Question. What observation did General Thomas make at the time as to the order?

I do not recollect that he made any observation at all.

Question. What time did you report to General Buell on your return to camp?

I have already stated, about half past 9, I should judge.

Question. Did you report that General Thomas had not obeyed the order?

I did not report in those words. I have already told how I reported.

Question. Have the goodness to repeat it.

He said that the enemy was in strong force on his front and that an advance of 100 yards would bring on an engagement all along the line, and that he would advance in the morning with the first sound of an action on the left; and I was given to understand that he would ride over to our headquarters himself in the course of the night; I so understood, though I do not know how I got the impression; and he did come to our headquarters.

Question. What comments were made by General Buell on the message you delivered to him from General Thomas; did he express any dissatisfaction?

I do not recollect whether he did or not.

General BUELL. I wish, Mr. President, in justice to General Thomas, to explain what interpretation I put upon this order myself. I never anticipated when I gave the order that it would be executed after night; and I think that under the circumstances General Thomas would have been justified in determining according to his own judgment whether it was necessary for him to undertake the execution of the order. If he though it was impracticable he ought not to have undertaken it. I will add that I was apprehensive that very little could be done so late in the afternoon. I did not know how well General Thomas was prepared for such a movement. I will call our attention, furthermore, to the fact, which is shown upon your record, that owing to the cessation of the fight on the left and the change of the condition of affairs after the order which the witness has testified to was sent to General Thomas written instructions were sent to him at half past 6 o'clock. Those instructions required him to press his command forward as much as possible that night and be prepared to attack at daylight in the morning. I do not pretend to investigate whether he was to blame for not attempting it in some measure, nor do I charge anything upon him. I have not introduced this evidence for the purpose of attacking blame to General Thomas for the non-execution of that order.

The JUDGE-ADVOCATE. I propose to introduce as a witness this morning a Mr. McElwee, a gentleman from near Chattanooga, who is in possession of some intelligence in reference to the force there previous to and subsequent to the evacuation of Corinth. I wish to ask him a few questions in reference to that. He is in the employ of General Burnside, and is going away to-morrow morning. For that reason I wish to examine him to-day.

General TYLER. Is this the first rebutting evidence that is introduced?

The JUDGE-ADVOCATE. Yes, sir.

General TYLER. Then it is understood that General Buell is through?

The JUDGE-ADVOCATE. Yes, sir.