The PRESIDENT. Allow me to interrupt you. I wish the judge-advocate to read the resolution adopted lately regarding the order of examination of witnesses.

General BUELL. It would be proper for me at this time to urge my right to re-examine the witness upon any new matter introduced either by the judge-advocate, or any member of the Commission. I ask the decision of the Commission upon this question, and I do it without argument.

General SCHOEPF. I would like to know what is General Buell's idea as to what new matter has been introduced in this cross-examination.

The PRESIDENT. It is inquired of you, General Buell, by a member of the Commission, what is the point upon which you wish to examine the witness.

General BUELL. What I ask is a decision upon the principle and not upon the particular question i wish to put. They are different questions entirely.

(The court was cleared, when the decision of the Commission was reaffirmed, and on the opening of the court was announced to General Buell.)

General BUELL. Mr. President, as the right to cross-examine this witness upon the new matter introduced has been denied me, I will

suggest to the member of the Commission who examined last an inquiry which may further the object of his investigation. I understand that object to be to ascertain under what circumstances emissaries of the rebel authorities were permitted to visit the vicinity of Lexington, as appears to have been done in the case of Keene Richards spoken of. I will therefore suggest to the Commission this question, and, if proper, I propose the question be put.

General TYLER. I would like to know what the question is before it is put.

The PRESIDENT. General Dana did ask one or two questions touching upon new matter, and though I am of opinion that both questions and answer were very unimportant, I think in this case it would be nothing but fair for the question of General Buell to be put by General Dana.

General ORD. before the question is put I propose that the judge-advocate rad the ruling of the court.

The PRESIDENT. Will General Buell suggest the subject of the question?

General BUELL. although the rebel troops may not have been actually in possession of Lexington at the time of the visit of Keene Richards to which you have referred in your testimony, nevertheless were not the rebel troops in possession of all that district of country and had they not virtually the entire control of it? That is the question.

The PRESIDENT. I understand General Buell wishes that question to be put by General Dana.

General BUELL. Yes, sir. But that is not the new matter upon which I proposed to examine the witness. That was in reference to the strength of Kirby Smith's force and which was entirely new matter.

General TYLER. I move that the court be cleared.

(The court was cleared. The question of General Buell is adopted by General Dana and put to the witness.)

The WITNESS. They had all that portion of country east and south of Lexington. That north and northwest of it was, I might say, debatable ground.