have not had the privilege of seeing it, but I have been informed that General Buell has such documentary evidence.

General BUELL. I called the attention of the Commission yesterday to the fact that some of the witnesses whom the judge-advocate has been permitted to call for rebutting evidence are within reach of the Commission now. I mentioned Parson Brownlow and General Wright.

The PRESIDENT. An order has been issued to call Parson Brownlow before the Commission.

General BUELL. General Wright is in attendance.

The PRESIDENT. Do I understand that General Buell is through with his witnesses?

General BUELL. No, sir.

General DANA. I suppose the same rule applies to calling witnesses for the Government as for the defense. If there are witnesses in the vicinity whose presence is not assured to us in future, I suppose we can introduce them in the same way that General Buell introduced witnesses for the defense before the prosecution closed. It certainly would not be right for us to allow witnesses to leave who are now within reach of the court and take their evidence by deposition.

The JUDGE-ADVOCATE. We have a law authorizing the taking of depositions which we had not at the time referred to. If a witness goes away his deposition can be taken as in a civil case. I can have General Wright and Mr. Brownlow after General Buell gets through with his evidence, and I propose that he should close.

General DANA. How about Colonel Fry?

The JUDGE-ADVOCATE. I propose that we take his deposition. We cannot get him here; he is not allowed to leave the War Department and we are not permitted to go East. But the documentary evidence of the examination of General Wright I insist should be disposed of before we proceed with rebutting evidence.

General BUELL. The judge-advocate has already proceeded to take the deposition of witnesses who are within half an hour's walk of this room - witnesses that he calls rebutting witnesses. The judge-advocate claims that he did not intend to proceed with rebutting witnesses, when he had actually done so. He now insists upon my closing my case. On of the witnesses is now in Washington. When he comes to the question of bringing witnesses before the court, then he insists upon a certain order of procedure, when he has before instituted a different order.

General TYLER. I am not aware that I have instituted a different order of procedure. There were five of us originally, and if there is any censure due I am willing to bear my part of it.

General BUELL. I speak of Brigadier-General Tyler as a member of the Commission. I do not speak of him personally. And perhaps I am wrong in assuming that he had anything to do with the order that was passed some days back directing that the depositions of certain witnesses should be taken. I may be wrong. I am willing to admit that I was wrong in assuming that he had anything to do with it.

The JUDGE-ADVOCATE. I ask nothing that is unreasonable in insisting that General Buell close his case before I introduce rebutting evidence.

General BUELL. I would call the attention of the Commission to another fact. Notwithstanding the order of the Commission that Governor Johnson should be introduced, I have since been notified that the judge-advocate will proceed to take the evidence of Governor Johnson