Question. Have you seen the published report of that battle by General Rosecrans; if so, do you remember whether he states that that corps was routed?

General TYLER. I object to the question, Mr. President, simply on the ground that it relates entirely to the battle of Stone River, and has no connection with the campaign of General Buell in 1862. I have no objection except that it is encumbering our record with matters in no way submitted to the consideration of this Commission.

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

The WITNESS. I have seen and read the published report of General Rosecrans, but I did not remember nor do I now remember that the expression "rout" was used. General Rosecrans' report that that corps was routed would not alter my opinion. As I stated before, I do not consider a corps as routed that, when support is brought to it, can be stopped in retreat and reformed in a short space of time. They were in considerable confusion and had been very roughly handled by the enemy, but I do not consider that the corps was routed.

QQuestion. What was the relative condition of the two armies after these two battles with regard to their fitness and ability to pursue the enemy?

At Perryville the enemy retreated immediately after the battle; at Stone River the question was whether we should retreat. The great question to be decided on the 31st (Stone River) was as to whether we could maintain our position or whether we would not have to fall back. The enemy remained for three days and attacked us frequently during that time at Murfreesborough. The condition of the army at Perryville was unquestionably far better for the pursuit of an enemy than was the condition of our army at Stone River.

Question. Upon the retreat of the enemy being known in these two instances after each battle were they first pursued when at Perryville or at Stone River by the whole of our army?

They have never been pursued at Stone River, to my knowledge, at all. They were pursued very shortly after the battle of Perryville, to a certain extent, the next day.

Question. In regard to the damage suffered by the whole army, at which of these two battles-at Perryville and Murfreesborough-do you consider that it was greatest in proportion to the injury inflicted upon the enemy?

It is a very difficult question for me to answer, because I lost a number of esteemed friends at the battle of Perryville and a considerable number of valuable officers were lost to the country. And perhaps an equal number of officers were lost at Perryville as at Stone River, but I do not happen to know them so well and could not appreciate them as I did my on friends. With reference to the damage done to our whole army in proportion to the damage inflicted upon the rebels at the two battles I cannot answer certainly, for I do not know the loss of the enemy at either of the battles. If the enemy were as numerous at Stone River as General Rosecrans supposes, my impression would be that the rebels had suffered, in proportion to their numbers, more at Perryville than at Stone River; but I do not think the rebels had so large a force at Stone River, and I am inclined to the opinion that they suffered more damage, in proportion to the numbers engaged, at Stone River than they did at Perryville. It was a much longer fight, and they were repulsed in several very fierce and bloody attacks which they made on portions of our lines. I think the damage inflicted upon our army, in proportion to the numbers engaged, was greater than the damage inflicted upon our army at Perryville.

QQuestion. Was or was not the movement of the Army of the Ohio, when concentrated, upon learning that General Bragg had gone up the Sequatchie Valley and afterward followed it, a retreat?

No, sir; as soon as we found we were concentrating, the general opinion undoubt edly was that it was for the purpose of fighting General Bragg's army at some point.

Question. What was the extent of the straggling and desertion by