Question. And to whom did you report direct?

I report to and am under the order of Major Albert J. Myer, Signal Officer of the Army.

Question. Are you under the immediate command of the commanding officer of the army under whom you are acting?

I am.

Question. Do you make daily reports to the commander-in-chief of the operations of your corps?

I make now a semi-weekly report. To General Buell I made a daily morning report of the efficiency and strength of the corps, and the operations of the corps are reported to the commanding officer of the army when they do any work.

Question. Was there any order communicated by the signal corps on the 8th or 9th of October not cited in your testimony as yet?

There is one, I think, from General Gilbert on the 9th.

Question. What is that order?

(Official.)

To General BUELL:

Mitchell is close to the town and Sheridan closing up his right with Mitchell. His left retired, waiting for McCook to close up. McCook closing to his right slowly. When connecting is complete and ready to advance Sheridan will move his left forward even with his right.

GILBERT.

Question. Then I understand you to say, captain, that we have on record the result of all the operations of the signal corps on the 8th and 9th of October?

You have, so far as I know them.

Question. You would from your official position know all, would you not?

All official business that went over the line I would.

Colonel JOHN KENNETT (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; whether you have been in the service of the United States, and in what capacity, and when you left the service.

My name is John Kennett; colonel Fourth Ohio Cavalry. On the 5th of September, 1862, I was detached in command of the First Cavalry Division. On the 25th of February, 1863, I resigned.

Question. Were you on duty in North Alabama from the time of the occupation of that country by our troops and did you continue so until they were withdrawn?

Yes, sir.

Question. State what the condition of your regiment was about the 1st of July last in regard to its horses and other necessaries affecting its efficiency.

Our regiment had been ordered about so much in North Alabama and Tennessee that the horses were all worn-out; that, however, was under General Mitchel, before General Buell came on from Shiloh. About that time, when we were waiting to get other horses, our clothing was defective, and so with respect to other quartermaster's stores.

33 R R-VOL XVI