probation but some reflections upon the propriety of the course pursued by the defense. As we are now discussing the evidence adduced by the defense as to the propriety of admitting that evidence, it seems to me we would be doing nothing but what was right if we were to ask General Buell to be present, that he might express his views and the reasons which influenced him to this course; that he might argue the case which has been argued at length by the judge-advocate in opposition to the defense. Would it not be right and proper to ask General Buell to be present, to have the judge-advocate's remarks read over to him, and ask him if he has any counter-arguments to make.

General SCHOEPF. There is time for the defense to make all the argument he desires.

General ORD. The defense is attacked; one of his witnesses is attempted to be thrown out. The Commission did not introduce this witness, but the defense, and the defense, I presume, considered this testimony proper or it would not have been introduced. Remarks have been made in opposition to the course pursued, and therefore I think the defense ought to be heard, and therefore move that General Buell be invited to have the proceedings of this morning read to him.

General SCHOEPF. The motion is to strike out the testimony of Mr. Wilson.

General ORD. As there has been a long argument made against the defense, I think it would be put justice to General Buell to ask him to be present, and I therefore repeat, I move that General Buell be invited to attend.

General DANA. I hope that General Buell will not be brought in to carry on a discussion of this sort. A great deal too much importance is attached and the minds of members of this court are influenced to feel that this is a more important matter than it really is. If it is necessary to advise General Buell of the proceedings of this morning for the purpose of having a reply from him, I think the best way would be to give him a copy of the proceedings and let him reply in writing-that is, if it is considered necessary. I do not see that it is necessary. If, however, such a course is deemed necessary I hope this method will be taken: that a copy of the proceedings will be given to him, that he make out a protest or argument in writing, and that the court adjourn for the purpose of considering it. I dislike to see an unimportant matter of this kind pressed in the way it is, and particularly have it rendered still more objectionable by asking General Buell to take part in the proceedings.

General Ord's motion, being put to vote, was lost.

General Dana's motion, being put to vote, was lost.

General SCHOEPF. The question is now on General Tyler's motion; and as I am personally interested in this matter, and am ready to answer before the Commission if it thinks itself competent to make an investigation, or to answer to any tribunal that may be ordered for the purpose, under the circumstances, and with perfect respect for the Commission, I request to be excused from voting upon that motion.

The PRESIDENT. Upon this question I shall vote against its being expunged from the record, and for the reason that if it is now expunged a correct and true history of our proceedings would show that such and such testimony was given and after having been given was stricken from our record, and I consider that it would have a worse effect to strike it from the record, leaving the world to form its own judgment and opinion and suspicion as to the nature of the testimony, its purport, and how far it went, than to have it remain upon the record.