made, in connection with the statements of like witnesses who may be brought forward-if that is not putting a member of this Commission on trial, if it is not thereby intended to impeach the impartiality of a member of this court, I should like to know what it is. It certainly has no other object that I can see. If it is not a trial, what is it worth? But I hold that no honorable man or officer would consent to sit upon the court were his mind so influenced that he could not judge impartially. And I have not the authority to send for witnesses to show that this man is a low gambler and cannot be believed under oath. I could not do it if the Commission so ordered. What is the effect of this? It places a member of this court under an imputation that an honorable and sensitive man would not submit to without the chance of a fair trial.

I would ask why was not this fact, occurring prior to the organization of the court and known to General Buell, presented to General Halleck or Secretary Stanton? Why was it preserved till we are nearly through with our labors and have collected a vast quantity of evidence, when it is too late to remedy the difficulty by a reorganization if it should prove to be true? It is improperly brought in here, it forms no part of our investigation and cannot make any part of our record, and the best thing we can do is to expunge it.

I came to this Commission this morning intending to object to the further introduction of testimony of this sort and to make my argument upon it in the presence of General Buell; then he might reply to it. In the shape it has now assumed, however, I am unwilling that my objections should go to General Buell. There are other reasons that might be urged against the introduction of testimony of this sort as not only improper but illegal.

General SCHOEPF. I vote against sustaining the resolution from a feeling of delicacy, as I do not wish to appear as shrinking from an investigation. I never saw this man Wilson that I know of nor do I believe that I ever saw him, as at the time he says he heard this conversation I was confined to my room by ill health.

General TYLER. It is an extraordinary proceeding on the part of General Buell to bring this gentleman in to back up the testimony of a witness who has not yet testified before the Commission, although Colonel Mundy has been here in attendance over a month. General Buell introduces this witness just before closing our proceedings, and by him undertakes to kill the Commission by an attack upon one of its members. I do think it is rather too late to bring up from Memphis this unknown gentleman to back up Colonel Mundy's testimony that is not yet before the court; and after getting from the witness the language said to have been used, General Buell then wanted, by another question, to get the animus of the language used by General Schoepf.

General SCHOEPF. In regard to the witness' statement that I expressed an intention to use violence against General Buell, it may be that he heard something of the affair in Tennessee, when on one occasion General Buell visited the camp, when General Fry rushed out of his tent, seized General Buell's bridle, and took out his pistol to shoot him, thinking he was a rebel, and the next day General Fry told General Buell that if he came in again in that way he would dismount him. He may have heard of that, and that perhaps may be the origin of Mr. Wilson's testimony.

General ORD. The judge-advocate has alluded to his desire to express his opposition to this testimony in the presence of General Buell, and one of the members of the Commission has expressed not only disap-