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

HARRY I. TODD (a witness for the defendant), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Please state your name and place of residence.

Harry I. Todd; Frankfort, Ky.

Question. Are you well acquainted with the Kentucky River? If so, please state at the same time what opportunities you have had of acquiring a knowledge of it.

I am thoroughly acquainted with it. I commanded a steamboat for seven years which ran from mouth of Dick's River most of the time to the mouth of the Kentucky River (though Louisville was the end for our trip), and for ten years I ran coalboats from the forks of the Kentucky River to Frankfort. I have crossed all the principal fords and fords and ferries between Franklin and Boonesborough very often at low water.

Question. How far are the forks you speak of above Clay's Ferry or the point at which the Lexington and Richmond road crosses the Kentucky River?

It is 85 or 90 miles.

Question. Mention, if you please, the various points at which the river can be forded at low water-at which it could have been forded in the months of September and October last. You may limit your answer to the distance between Frankfort and 10 or 15 miles above Clay's Ferry.

There are nearly if not quite fifty places at which it could be forded between those places from July to the middle of December.

Question. Name the principal of those fords, if you please.

You can ford it immediately at Frankfort; within 4 miles above Frankfort; 8 miles above Frankfort; 3 miles above Frankfort, at which there is a turnpike road crosses from Versailles to Lawrenceburg; 17 miles above Frankfort, at which there is an-other turnpike road; 21 miles above Frankfort; 26 miles above Frankfort, at which there is another turnpike on both sides of the river, leading from Versailles to Harrodsburg; 30 miles above Frankfort, at which there is a turnpike leading on one side of the river to Harrodsburg; 45 miles above Frankfort, where there is another turnpike road from Versailles to Harrodsburg; 50 miles above Frankfort, where there is a turnpike road from Lexington to Harrodsburg; 55 miles above Frankfort; half a miles below the mouth of Dick's River there is a turnpike road on the south side of the river; 75 miles above Frankfort, where there is a road from Lexington to Danville; 80 miles above Frankfort, at the mouth of Sugar Creek, leading from Jessamine County into Garrard; 85 miles above Frankfort; 90 miles above Frankfort; 95 miles above Frankfort; 102 miles above Frankfort; 110 miles to Clay's Ferry, where there is a road from Lexington to Richmond; 115 miles to the next ferry above that; 120 miles to Boonesborough, where the road from Winchester to Richmond crosses; 125 miles to the next; 131 miles to the next; 138 miles to the next; 145 miles to the next; 155 miles to the next, and 165 miles to the next. That is up to within 35 miles of the fork, and covers all the principal ferries where there are main roads leading to them.

Question. Do you mean to say that there are good practicable fords at all these points, captain?

Yes, sir.

Question. What is the character of the ford at Clay's Ferry?

It is a very good, sir. The road for getting to the ford is not so good as that for getting to the ferry, but it was passable for wagons and stock and everything of that sort at the time you speak of or has been this last season.