any comments on the facts brought forward. That is for the Commission to weigh and determine for themselves. I have called witnesses who have been supposed to know something about the facts of the case, and most of these witnesses have been summoned upon a consultation with General Buell himself, and having called them I have permitted them to state what they knew about the matter. It will be further observed that in a majority of instances General Buell has made the witnesses his own by the introduction of new matter while

cross-examining.

General ORD. I move that we reconsider the resolution.

The court was cleared, when, after discussion, it was resolved not to reconsider the resolution.

The court being opened-

The PRESIDENT. There being nothing in the rule to prevent the detention of General Smith upon a sufficient reason or necessity shown by General I will ask the general to state to the Commission his reasons for desiring to recall him.

General BUELL. I do not wish to detain Captain Jones any longer. I wish General Smith to appear before the Commission upon matter which has been introduced in the documentary evidence submitted by the judge-advocate since General Smith's examination. Will you summon General Smith?

The JUDGE-ADVOCATE. Yes, sir.

General SCHOEPF. Is not General Smith in Cincinnati?

The JUDGE-ADVOCATE. No, sir; I gave him permission to leave, as he could be summoned by telegraph at any time and be here in a few hours.

The court was cleared, when, after discussion, the Commission decided that General Smith would not be recalled, as the Commission