Question. Did you consider it right to violate your parole as you did in reporting to General Buell in regard to the movements of the enemy?

General BUELL. I object to the question, Mr. President. It is not necessary for any purpose of this investigation, and it is not the province of the judge-advocate to admonish this officer. I presume the Commission itself will not undertake to admonish him.

The JUDGE-ADVOCATE. The witness appears upon the stand precisely as any other witness would do and gives us a statement of facts. I have a right to inquire into his status as I would into that of any witness coming before this or any court. Now, I want to know whether this witness considers it right to violate his oath given under those circumstances; if he does, it may have a decided influence in the estimate of he facts he lays before us.

General BUELL. I desire to express my astonishment and my regret that this method should be adopted of instructing officers in regard to their duties. I do not think it is necessary nor do I think it is in good taste.

The court was cleared; when, after discussion, it was resolved that the objection should be sustained.

Question. State to the Commission whether you consider that you violated your parole in giving that information to General Buell.

No, sir; I did not.

Question. Did it turn out subsequently that the information you gave was correct?

I do not know, sir. I left the same day for the rear. I wished to remain, but was not allowed.

By General SCHOEPF:

Question. Were you with General McCook during the battle of the 8th. And, if so, please state where his position was from 12 till 4 in the afternoon of that day.

I was at the front when the battle commenced, and did not see Major-General McCook till 12 o'clock. I saw him several times on the field during the battle. At 4 o'clock he was with me at the point known as Russell's house. I did not see him afterward, as I was taken prisoner. I was in charge of the five batteries of artillery, that I was working to the best advantage that I could, according to my judgment, and consequently did not see the general only when he came by. I saw him several times riding by.

Question. What time in the afternoon did you first see General McCook?

I could not state positively what time; I should judge somewhere about 2 o'clock, when I rode up to him and told him I wanted some support for one battery, and he gave me the requisite order to move up the Thirty-eighth Indiana, Colonel Scribner's, to support Simonson's battery. I moved that regiment up and was engaged with my batteries and consequently did not see him. I saw him several times riding along the line of battle. I distinctly remember seeing him at 4 o'clock near Russell's house, where I placed two pieces of Hotchkiss's Minnesota battery. I showed him the rebel lines where they were planting a battery, and before we got away they fired upon us, and he immediately sent back to the end of the line. I was engaged upon the right entirely and did not go to the left at all. When I say the right of our line, I mean the center, to the right of McCook's corps.

Question. Was General McCook aware that the battle was in progress when you first met him?

He must have been aware of it, because they had been cannonading for some half or three-quarters of an hour before I saw him.