Question. Do I understand you that firing of artillery was not unusual?

Do you mean the firing at different times during the morning?

Question. Yes, sir.

They very frequently had skirmishes in which a small number of pieces of artillery were engaged. We had been skirmishing all the afternoon before that battle.

Question. Was there no difference between the sound of the firing of these skirmishes and that of the 8th?

I remarked no difference the sound. I only noticed it because it was continued longer. I do not think I paid any attention to it until toward the afternoon, when I remarked that it had been continued some time, and asked Colonel Fry what it was and what they were doing.

Question. Did you hear General Buell say that was a waste of ammunition and should be stopped?

I do not think I heard him say to. I do not think I was near enough to General Buell that morning to hear him speak. I was busy attending to my own business. This was possibly the reason I did not inquire sooner what the noise was about.

Question. Did you not know that the enemy was in force at Perryville and that a fight at that place was anticipated?

I had no positive information of it. My understanding was that the enemy were not in force, and although I did not see the orders sent to the corps commanders I understood that they were ordered to approach to a convenient distance that day, and I supposed that we were to attack them on the following morning.

Question. And yet the cannonading in that direction caused no remark at headquarters?

It caused no remark, because the brigade was ordered to hold this water, which was very essential to us, as we had been without water, and it was absolutely necessary to our troops.

Question. At what hour in the afternoon was it that the officer arrived there demanding re-enforcements for General McCook?

I did not see the officer. As I was starting Colonel Fry told me that an officer had just been there; that was probably 4.30 in the afternoon that I started.

The JUDGE-ADVOCATE. Mr. President, I was instructed by the Commission to inquire into the facts relative to Captain Day's being placed in command of a brigade. I was under the impression that I could get those facts from General Wright, but I find he knows nothing about it. I suppose Major Wright could give us some light upon the subject, and I would suggest that the Commission ask the necessary questions.

General BUELL. I have no objection to the judge-advocate asking the questions.

By the JUDGE-ADVOCATE:

Question. You will please state what you know of Captain Gay being put in command of a brigade.

General BUELL. I do not know that Major Wright knows anything about it, but I would like to ask him such questions, that his testimony may be clear upon this point.

The JUDGE-ADVOCATE. I have no objection.

The WITNESS. When we arrived in Louisville we found Captain Gay in command of a brigade. I was told that he had been recommended as brigadier-general and was expecting his appointment; that the colonels of the regiments which he commanded had yielded in expectation of his being made a brigadier-general. When we started from Louisville his appointment had not been made, but no objection was offered him better qualified than himself. No difficulty arose in regard to this matter till the campaign