done within your observation or was any opportunity lost for gaining ground up to the halt and cessation of firing at sundown?

Answer. The gallantry displayed by my troops on that occasion has never been surpassed in my observation if it has been equaled, and they pushed forward with great eagerness encountered the enemy wherever he was found. No opportunity was lost for gaining ground I think until sundown, when the order was given to halt and bivouac for he sight.

Question. Do you know whether or not the cessation of firing was by General Van Dorn's order or by the circumstances of the battle, the enemy having retired within his inner entrenchments?

Answer. It was not by General Van Dorn's order to me, but by the retiring of the enemy and the late hour of the day.

Question. If it had been determined upon to attack the entrenchments of Corinth that evening would the necessary preparations to do so have taken until after dark?

Answer. I should think so. It would have been necessary to have brought General Lovell up in supporting distance and some of my brigades which were stationed along the railroad far to the left. It would have been necessary to have reformed the line before charging the inner works, which I think would have occupied more time than we would have had daylight.

Question. After taking exterior works of the enemy and resting your troops, as stated by you, do you remember at what hour,when your dispositions for renewing the attack were made, you whole line became engaged? State also the character and length of that conflict.

Answer. I do not recollect the hour of the day. I paid but little to that, but I should think it was between 2 and 3 o'clock probably, and that the engagement must have lasted between two and three hours, sometimes with terrific firing along nearly the whole length of my line.

Question. If two hours more of daylight had been given us what do you think would have been the result of the contest?

Answer. That I cannot tell. My impression is that with a cordial support form General Lovell's command we would have carried their works and held them.

Question. If you saw General Van Dorn on the battle-field of Corinth on October 3 and 4 and on the 5th at the Hatchie, state what was his condition as to sobriety or fitness to discharge his duties as commanding general; state also his condition as to sobriety and capacity in moving on Corinth and returning from it.

Answer. I was with General Van Dorn a great deal both in the advance upon and returning from Corinth and during the battle, and I have never seen him either then or at any other time when I thought he was at all intoxicated; and will state further, that he conducted himself during the entire engagement with coolness and determination ; and I recollect no difference of opinion between us in management of the fight . The only difference of opinion was in the movement upon Corinth before receiving the re-enforcements from Jackson.

Question. When did you first become acquainted with General Van Dorn? How long have you served with him? Do you know him to be an intemperate man within the time?

Answer. I first became acquainted with General Van Dorn a few days before the battle of Elkhorn, about March 1, 1862, and, as I stated before, I do not think I have ever seen him at all intoxicated. I have served with him the grater portion of the time since I made his acquaintance.

Major General D. H. MAURY, commanding First Division, Army of the West, duly sworn.

By RECORDER:

Question. Did General Van Dorn have a map or maps in his position