Question. You say you were arrested and released previous to your going to Louisville and I ask you upon what grounds you were released?

There were no charges preferred against me. I was arrested by some soldiers and released.

Question. You were not then released upon the order of Kirby Smith?

No, sir; by the provost-marshal..

Question. Was Kirby Smith under the impression when you went to Louisville that you were a Union man?

Yes, sir; I was so represented to him by his aide, Captain Allen, who went with me and procured a pass for me. He also gave me a special permit for myself and Mr. Kenny, my partner, to protect seventy-five or eight mules that we had bought for the Government and that were then on the road to Cincinnati; they had not been delivered to the Government and he gave permission to Mr. Kenny to bring them to Cincinnati, which he did, and they were sold to the Government.

Question. Did Kirby Smith know at that time you had been in the service of the United States at Richmond?

No, sir; I did not consider that I had any office when I went out temporarily. I had no commission; it was all volunteer on my part.

Question. Was this liberality on the part of Kirby Smith a common thing at that time?

Yes, sir; when he first arrived there. They were then on what I call their good behavior; but they afterward became pretty severe.

Question. This good behavior, I understand you to say, extended to the protection and delivery of seventy-five mules for the United States?

It extended to me and Mr. Kenny as individuals.

By General TYLER:

Question. You say you counted by divisions; how many divisions did you count; who commanded them?

I do not know whether I could tell all the divisions or not; I made no memorandum at the time. There were Cheatham's, Leadbetter's, Preston Smith's, Morgan's, and Marshall's. I do not recollect the names of the other commanders, sir.

Question. Did Marshall and Morgan command divisions?

They had separate commands. I do not know if they were entirely to themselves or not. I know the fact of their being called generals.

Question. Was there any great inequality as to the numbers of the divisions that you counted?

I do not recollect. My impression is that Cheatham had the largest division that moved down the Maysville road toward Cincinnati when they passed through Lexington, but I do not remember now the number that he had. I never expected to be called on to testify; it was merely a matter of curiosity with me.

Question. How large was Leadbetter's division, sir?

I do not recollect, sir. I cannot give you the number of any particular division now. I kept no memorandum of any division; we counted them as they came in.

Question. Then I understand you to say that Leadbetter's, Cheatham's, Preston Smith's, Marshall's, and Morgan's divisions made your whole amount of troops 20,000 men?

And the balance of them-I do not know who they were commanded by-make the number.

Question. How do you account for this balance? Where did they come from and where did they go to?

They came to Lexington; some of them marched toward Cincinnati and some of