state what he knows of the capture of Munfordville by the forces under Bragg, and why that post, being in his department at the time, was not sufficiently re enforced by him, or why Colonel Wilder was not ordered to evacuate in time to prevent a capture.

General DANA. I move that the same instructions be given the judge-advocate as were given in the case of Governor Johnson.

General BUELL. I could object to the introduction of General Wright as a witness upon the ground that the matter should have been a subject of investigation in the original proceeding of the Commission. I complain that Major-General Wright was not called at the proper time. I shall object to so much of the questions of the judge-advocate as he may propound to him in regard to the strength of the rebel army after the battle of Perryville, for the reason that he should have exhausted the evidence he had upon that subject before he closed his case.

The JUDGE-ADVOCATE. I wish to recall Mr. J. H. Cooper, of Lexington.

The question it was proposed to submit to Mr. Cooper were here read by the judge-advocate.

General BUELL. I do not object to General Wright being called, because there is matter that should have been explained by his testimony in the first instance. I complain that he was not examined at the proper time. I object to recalling this witness, Mr. Cooper, because in the first place in is not new matter upon which it is proposed to examine him. It is matter that should have been exhausted by the judge-advocate before he closed his case for the Government. I object to it also upon the ground that I have been precluded from calling witnesses that would have testified in reference to the matter that it is proposed to examine this witness upon.

The JUDGE-ADVOCATE. I wish to calk attention to the last statement of General Buell and say that he has not been precluded from calling witnesses who would have testified to the matter on which of os proposed to examine Mr. Cooper. It is not upon this point. I was willing to admit that the fact was well substantiated as to Kirby Smith's forces; it is as to the strength of Bragg's army after the junction of Kirby Smith's forces that I want settled.

General BUELL. The evidence of Mr. Cosby, whom I requested should be summoned, would have testified as to the strength of the rebel army. Every witness I named would have testified to the strength of that army after the battle of Perryville.

The JUDGE-ADVOCATE. I admitted that they would swear to what was the strength of the whole force of the rebel army.

General BUELL. I made n distinct statement as to what I expected to prove by these witnesses. I only stated the subject on which I wished to examine them.

The court was then cleared; when, on motion whether Mr. Cooper should be recalled, it was decided in the affirmative.

On the opening of the court the questions were read by the judge-advocate which it was proposed to submit to Colonel L. C. Houk.

General BUELL. I have no doubt that the evidence of Colonel Houk would be most invaluable. I understand that he is a most intelligent and refined man and I should be delighted to have him before the Commission, but I object to his testimony in the way proposed. I shall particularly object taking his evidence by deposition after he has been kept here, as I understand, for months, when he could have been examined during that time as well as at any other.

40 R R-VOL XVI