700 Series I Volume XVI-I Serial 22 - Morgan's First Kentucky Raid, Perryville Campaign Part I
Page 700 | KY., M. AND E.TENN., N.ALA., AND SW.VA. Chapter XXVIII. |
with his journey, and I therefore delayed till the last moment when the evidence could be prepared.
The JUDGE-ADVOCATE. I see nothing unreasonable in my request. I have had no opportunity to read it.
General BUELL. I notified the judge-advocate that the examination would continue from day to day.
The JUDGE-ADVOCATE. Did the examination commence on Monday, the 20th of April?
General BUELL. No, sir; it did not. I am astonished at this objection.
The JUDGE-ADVOCATE. I make no objection. I simply desire to have an opportunity of reading the deposition. All that I have yet seen was the rough draught I read over at Colonel Fry's office.
General BUELL. The judge-advocate fails to be present at the taking of the deposition and then takes advantages of the informality.
The JUDGE-ADVOCATE. The informality was not on my part. The informality was in General Buell's not beginning the examination when he should have done so. The examination was not commenced when I got there, and then it occupied all the time we had to spare before leaving.
General BUELL. Did you not read this evidence?
The JUDGE-ADVOCATE. Certainly; but I had not time to form a cross-examination upon it.
General BUELL. How could you have done it, then, had the examination been commenced in advance?
The JUDGE-ADVOCATE. It would then have been completed, and I would have had the whole of Wednesday to myself. I was surprised to find on reaching Washington that no steps had been taken to get Colonel Fry's deposition. But I say now I make no objection to it.
The PRESIDENT. Why do you wish to read it before reading it to the Commission?
The JUDGE-ADVOCATE. To see if there is anything requiring cross-examination.
General BUELL. I have several other papers to present, as this is the last day on which you have decided to receive them. Some of these papers may appear in the files already presented; others do not.
The PRESIDENT. Are they copies or originals?
General BUELL. Some of them are copies and others are originals. Some of them are copies made at Washington, and of whose existence I was not aware till my late visit there.
The JUDGE-ADVOCATE. I shall object to the introduction of any evidence except such as is included in the resolution of the Commission, and that is Colonel Fry's deposition only. It was understood that General Buell had introduced all his documentary evidence. To come in now with additional evidence is to open up the whole case.
General BUELL. These are papers that came into my possession at Washington; they were not within my reach before.
The PRESIDENT. What is the subject of these papers, general, that you propose to introduce?
General BUELL. They are upon different subjects connected with the operations of the army under my command. Some of them are dispatches from General Morgan at Cumberland Gap.
The PRESIDENT. Is not your file complete without them?
General BUELL. No, sir. These (a portion of the papers held by General Buell) are dispatches I found in Colonel Fry's possession at Washington; another is a dispatch to me from the Secretary of War, dated
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