Major C. S. COTTER (a witness for the defense), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. State your name and position in the service of the United States.

C. S. Cotter; major of the First Regiment Ohio Artillery, and chief of artillery on Major-General McCook's staff.

Question. Were you on duty with the Army of the Ohio at the battle of Perryville?

I was.

Question. Were you taken prisoner by the enemy in that battle? If so, state where you were taken to afterward and when you were released?

I was taken prisoner on the 8th of October, on the Mackville road, about 50 yards on the left of the road, in rear of Russell's house. I was taken by Major-General Polk, and was taken to the rear as far as Harrodsburg. I was there released on parole on the 10th of October.

Question. Did you observe the movements of the enemy about Harrodsburg on the 10th of October?

I did, sir.

Question. What time did you return to the Army of the Ohio and did you report yourself at my headquarters?

I returned to the Army of the Ohio and was at your headquarters between 5 and 6 o'clock on the morning of the 11th of October.

Question. Did you visit my tent at that time for a particular object?

I did. Having observed the movements of the enemy, I thought it was necessary you should be prepared for them. I made for your headquarters the first firing I did on being released.

Question. Please state what report you made to me in regard to the movements of the enemy on that occasion.

I told you that on the morning of the 10th Kirby Smith had joined Generals Bragg, Buckner, Cheatham, and Hardee, and that he was moving with his whole force upon what I suppose was the Perryville road. General Smith was moving with his force of from 15,000 to 18,000, and while watching their movements I heard some little firing at the front, and couriers came back, riding very rapidly, and taking the direction to Camp Dick Robinson.

Question. Are you stating the report you made to me?

Yes, sir; and that I thought they were massing their troops on that road and that we should probably be attacked.

Question. What road do you refer to as the road on which the enemy was massing his troops?

The road running from Harrodsburg to Perryville.

Question. Did you state that the road on which they were moving was the Perryville road or one you supposed was the Perryville road?

The one I supposed to be the Perryville road.

Question. Was your report sucha as to leave any doubt upon that point or did you state distinctly that the enemy was moving and forming in our front?

I stated to you that they were forming on our front and that they had a heavy force of cavalry upon the Danville road and every indication that I could see or learn of was an indication of a movement to attack you.