On the court being cleared, it was decided by vote of the Commission that the testimony of Colonel L. C. Houk should be taken by deposition.

On the opening of the court the questions to be submitted to Captain Mussey were read by the judge-advocate.

General BUELL. I shall object to this witness for the reasons I have stated generally in reference to others.

The PRESIDENT. Who is this Captain Brent, referred to in the questions? Is his evidence of any importance; and, if so, is it not new matter?

The JUDGE-ADVOCATE. It is respecting a matter which had come to my notice since this investigation commenced. I do not attach much importance to it. The drift of it is that the condition of things at Munfordville was known to the commander-in-chief.

The court was then cleared; when, on motion that Captain Mussey's evidence should be taken by deposition, it was decided in the affirmative.

General BUELL. I understand that he is now actually in the city; do you propose to call him before the Commission?

The JUDGE-ADVOCATE. No, sir; I propose to receive his evidence by deposition.

General BUELL. Is it pretended that this witness has been here only since the prosecution was closed?

The JUDGE-ADVOCATE. Yes, sir; I have had no opportunity of examining him since he has been here.

General BUELL. His he not been here all the time?

The JUDGE-ADVOCATE. All the time that the defense has been going on.

General BUELL. It appears to me that I saw an officer of that name when we first came to this city. If I remember rightly, he has been hovering about the Commission room from its first sitting here.

The JUDGE-ADVOCATE. You cannot mistake him when you once see him.

The PRESIDENT. Do I understand you that you have tried to introduce him.

The JUDGE-ADVOCATE. No, sir; I had no right to introduce him at the time I had him at my command here; that is, while the defense was going on.

General BUELL. I state to the Commission that I believe this officer has been in the city here from the very beginning of your session in this city.

The JUDGE-ADVOCATE. That, I believe, is a mistake, general; at least if he was it was without my knowledge. When he first came to me I told him the defense was going on and that I could not examine him.

The PRESIDENT. When did you send out the subpoena for him?

The JUDGE-ADVOCATE. I do not recollect the precise date.

General BUELL. I request, then, that this witness, as he is here to testify, be called before the Commission.

The JUDGE-ADVOCATE. I do not think his evidence is so important as to delay the Commission in its movements, and if General Buell insists upon it that the witness shall be brought into court, and if it is going to delay the Commission, I shall dispense with his examination altogether.

The PRESIDENT. If the witness is here in the city I see no reason why his deposition should be taken. The philosophy of taking depositions is to obtain evidence in the necessary absence of a witness, when