was over and we were marching back to Louisville. As long as we were in the presence of the enemy the officers of the command never objected to his commanding the brigade, but after they got back to Lebanon I believe they did offer some objection to it, and he was removed for that reason.

By General DANA:

Question. Do you know whether Colonel Milliken, of the First Ohio Cavalry, gave his consent to being under the command of Captain Gay?

I do not know whether he objected to it or not. When we were at Lebanon he had been sent off the Munfordville with a separate command. If he had objected he was, I presume, relieved from duty under Captain Gay.

Question. Do you know by whose authority Captain Gay was first placed in command of the brigade at Louisville?

I always supposed it was by General Wright's authority; but I do not know.

Question. Do you know anything of the circumstances of Captain C. C. Gilbert being placed upon duty as major-general in command of an army corps?

Previous to our arrival at Louisville I remember seeing one or two dispatches which were signed "C. C. Gilbert, major-general, commanding." When we arrived at Louisville, though he had then been superseded by General Nelson, he had been previously in command of the Army of Kentucky as major-general. He wrote the uniform of a major-general, and in the reorganization he was made one of the corps commanders. Before the death of General Nelson he was left in charge of Louisville, and being next in rank he was placed in command at Louisville. When General Nelson was killed he was given the command of one of the corps. I always supposed he was a major-general until some circumstances arose and I was directed to call upon him for his commission and the date of his appointment, and it was found that he had been appointed a major-general by General Wright, subject to the confirmation of the President. He was then called upon for the date of his commission as brigadier-general, which was found to be September 25. We were then marched back to Lebanon, and a few days afterward. I thinking the order relieving him from the command of his corps, and assigning him to a new command, which included the troops on the line of railroad, he was styled brigadier-general. I did not hear General Buell say anything about it, but I remember Colonel Fry expressing his astonishment that he was not a major-general. He told me he supposed he was, as he had worn the uniform and styled himself major-general.

Question. Do you remember the date of General Nelson's death?

I think it was the 30th September.

Question. During the time that General Gilbert was acting as a major-general in command of the Army of Kentucky was he then a captain in the regular service and not a general officer?

I am not positive as to the date of his appointment as a brigadier-general, but I know it was some time in September. I suppose at the time he was in command of the Army of Kentucky he was only a captain in the Regular Army.

By the PRESIDENT:

Question. Was he captain of an infantry regiment or in the quartermaster's department?

He was captain of an infantry regiment.

By General DANA:

Question. On the 8th of October did you receive from General Gilbert any message directed to General Buell? If so, what was it and did you deliver it?

As I came back from General McCook I met General Gilbert and stopped to speak to him for a moment. He spoke of a fight which was going on the left of General McCook. There was a battery which we could see firing across in reply to one of General McCook's batteries, and he told me it was evident the enemy were massing their troops against McCook's, and he said "Thomas is the man that ought to be pushed