move I sent to the rear. I also forwarded a list of all that I paroled to headquarters. The arm of the service to which I belong compels an officer to parole prisoners when he cannot communicate with his superior officers.

By the PRESIDENT:

Question. Have you no authority on that subject derived from general orders particularly applicable to you when on such expeditions?

I have never seen any such orders.

By General BUELL:

Question. Is it not frequently necessary either to parole prisoners captured in that way or to let them go?

I have seen instances where it would be impossible to carry them with you.

Question. In stating that on one occasion you endeavored to burn the corn field, do your or do you not wish it understood that you intended that as a punishment for the murder which you supposed had been committed upon the soldier by the owners of the property or do you mean that you were in the habit of doing it?

I never burnt a blade of corn in my life that I am aware of. I attempted to burn this corn field because I was sure the man had been shot at out of that house, and had it not been for the women and children I should have burned the house. I should have done it as a just punishment, for the negroes about the house told me that their master had shot the man.

LOUISVILLE, January 16, 1863.

Captain ROBERT MACFEELY (a witness for the Government), being duly sworn by the judge-advocate, testified as follows:

By the JUDGE-ADVOCATE:

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

My name is Robert Macfeely; captain, commissary of subsistence of the United States Army.

Question. State what service you were engaged in during the months of July, August, and September of last summer, and what efforts, that you know of, were made to supply the Army of the Ohio with subsistence?

I was senior commissary of subsistence in the District of the Ohio, and on General Buell's staff, stationed in the city of Nashville, in charge of the depot at Nashville and the affairs of the subsistence department generally in the District of the Ohio. Efforts were made by me to obtain subsistence through Captain Symonds, depot commissary in Louisville, and by purchases by myself, as far as I could obtain them advantageously to the Government, in Nashville; also in the latter part of August I received directions through Colonel Fry, chief of staff to General Buell, to seize all subsistence stores in Nashville and the vicinity.

Question. At what points in Tennessee during its occupation by the Army of the Ohio were you instructed to furnish subsistence?

To all points on the railroads in Tennessee occupied by our troops, namely, Franklin, Tenn.; Columbia, Huntsville, Athens, Ala.; Decatur, Stevenson, Decherd Station, Murfreesborough; occasionally at Gallatin and at Clarksville so long as it was occupied by our troops, and probably other point occupied temporarily.

Question. How far were you successful in getting subsistence at these points?

I believe we were successful until the road was cut in the first place, I think some time in July, when there was no river communication to Nashville, at which time General Buell deemed it advisable, in consequence of the limited supplies on hand, to reduce the troops to half rations. On the resumption of communication by rail, stores came through regularly, and I believe, at least so it was said by the agents of the railroad company, as fast as they could carry them, until it was cut again in August.