General DANA. I am of opinion that, an attempt having been made to introduce it, it is the property of the court.

The PRESIDENT. The practice of civil court would make that the property of the judge-advocate.

General BUELL. Is it not a fact that paper is before you as evidence, that is belongs to your records, and that you have decided not to recognize it as evidence? It has been read before the Commission, it was brought before the Commission in pursuance of its orders, and is it not properly a part of your record?

The PRESIDENT. It was read to the Commission, not as testimony, but for the purpose of gratifying your request, to see whether you would consent to receive it or object to it; but it was not received as evidence. It stands, then, in this shape: it is a deposition taken by order of the Commission; it was presented to it with a view to a decision whether it was to be received or not, and the Commission has decided not to receive it, and that at once makes it the property of the judge-advocate.

General BUELL. This appears to be a different case, sir. This paper stands precisely in the light of any evidence taken before the Commission. The Commission authorized and ordered it. The judge-advocate superintended it. I think, sir, that it belongs to your records.

General DANA. The record will show the fact that this deposition of Governor Johnson, like other documents prepared by the judge-advocate and presented to the court, belongs to the Commission; that upon the question being raised as to whether it should be received or not it was rejected. It presents the fact that it was offered as evidence and was rejected; not that it was received as testimony or that it becomes part and parcel of our record.

General BUELL. The judge-advocate had offered it to you as evidence; if it is not valuable to you it may be to me. The paper forms part of your record; you may determine not to receive it as evidence for any reason you may think proper; but I am of opinion that it forms part of your record.

The court was cleared; when it was moved to reconsider the vote taken in regard to the deposition of Governor Johnson and carried.

It was then moved that the deposition of Governor Johnson be admitted.

Carried.

On the question whether the dispatches referred to by Governor Johnson in his deposition and asked for by General Buell shall be called for it was put to the vote and negatived.

On the court being opened-

The JUDGE-ADVOCATE. This deposition of Colonel Fry, Mr. President, was taken at Washington in an informal manner, and I had no time to read it over or prepare a cross-examination. I desire to read it over, Mr. President, before I submit it to the Commission.

General BUELL. I am astonished at the proposition, sir. This evidence is as valid as though it had been delivered by the witness before the Commission. As for the judge-advocate not cross-examining him because he had not time, I do not know any reason why he had not. If he had started twenty-four hours after I did he could have been at Washington on Sunday at 1 o'clock. We delayed two days in Washington for him.

The JUDGE-ADVOCATE. I will ask why there was a delay of two days in Washington for me?

General BUELL. Because the judge-advocate gave the excuse that sufficient time was not allowed him when I served the notice upon him. I therefore did not know but there might have been something to interfere