tion makes the evidence; in no case does it do so. It is for the witness in his answer to say whether it is so or not. I think the objection is not well taken.

The court was cleared; when, after discussion, it was decided that the question should be put.

On the opening of the court General Crittenden proceeded as follows:

Certainly, if these things were so, I should consider it very remarkable.

Question. You say you heard more furious cannonading than at Perryville, before Corinth in an artillery duel; was such fighting without the knowledge of the general in command there?

I do not know whether the general commanding had knowledge of the firing or not. At Corinth, however, I should infer that he did. We heard the cannonading there from one end of the line to the other. I do not know where the general's headquarters were, but I presume he could hear the cannonading, though I have no knowledge of the fact.

Question. Did you ever know of one corps being warmly engaged, severely punished, and eventually driven back, while another corps stood calmly by looking on and rendering no assistance?

General BUELL. Mr. President, I certainly must object to this manner of examination. It is not fair, sir. It is more fair to me than it is to others who are involved in this investigation. The question insinuates something which is not true. It is not true in any sense that there was a corps by General McCook's looking idly on while it was engaged. The reports show that the corps next to it was quite sharply engaged itself, and sustained a loss, if I remember rightly, of as many as 1,000 men. And the corps did render assistance; that assistance may not have come in as good time as might be desirable, but it did render assistance. The question misrepresents the whole matter. It is most unfair. There is no necessity for pursuing this investigation in this way. As far as the question applies to me I do not think it affects me at all, but it is not fair to others who are not here to defend themselves; it is not fair to the country; it does not represent the matter fairly and honestly.

The JUDGE-ADVOCATE. The question is based upon some evidence that I have great confidence in and believe.

The court was cleared; when, after discussion, it was decided that the objection should not be sustained.

I knew of this fight at Perryville, and I know my own corps was there and offered no assistance. They were calm enough, because they did not know that the other corps had been engaged in a battle and was severely punished and driven back. I certainly never knew any corps standing by, with a knowledge of such facts, looking on without rendering assistance.

Question. Do you know that there was an order issued by General Buell to attack the rebels on the morning of the 9th; if so, at what hour of the day and what day was that order issued?

I believe I have filed before the Commission the only orders I did receive that I had to attack the next morning. My recollection about them is that one was an order from General Thomas, dated from General Buell's headquarters, which I think was written on the night of the 8th, that I might have my command ready to attack at daylight the next morning, and a note from Colonel Fry on the morning of the 9th asking what delayed the attack. I had received no order to attack at that time. About the time of the receipt of that note we commenced to advance, and did go into Perryville. I cannot be positive as to the time that note was received. Whether the order to advance emanated from General Buell or from General Thomas I cannot remember now. General Thomas was present when the advance began. I do not know from whom I received the order to begin to advance.