General BUELL. I wish to ask the witness whether these supplies that were procured by foraging parties, such as turkey, geese, chickens, pigs, sheep, &c., were the results of plunder.

The PRESIDENT. What does the Commission say?

General TYLER. I move that the court be cleared.

General BUELL. I will withdraw the question.

The JUDGE-ADVOCATE. If the court will permit I will ask the first question General Buell suggested.

General BUELL. I object to the judge-advocate asking the question. I desire to ask it myself.

The court was cleared; when, on motion, it was decided that the rule should not be suspended.

The witness was then dismissed.

Colonel MARC MUNDY (a witness for the defense), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Colonel, state your name and position in the service of the United States.

Marc Mundy; colonel Twenty-third Regiment Kentucky Infantry.

Question. Were you on duty with the Army of the Ohio in Middle Tennessee last summer? If so, state where, for how long a time, and the different localities.

I was on duty with the Army of the Ohio in Middle Tennessee. I was first ordered from Nashville with a squadron of cavalry and my regiment of infantry to occupy Lebanon, Tenn. That was in the spring. I remain at Lebanon some six weeks. I went from there to Murfreesborough, and during the month of May - I cannot give the exact date - I went with my regiment and a section of artillery and 500 cavalry to Pulaski, Tenn., where I remained till about the 4th of July. After being relieved from court-martial duty at Huntsville I rejoined my command at McMinnville some time in August. I remained with the Fourth Division of the army until it returned to Louisville, Ky., where it arrived about the last of September or the beginning of October.

Question. How long were you at McMinnville?

I was at McMinnville altogether about two weeks. I should state that I was at McMinnville three times. I went from McMinnville to Altamont and returned to McMinnville. I then went from McMinnville to Murfreesborough and returned to McMinnville, and then returned from that place to Murfreesborough.

Question. In what condition did you find the country around McMinnville in regard to supplies for subsistence and forage for the army?

Subsistence of every kind was very scare; not enough to supply the army by any means. There was no forage except green corn and hay, and the corn was too green for the use of our stock at the time I speak of. Roasting-ears were about ripe enough for the use of the men, but too green for horses. There was some hay. We had to rely upon our subsistence department at Murfreesborough for our supplies entirely, except as to the green corn we got from the country. My command had only half rations while at McMinnville, owing to the difficulty of getting supplies down from Murfreesborough. I saw few, it any, cattle. Those I saw were not fit for use - what we Kentuckians call "scrubs," big-headed cattle, very poor and small. Hogs were also very scarce. I know it was with great difficulty we could keep our division supplied with the necessaries of life. I mean the Fourth Division, under the command of General Ammen. I saw no wheat there. The wheat crop had been gathered, I suppose, but I understood there was very little wheat in the country; in fact the country had the appearance of having been cleared our before I got there.

Question. Is it a productive country about McMinnville; how does it compare with the rich country of Central Kentucky?

It compares very poorly with the rich country of Central Kentucky. I should judge the soil is very thin. The corn crop was what I should call a very light crop. The