Cross-examination by the JUDGE-ADVOCATE:

Question. What independent commands have you held since you have been in the service, colonel, and what were the specific duties attached to them?

First, the command of my own regiment. Then I was in command at Lexington, Ky,. I think a month, with my own regiment. I was afterward at Rolling Fork, I think, for two or three weeks. I was next in command at Lebanon, Tenn., with my own regiment and a portion of the Seventh or Ninth (I forget which) Pennsylvania Cavalry. Subsequently I was in command at Pulaski, Tenn., with my own regiment, a large portion of the First Kentucky Cavalry, and a section of the First Kentucky Artillery. None of these commands can be said to be independent. I was always subject to the orders of my superior officers. This is, however, while I have been doing detached duty from my division. My regiment was not assigned to a division until, I think, about July last, when it was assigned to the Fourth and exchanged for the Seventeenth Kentucky.

Question. Is not McMinnville naturally a strong position, looking toward an enemy approaching form the Sequatchie Valley?

I should not call it a strong position; it has no natural defenses. It is overlooked by the knobs of the mountains, which lie on the east and within easy range of artillery. It is otherwise surrounded by an open country and accessible at almost any point, and I know that the commander of my division expressed great concern while there that the whole division would be gobbled up. The creek or river which runs near the town would be no defense, for the two reasons it is too near the town, and secondly you can cross it at almost any point. It would not retard the progress of troops at any point who wanted to make a dash over it.

Question. Do I understand from that answer that there is no position near and covering McMinnville from an approaching enemy coming from the Sequatchie Valley that is not naturally a strong position?

There are places where an army could be intrenched near McMinnville, but one of the great elements of strength - that is, sufficient supplies - would be wanting, and I therefore consider McMinnville to be a weak point in the general acceptation of the term.

Question. I understand you, then, that lacking supplies it is a weak point, but with supplies it is a strong position?

No, sir; I would not call it a strong position even with supplies, but an army might be intrenched near McMinnville so as to resist an assault of an equal force. I do not know how accessible the mountains are that look down upon McMinnville from a personal survey. I understand there is a road leading up the mountain from McMinnville, but a difficult road to pass. If an army were intrenched upon that mountain, with sufficient supplies to hold it, it would be in a very strong position. There are hills and a hilly country toward Woodbury, on the Murfreesborough road, where an army could intrench itself and make a stout resistance. There is, however, a scarcity of water, which would make that point objectionable. if intrenched on the knob of which I have spoken it might be supplied with water from the creek or river which runs at the base of it.

Question. How would you regard the opinion of such an officer as Major-General Thomas on that subject?

I would most certainly defer to his opinion.

Question. Do you not regard murder, rape, and plunder as the violation of a policy rather than a policy subject?

I would most certainly defer to his opinion.

Question. Do you not regard murder, rape, and plunder as the violation of a policy rather than a policy itself?

Most certainly I do. The practice of murder and rape could not be the furtherance of a policy, because the law expressly forbids them and affixes a penalty for them. To plunder an enemy may be considered as furthering a policy, but which I conceive to be a very bad policy; not so much on the enemy's account as because of its demoralizing effects upon the force that is permitted to plunder.

Question. Do you know of any policy inaugurated in this was which authorizes the plundering of the enemy?

Not under my construction of it, sir; but I know that plundering has been justified by officers as high or higher in command than myself, in pursuing a policy promulgated by General Pope in Virginia I thought to have been sanctioned by the administration.