By General BUELL:

Question. Do you know where this army encamped Sunday night, and from where it marched Monday morning?

I do not know, sir; only by rumor.

Question. How far from the position you occupied was it said to have encamped that night?

The advance guard of infantry was said to have been encamped about 3 1/2 miles from my position.

Question. Where did the main body encamp, according to report?

Near Hodgensville.

Question. How far from that were you?

From my position about 6 1/2 miles.

By General SCHOEPF:

Question. Please state to the Commission if you are an unconditional Union man.

General BUELL. I object. My objection is this: That while I have the assurance and belief that Mr. Rapier is an unconditional Union man, I do not know. We all know there are a great many opinions in Kentucky, at this time particularly, and I do not think it necessary or proper that Mr. Rapier should be examined upon that question, inasmuch as it has no bearing upon the subject of investigation or the reliability of his testimony. My supposition is that Mr. Rapier would answer it affirmatively, but I do not know, as I never before saw him in my life.

The question being objected to by General Ord also, the court was cleared, when, after discussion, General Schoepf withdrew his question.

Commission adjourned to meet Friday, January 16, 1863.

LOUISVILLE, January 16, 1863.

Commission met pursuant to adjournment. All the members present; also the judge-advocate and General Buell.

Colonel E. M. McCOOK (a witness for the defendant), being duly sworn, testified as follows:

By General BUELL:

Question. State your name and position in the service of the United States, if you please.

E. M. McCook; colonel Second Indiana Cavalry, commanding First Cavalry Brigade.

Question. Were you with your regiment on duty with the Army of the Ohio last summer during its march from Corinth to North Alabama and Middle Tennessee?

I was.

Question. Give a concise statement, if you please, of the services upon which you were engaged from the time you left Florence until you left Reynolds' Station.

I was ordered from Florence with a supply train of, I think, some four hundred and fifty wagons or probably more-I do not recollect exactly-to establish a depot at Reynolds' Station, the terminus of the railroad there. I do not recollect the dates, but it was when our army crossed the river at Florence. I was engaged while at Reynolds' Station in forwarding supplies to the Army of the Ohio at Athens.