Question. Have you had any communication with General Breckinridge since you returned to Lexington?

No, sir.

By General SCHOEPF:

Question. Were you aware of an order of General Buell that persons who went with the army to Tennessee and came back into Kentucky should be arrested?

General BUELL. I gave no such order. I request that the orders referred to by General Schoepf be read.

(General Orders, Numbers 49, is read, as follows:

GENERAL ORDERS, HEADQUARTERS ARMY OF THE OHIO,

Numbers 49. Louisville, October 26, 1862.

I. All recruits for the rebel army captured or arrested by troops of this command will be regarded as prisoners of war and sent without delay to Vicksburg, and there paroled and left subject to exchange.

II. All persons who have actively aided or abetted in the invasion of Kentucky by rebel troops within the last three months will be immediately arrested and sent to Vicksburg, Miss., and forbidden to return to Kentucky. This order will not be understood as including persons indicted or held by the civil authorities for trial, nor will arrest be made on suspicion or insufficient evidence of guilt.

III. Brigadier General T. J. Boyle is charged with the execution of these orders, and will give such special instructions as may be found necessary.

By command of Major-General Buell:

JAMES B. FRY,

Colonel and Chief of Staff.

General BUELL. The order refers to particular classes of persons, not to persons in general; it refers to deserters from the rebel service and to persons who have actively aided and abetted in the invasion of Kentucky in the army of General Bragg.

The WITNESS. I was not aware of any such order.

General SCHOEPF. Were you not arrested when you returned?

Yes, sir. I was not-I want to correct that by explaining-

General BUELL. I beg the recorder-

General SCHOEPF. I object to General interfering with the recorder all the time.

I reported myself to the commander of the post at Danville. I was not arrested I went and reported myself, and he gave me a letter to General Granger at Lexington, and I reported to him there.

By General SCHOEPF:

Question. Do you know that James Clay, of Lexington, raised a regiment in Kentucky before Kirby Smith left:

No, sir; he did not.

Question. Did he not issue a proclamation to the people to enlist?

He did.

Question. Did not a good many enlist or go with him to Tennessee for the purpose of enlisting?

I think not.

Mr. J. H. COOPER (a witness for the defendant), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. State your name and place of residence, if you please?

J. H. Cooper, 8 miles north of Lexington, Fayette County, Kentucky.