"Deliver to General Pearson's messengers eight hundred and sixty center prime metallic ball cartridges United States property, there being no ball cartridges belonging to the State at this arsenal.

(Signed)

"James Fitzsimmons."

By mistake, the State troops got all the cartridges I had. My men got forty out of the nine hundred. Each man had two rounds simply.

By Senator Yutzy:

Q. Do I understand you to say that you had no ammunition for any of your arms?

A. I had not a round of ammunition suitable for any arm I had in here, for the simple reason that we are in profound peace, surrounded by friends. Since the Frankford arsenal got making metallic cartridges, we had a few rounds here for the use of my men, in case we wanted to shoot. We had a few blank cartridges. We had cannon ammunition, but all the small arm ammunition was broken up and powder taken out of it and balls thrown into the lead pile. We did not have any for arms we had here except, perhaps, a few cartridges for revolvers, which I issued afterwards to the citizens in the town to defend the city—two or three days afterwards.

Q. You have some muzzle loaders?

A. All the muskets are muzzle loaders except——

Q. And no ammunition for them?

A. No; we had powder and ball. I had paper cartridges made for the committee since that, as the controller will tell you. They came to get muskets, and I had cartridges made.

Q. You may state to what extent you supplied the citizens with ammunition?

A. Well, to quite a large extent. This is a statement which I have made up for General Negley. He represents the committee of safety. Here are fifty Cosmopolitan carbines; three hundred and ninety-nine Springfield rifled muskets; fifty Remington revolvers; fifty cavalry sabers; forty-nine belt holsters; forty-seven pistol pouches; forty-seven cavalry saber belts; fifty carbine slings; forty-eight carbine slings swivels; two hundred bayonet scabbards; one hundred and ninety cap pouches; two hundred cartridge boxes; two hundred cartridge-box belts; two hundred and fifteen waist belts; two hundred waist-belt plaits; fifty bridles—curb bridles; forty-nine holsters and straps; fifty saddles; fifty saddle bags; fifty saddle blankets; thirty-eight pounds of buckshot; four hundred and eighty-three musket percussion caps. These were to make buck and ball cartridges. Those were returned back to me since then.

These are to be added: One hundred and twenty-six Springfield rifled muskets, caliber fifty-eight; twenty-six Remington revolvers, caliber forty-four; thirteen Whitney revolvers, caliber thirty-six; six cavalry sabers, thirty-nine pistol holsters, sixty cap pouches, eighteen waist belts, thirty-three waist belt plaits. That was to the committee of safety; besides that, to the mayor of Allegheny City I issued—I am not sure—I think it was three hundred muskets, and powder, and balls, and buckshot, and cartridge paper for making cartridges.

Q. These cartridges were not paper, buck, and ball?

A. Oh, no; just the material I had, which was the balls and the powder. In order to get the powder, I broke up cannon ammunition—one pound cartridges—broke it up.

By Mr. Lindsey:

Q. Did you witness any of the scenes of Sunday, the 22d.

A. Yes; for a very short time.

Q. Tell us what you saw on Sunday?

A. By these papers I was nearly all night. I went to bed to get some rest, and was in bed when I heard firing down this street. That is what first wakened me was the sound of firing down the street. Otherwise, before that it was perfectly peaceable and quiet. That officer had his twenty men out on this side of that building, for Sunday morning inspection, and he had just dismissed them, and hearing this firing down street, I jumped out of bed, and got into my pantaloons, and put my night shirt in my breeches, and got my coat on, and rushed out of the room, and before I got out I saw that, from the exclamations of those in the house, there were a number of men running through the grounds. Whoever they were, they were unauthorizedly coming in without any permission, and when I appeared on the grounds, there were a number of soldiers inside, how many, I do not know, and as I opened the door, the firing had ceased. I started towards the gate, and upon looking around in this direction, I saw Lieutenant Lyons coming towards my quarters, and an officer coming towards my house, and I turned to meet him. As he came up, I said to him, "You must take your men right out, sir; there is no protection here for you." He answered, "You have walls." "Yes," I said, "we have walls," raising my hand that way. He says, "Have you any suggestion to make." I said, "None, sir; except to organize your men and assault them." I supposed there was some fight going on, from what I saw and heard. That is all the words passed between me and the officer—who he was I do not know. He had a blouse coat, and looked like a second lieutenant. It does not matter who he was; under the circumstances there was no time, at that time, for wasting words, in my estimation. My orders were orders that were peremptory. I ordered him and his men out. As I told him these last words he started towards the gate, and I immediately turned and went towards the building, where a wounded man was brought in. Says I, "I will take care of the wounded." I called my men, and ordered him taken to the hospital. There was a man lying inside of the gate, one of my men bathing his temples. I asked what was the matter. He did not know. I called my man and instructed him to take him to the hospital. I went to the gate, and I saw nothing there, except a few citizens—workingmen in their Sunday clothes—going to church. I did not see an armed man anywhere. Brinton and his command had gone up the street in the meantime, and left the arsenal. In a few moments I was joined by Lieutenant Lyon, and I authorized him to go immediately for a surgeon for these wounded men, and he went down to Doctor Robinson's office, which is one square below, and brought Doctor Robinson in immediately, by a private entrance, to save time. I went to the hospital—there was no signs of any riot in the street, or anything of the kind—I went to the hospital, and there saw Doctor Robinson, who referred to Lieutenant Ash, and said his leg must come off, but I prefer to have some surgeon to consult with. I suggested to him Doctor Lemoyne, and he agreed to that, and I went to my quarters and wrote Doctor Lemoyne a note, telling him, in the letter, Doctor Robinson had been called in, and that he wished to consult with him, and I sent one of my own horses and a messenger into the city, for Doctor Lemoyne, and he came out. He lives, maybe, three miles from here. In the meantime, the wounded had the attention of Doctor Robinson and his partner, Doctor Evans. Doctor Lemoyne soon came, accompanied by Doctor Reed, and then the wounded had the attention of all four of them. That is all I saw. As to the condition of the Philadelphia men, Lieutenant Lyon can tell more than I can, because he saw the whole thing. The stragglers were inside here; were kept here, and fed, and taken care of until Tuesday evening, and they were clothed like my men. They were so demoralized that one of them, it was reported, could not eat, and in order to divert their minds, Lieutenant Lyon put them to work—they were so afraid they would be shot by somebody. Lieutenant Ash died here, and his brother and his wife were here at the time he died.

Q. When did he die?

A. Died on Tuesday about two o'clock.

Q. What become of the other wounded man that was brought in?

A. The other wounded man was playing possum. There was not anything the matter with him. When he went to the hospital he was lying on a bed, and I said, "what is the matter with you?" He did not answer. Says I, "get up, we do not want anybody in the hospital except sick men." The other men wounded themselves getting over the pickets. They came over the pickets, and I am satisfied they wounded themselves in getting over the pickets. One man had a wound in the center of the hand, which he said was caused by a piece of shell. I think he put his hand on a picket of the fence, and one man had his pantaloons torn. They had some little scratches on them. In a few minutes they got out, and went to the works with the other men. There was only one wounded man, that was Lieutenant Ash. One man was wounded down street here, and ran into the Catholic church—Corporal Ash—and a few days ago he came in here to see me. He was shot in the abdomen, and strange to say he got well. Those were the only wounded men down street here.

Q. You did not know, at the time that this soldier approached you, that it was General Brinton?

A. No; I do not know who it was. It did not make any difference who he was. As I wrote afterwards to Washington, they virtually forced my guard. It is a very different thing for a man outside and a man inside. I know what the place is, and it is presumed that I ought to know how to take care of it; and, in addition to that, I am responsible to the civil authority for every act of mine which comes in conflict with it. I am amenable, in other words, to the civil authorities, and it seems to me I ought to know beforehand what I am doing before I enter into a fight—to know what is going on. I shall certainly take care to do so. Suppose I had opened on some of those men; they would have had me up here for murder, sure, the next day. If it had once begun, it would have been a serious business. I questioned my guard. I said to him, when did you hear that firing—when that firing began, did you see anything in the streets? "No," he said, "there was a small boy in front, a newspaper boy, and I asked him to look down the street, and he said he saw no one. That is the fire that got me out." I said, "were there any shots fired after you heard that?" He said, "there was not a shot fired while the men were here at all." I did not hear a shot fired after I left my quarters, until along sometimes afterwards, way down below here somewhere. Some man—so it was reported, and I believe it was so—some man shot two of them with the same shot, from behind the cemetery wall, or somewhere near there.

By Mr. Lindsey:

Q. If that mob on Saturday night had made an attempt to enter your grounds here, would you have considered you were justifiable in resisting it with any amount of force?

A. Unmistakably. I had it there ready to use, and the beck of my hand would have brought my men there.

Q. Did you know this officer that approached you and asked permission to bring his men inside?

A. He did not ask any permission—just as I have reported to you. The words were no more or less than just what I have said. The mere fact of his being there revealed to me that he had come there for that purpose. I did not wait for any request at all. The mere presence of himself and his men was sufficient for me. I took my action from what I saw.

Q. How many men were inside of the grounds?

A. That I do not know. Lieutenant Lyon can answer that better than I can.

Q. The number of men that stayed here?

A. The number of men that stayed here were eight besides Lieutenant Ash. These men I kept—afterwards, when I saw the command was gone, these men, I allowed them to stay in because I would not send them out in the streets. I told the men to join the command, but the command moved off, and these men were allowed to remain in, and were fed and kept.

By Senator Yutzy:

Q. Was there any formal demand made by any officer of the militia to be admitted, or request to be admitted here?

A. None, sir; except just what I told you.


Lieutenant M. W. Lyon, sworn:

By Mr. Lindsey:

Q. Just state your rank?

A. First lieutenant of ordinance.

Q. Stationed at——

A. Allegheny arsenal.

Q. State what came under your observation here on the morning of the 22d—Sunday morning?

A. We have Sunday morning inspection about eight o'clock. I finished the inspection, and returned to my quarters and had hold of the door, when I heard the firing down street. I turned to look out to see what it was, when I heard a yell and a lot of men running over the wall—jumping over the wall. I ran up to the gate in that direction. I thought they were the mob. Soldiers were running. I thought it was our own guard. When I got as far as that large warehouse, I met this officer, and I took him to Major Buffington's quarters.

Q. Did you know who the officer was?

A. No, sir; there were several officers, and the only way I now know it was General Brinton, is the fact, that some of them say that he wore a blouse, and he was the only one that had a blouse. The others were in full dress uniform.

Q. Did he state to you what he wanted?

A. No; he seemed to be commanding officer, and I took him to the major's quarters. He was in a great hurry. There were several officers with him.

Q. What was the result of his interview with Major Buffington?

A. As the major says, he made the remark to him, as he stated in his statement, and after that this officer, with the other officers, walked toward the entrance and went out, and I followed more leisurely. When we arrived there, they were bringing in the wounded, and the major told them all the wounded they had they might leave, and he ordered those that were bringing them in, to re-join the company—these eight men came in under the pretense that they were wounded, excepting one man, who had brought—I think he helped carry Lieutenant Ash in, and the major told him he would have to join his command, and he went to the gate and found the command had moved on, and he came to me and said he would willingly hide anywhere. He would hide in the coal-shed. He had never fired a gun off in his life, and only belonged to the militia three weeks.

By Mr. Means:

Q. Did the general commanding leave his command, in your opinion—the man that wore the blouse—had he left his command, and come in here for protection?

A. I do not think he came in here for protection.

Q. What brought him here?

A. He came in to see if he could get admittance for his troops.

Q. Did General Brinton then move on with his command?

A. As far as I know. I went down with some of these men that were carrying the wounded, to show them the direction to the hospital; then I returned to the gate to go for Doctor Robinson, and I do not think they stopped there more than a minute.

Q. Did you see any mob following in the rear?

A. There was none, I am quite positive. When I went to the gate, there was a man who keeps a beer saloon standing at the gate, and he said there was only one man following, and he gave the name of this one man. I went up to him and asked him, and he immediately stopped talking, and he said he did not know the man's name.

Q. When you went for Doctor Robinson, did you see any of the mob?

A. I saw no mob. I saw quite a number of people in the street that had come out of curiosity, hearing the firing, but they had no arms with them at all.

Q. Did you have any conversation with these wounded men to ascertain how they were wounded?

A. Oh! yes; I asked them all how they were wounded. One man said that they kept firing away from the middle of the street. They had two cannons, and loaded them up with glass and nails—little toy cannons. He said he got struck that way two or three times.

Q. How long after Lieutenant Ash was brought into the hospital was it before Doctor Robinson arrived?

A. I should think it was not more than five minutes, because I did not go down all the way to the hospital—the hospital is halfway between here and the guard-house, and I went immediately back to the gate, and went down to Thirty-seventh street, where Doctor Robinson lives, and he was sitting in his chair, reading the morning paper, and he came with me immediately, and I did not think it was more than five minutes, certainly not more than ten.

Q. How long was it before Doctor Lemoyne arrived?

A. I do not think he came until about two hours afterwards.

Q. Was there any amputation performed?

A. No, sir; they tried to perform an amputation, but Lieutenant Ash was not strong enough.

Q. Did you learn where he was wounded—where he was when he was shot?

A. I never could learn. I did not ask him, because the doctors did not want him to have any conversation.

Q. You do not know how far he had been carried?

A. No, sir; it was my impression he was shot near Thirty-seventh street. Some of the men said he was shot near the round-house. Lieutenant Dermott, who was stationed at the university here as assistant professor in engineering, he was up here while these wounded men were in the arsenal, and together we went over to the commissary where their cartridge boxes were, and I found the cartridges they had in their boxes, and they all averaged twenty rounds a piece, and one man he had forty. Some had less than twenty.

Q. Of the soldiers?

A. Of those eight that were here. I asked him—he was an old man. In fact, he had been wounded in the hand at the battle of Gettysburg, he said. When they were passing them around, there were several extra cartridge boxes, and he took one.

By Senator Yutzy:

Q. Were you in the vicinity of the crossing of Twenty-eighth street and the railroad, the scene of the riot, on Saturday?

A. Yes, sir.

Q. At the time the military arrived there?

A. I was not there the time the military arrived there. I was there about an hour before they arrived. I was talking with Captain Breck. He had two six-pounder guns, and I told him they were not of much use. He ought to have Gatling guns. He said the Philadelphia troops did have a pair of them. I waited until my patience was exhausted, and I came home.

Q. Did you see any of the movements of the military in that vicinity, or while you were there?

A. They made no movement while I was there. They simply remained stationary where they were. There were some on the hill side with their arms all stacked.

Q. None at the crossing of the railroad, were there?

A. I am not positive about that. At any rate, I did not keep account of them. They could get across the track very readily, for I went across. I do not think there were any there. I think they were mostly on the hill, and those had their guns stacked, but they were down at the crossing and on Twenty-eighth street, talking with the people, about the same as though they were going to have a party.

Q. That is, the soldiers were away from their command?

A. Yes, sir.

Q. Mingling with the crowd?

A. Yes, sir.

Q. In conversation with them?

A. Yes, sir.

Q. Was there any considerable number of them with their arms where they were stacked?

A. They were stacked there, and there were several sentinels along the line where the arms were stacked, but the men, as a rule, had their guns stacked.

Q. They had broken ranks?

A. They had broken ranks.

Q. Did you see them make any effort to keep any portion of the track clear?

A. Not while I was there; no, sir.

Q. How long were you there.

A. I was there three quarters of an hour, perhaps an hour.

Q. Did you see any portion of the military in ranks?

A. I saw no portion of them drawn up in line of battle, or anything like it; no, sir; or company front either. I think the only men I saw, were those that were without arms, walking up and down with the crowd, talking to them, and the sentinels on post over the stacked arms.

Q. They appeared to be the only ones on duty?

A. They appeared to be the only ones on duty at that time.

Q. As the militia were passing here, did they throw away their arms or ammunition?

A. Well, not that I saw, except that Major Buffington found a case filled with cartridges belonging to the Gatling guns.

At this point the committee adjourned until to-morrow morning, at ten o'clock.



Pittsburgh, Saturday, February 23, 1878.

The committee met, pursuant to adjournment, at half-past ten, in the orphans' court room, Mr. Lindsey in the chair.

All the members present.


O. Phillips, sworn:

By Mr. Lindsey:

Q. State your residence and your official position in July last, and then go on and give us the facts?

A. My residence is 344 Ridge avenue, Allegheny. I was mayor of the city for the last three years, up to January, 1878.

Q. Of the city of Allegheny?

A. Yes; of the city of Allegheny.

Q. Just commence and give us a statement in your own way, chronologically—give us the facts?

A. On Thursday or Friday, the 19th or 20th of July last, I had been over in Pittsburgh during the day, and went back to my office in the afternoon, and there I found that the railroad officials of the Pennsylvania company had sent up the office for police assistance, stating that a crowd of men were interfering with the running of trains near the outer depot, and that Chief of Police Ross and ten or twelve policemen had gone down there.

Q. The outer depot of the Fort Wayne road?

A. Yes; I jumped in a horse car and went down there myself, deeming it my duty to go and see what was the trouble, and when I got to the outer depot I saw a number of men walking up and down the track, and quite a large number of men at Strawberry lane. I noticed a locomotive pass me and go down. It was interrupted or stopped by some men climbing up on the engine, and gesticulating in a threatening way, but what they said I do not know, but the engine stopped, and returned to the round-house. I went down then to where this crowd of men was, and saw it was a very large assemblage—several hundreds—and the police force were an atom, a mere drop in the bucket. Some of the men wanted to talk to me about their troubles. I told them, as mayor of the city, I had nothing to do with that. I was simply there as a representative of peace and good order, and spoke to the men, cautioning prudence, asking them if they realized the seriousness of what they were doing. I noticed that a man by the name of Robert Ammon was recognized as their ring-leader. He came up to me and introduced himself as having known me at my factory, on the South Side, and said he would like to talk to me. I stepped aside to converse with him, and while we were talking, men would come up and say: "What shall we do now, Bob?" He would say: "Stand aside, I do not want to be interrupted." He told me he had been an employé of the railroad company six weeks or two months before that, but had been discharged, and since that he had been around the country organizing Trainmen's Unions. He told me he had influence to stop these troubles; that if he had sent a telegram to Martinsburg the troubles would have been stopped. He said it was not worth while to go to the railroad men; he asked me to make a speech to the men; I told him that was not my style. The men gave me their assurance they would protect the railroad property, both day and night, and when they could not do anything further they would send to me for police. I then left my officers quietly mingling with these men, and then I went back to the mayor's office, which was on Thursday or Friday, I am not sure which, or Saturday. Word came to me that some of the supposed strikers had gone to one of the military organizations in Allegheny, and had taken thirty or forty arms, and had taken them down towards where the men were on a strike, and they expected to come up in a short time and remove the guns from Captain Bigham's armory, a company of the Nineteenth regiment. I went over there, and, assisted by the postmaster of Allegheny, and two or three of my police, we carried over thirty or forty arms and ammunition and placed them in our watch-house. A messenger came up hurriedly and said that the crowd were coming up to take these guns from me. My force were all out in the districts, and I then had the locks and bayonets taken off these muskets, so that if they got the guns they would be of no service to them. On Sunday, the day of the serious trouble, I had Knapp's battery taken out of the armory, by some of the battery men, under the command of Captain Walker, and these guns, four field pieces, were loaded with small square iron nuts. We had not any ammunition. We had blank cartridges but no balls, and I had these things loaded, and then, assisted by citizens, armed with axe handles and wagon spokes, I had gotten from one of the wagon-yards, and their old fowling pieces, and everything of the sort. They posted these guns at the Allegheny end of the bridges. I had been notified that the mob were coming over Sunday afternoon and Sunday night to burn the Allegheny shops, and release the inmates from the penitentiary. I notified the warden of that fact, and he kept his force on day and night, heavily armed, for a number of days. I selected two or three gentlemen of cool judgment and discretion, and those on horseback, and went to Pittsburgh and rode around among the rioters on this Sunday night to try and find out which bridge they proposed to come over, and then hurry back and notify me, and my intention was to concentrate all these field pieces at that bridge and stop them. I had taken the police pretty much away from the city of Allegheny and put them at the bridges, and sent squads of private citizens to patrol the streets. My force consisted of about fifty-five men. I kept the police on both day and night, until their strength was exhausted, and they could not stand it any more. On Monday I telegraphed the Secretary of War, and asked permission to draw five hundred muskets from the arsenal. That permission was granted, and I sent out two wagons, guarded by twenty-five or thirty veteran soldiers, and they went and brought me the guns. I called a special meeting of councils on that same day, and asked permission to increase the police force, which permission was granted me. I swore in a hundred special policemen, and armed them with maces. A hundred of those veteran soldiers were armed with Springfield muskets, and we made our own ammunition and cartridges, with either five or six buckshot. A hundred veterans were in reserve in the armory, to come out along with the citizens at ten taps of the big bell. The employés sent me word there were so many tramps coming over that they could not protect railroad property, and asked for police assistance, and I detailed a squad of policemen, and guarded all the crossings from Irwin avenue to Strawberry lane, and kept the crowd back. There was a meeting of these railroad employés in Allegheny, to which they asked me to attend. I was very kindly treated by them, and quite a number of them would come to my office and confer with me. I received a communication from the railroad officials, Mr. Thaw, General McCollough, indorsed by Mr. Quay and Mr. Latta, and asked me to close the liquor saloons. I requested the chief and one or two officers to go around and close them, and they did. I do not know whether I had the power, but I thought the emergency required it should be done, and I ordered them closed, and I sent officers to see that they were kept closed. When the Governor came through, he sent for me, and I went to see him at his car, and he asked me what protection I had, and I told him just as I have related to you, and told him I did not want any military until I was completely overpowered, and that I thought I could protect the city, and if I could not, I would call on him, and he said he would send me a thousand effective men. I had submitted to the railroad employés in Allegheny that if they would go down and bring these ten miles of stuff they had run down the road—all this stuff—to Allegheny, and take the eastern bound over to Pittsburgh, &c., I would see that their wages were paid, and then I would take the road off their hands. The railroad company had declined to receive the road until the stuff was brought back. On the day proposed to raise the blockade, I went down to the depot with thirty picked policemen, and when I got there in the dispatcher's office, there were seven or eight hundred people, or more. I stepped upon a pile of railroad ties, and ordered all the men that did not belong to the railroad to step on the other side of the railroad track. Said that they would settle their difficulties without outside assistance, and at least four of the men went on that side of the track. There were private detectives going through them, and they would ask, "Who is that man?" and they told him it was Mayor Phillips, of Allegheny. I then proposed to the men, employés of the company, to go down and bring up the first draft of cars, knowing that if we would get the first draft up, the back-bone of the trouble would be broken; and they all got up in a hurrah and got the first draft up, and then all the stuff was brought up.

Q. Then you turned it over to the railroad company?

A. Yes; the railroad company took it after the stuff had been brought up. I know little or nothing of the trouble that took place in Pittsburgh.

Q. What day was that that you brought up this stuff?

A. Several days afterwards. I cannot tell you the date. I do not exactly remember the date. On Sunday, the day of the burning, there was a committee of railroad strikers met Mr. Layng at my house, that Sunday morning, and had a conference with him, and agreed to take care of the property of the company, and they did it well and manfully.

Q. The first day you went out and met the crowd of several hundred, were they composed entirely of railroad employés?

A. No, sir; they were not. Very few appeared to be railroad men.

Q. What class of men were in the crowd?

A. Workingmen—rough-looking men—men that I did not know.

Q. After the railroad employés agreed with you that they would protect the railroad property, did they permit the crowd of roughs to remain with them?

A. No, sir; because they sent me word that the roughs were coming there, and they were apprehensive there would be trouble, and wanted policemen, and they guarded all this property, until at last they said they were tired and worn out, and asked me to protect this ten miles of property down below. I had not any authority to go outside of the city with police, but the railroad company agreed to pay, and I sent a police force ten or twelve miles down the road, and protected the property until the troubles were over.

Q. Do you know anything of the crowd trying to prevent, or making preparations to prevent, trains from coming in with soldiers on the Pittsburgh and Erie road?

A. We were notified there that none of the soldiers would be allowed to come in that way. Some of the men intimated to the effect that they would be stopped. It was in the early part of the troubles.

Q. Notified by railroad employés?

A. Some of the men notified the police, and the police told me. I do not remember exactly how. I told the men we would not have any military over there as long as we could do without them. A squad of men came up and said United States soldiers had come there, and it was contrary to the contract. I told them that that was answered simply, and that the United States Government would send their troops when, and how, and where they pleased, but I had seen the military authorities of Pittsburgh, and asked them not to send any troops to Allegheny until I called for them. I thought I could protect the city. I was assisted by the people of Allegheny all I could ask for.

Q. Under what circumstances or condition of this order would you consider yourself justifiable in calling on the Governor to send you troops?

A. Well, sir, when I went down that day, and I felt I could not control the multitude, and they attempted any threatening, I proposed to fight them. I would not give up without. I had armed the police with revolvers and maces. I had something myself, and when we could not fight, I proposed to call on the military, and not till then.

By Mr. Means:

Q. You determined to make a fight before you called on the military?

A. That is the English of it.

Q. And to head the police yourself?

A. I did, sir. I head them all the time. I thought that was my place.

Q. In case of a … occurring in any part of the city, did you regard it as your duty to visit the point and ascertain?

A. Yes. I was up day and night for a week, and I was nearly worn out. I kept the battery in camp in the city hall yard. Kept them there day and night, and had these veteran soldiers sleep on the floor of city hall, so that we could call on them at any moment.

Q. Would you consider it your duty to have called out a posse of citizens, and to exhaust your power in that direction, before calling on the State for military aid.

A. Most decidedly. I had arranged and published hand-bills all over the city, that at ten taps of the bell the citizens of Allegheny were to come forward to protect their firesides and homes. I swore in a goodly number of them to go on duty.

Q. You did swear them in?

A. Quite a large number of them.

Q. Do you regard your authority and powers subordinate to those of the sheriff of the county—within the limits of your city, I mean?

A. No, sir. I thought I was the chief executive, and the man the people looked to.

Q. You regard yourself as superior within the limits of the city?

A. Yes, sir.

Q. Would you have allowed yourself to have been superseded by the sheriff in authority or power?

A. That is pretty hard to answer. I do not think I would. I thought I was placed there to protect the city by the people, and I would try to do that.

Q. You would do your duty as long as anybody else would?

A. That is my idea.

By Mr. Lindsey:

Q. As far as the military is concerned: if you had called for the military, you would have considered it was your duty to give general supervision and direction, within the limits of the city, in putting down the disturbance?

A. I would have done all I could. I would have assisted the military all in my power.

Q. You regard the military subordinate to the civil authorities?

A. I think so; yes, sir.

Q. Did Robert Ammon tell you how many lodges of Trainmen's Unions he had established?

A. I do not remember the number, sir, but he said a goodly number?

Q. Did he tell you on what roads he had established them?

A. He told me he had been on different roads. Eastern and western roads, if I remember rightly.

Q. Did he tell you the object of that Union?

A. As I gathered, it was to see about regulating the wages—to control—to compel—that is the substance of it. A very hurried conversation we had, and a good deal of excitement at the time.

Q. Did he say that there was a pre-arranged plan for a strike at this time.

A. Yes, and if I remember rightly, it came a little premature—a little too soon.

Q. Did he say that he had direction of the different strikes?

A. He said that if he sent a telegram to Martinsburg the strike would stop, and if he would turn over his hand here, the thing would be stopped.

By Mr. Larrabee:

Q. Does anything more of importance occur to you?

A. I only visited Pittsburgh once during the riot, and that was that Sunday afternoon, and made a statement to the citizens that the railroad men had agreed to protect the property. I stayed in my own place.

Q. Did you have any talk with any of the other strikers besides Ammon about their places?

A. No, sir. I talked with a great many of the employés. I attended their meetings.

Q. What reason did they give for going on a strike at that time?

A. I did not hear any reason. I did not understand the strike was coming from them at that time.

Q. They were on a strike?

A. That, on account of the wages, they could not live on what they were getting.

Q. That was the reason they struck, because the wages were not high enough?

A. Yes, sir.

Q. Did you hear any other cause of complaint from the men that struck?

A. No, sir; that was the substance of it.

Q. Did you learn what reductions had been made in the wages of these men?

A. No; I did not. They told me their troubles. I listened to them quietly and politely, but did not think it was what I was for. I told them I was simply a representative of peace and good order, and protect their property as well as my own.

By Senator Yutzy:

Q. There appears in a statement made by Boss Ammon, a report made public in the Leader of January 28. He says: "Meanwhile prominent citizens came forward and supplied me with arms and ammunition for my men." Do you know anything about that?

A. I deny it, sir, in toto—emphatically—that any prominent citizens gave arms to any of the men there. They helped themselves to arms—somebody did—at this armory. I just related how I was afraid they were going to help themselves to some more, and I got them myself, and carried them to the watch-house.

Q. Do you know whether there was any coöperation between Bob Ammon and the railroad officials during these troubles, working together?

A. I do not know of my own knowledge. I would say I do not know a thing about it, and I did not believe there was anything of the sort—work together in harmony?

Q. Yes?

A. Not a bit of it.

Q. Here is a statement he makes in regard to you: "I pledged my honor that they would be guilty of no violence, and they heartily and unanimously seconded my pledge. The mayor expressed his satisfaction at the aspect of affairs, and ordered the police off the ground. The train dispatcher wished to retain ten policemen as a guard for the property, and the question was referred to me whether they should remain or not. I put it to the men, and they responded 'Do as you please about that, Bob; you're boss now, and we'll follow where you lead.'" Mayor Phillips said to them: "If you are determined to strike, I beg to state that I have known Mr. Ammon from his childhood, and have full confidence in his honor and judgment, and I don't think he would give you any wrong advice?"

A. That is stuff. I did not know Bob Ammon more than five minutes before that. He introduced himself to me, and he was a young man. I could not express satisfaction with men who were doing wrong and breaking the laws of the city. That would not do. I emphatically deny the whole thing.


Thomas Furlong, sworn:

By Mr. Lindsey:

Q. Where do you reside, Mr. Furlong?

A. I reside in Oil City, Venango county.

Q. Were you in the city of Pittsburgh in July last?

A. I was.

Q. Were you present at the scene of the riots during any of the days?

A. I was. I arrived in the city of Pittsburgh on Friday morning, about nine o'clock, and remained here after that during the riot.

Q. I wish you would state, Mr. Furlong, what knowledge you have of any of the police of the city of Philadelphia having fired upon any of the troops, the soldiers?

A. Well, while working in my capacity of detective officer, I was called to Philadelphia—the city of Philadelphia—to get evidence in regard to certain things that occurred during the riot. While there, I received information that some of the mayor's police had fired on the Philadelphia soldiers during their retreat on Sunday morning, on Butler street, on the morning of the 22.

Q. What did you learn in relation to it?

A. I saw one gentleman in Philadelphia that said he would swear he saw a uniformed police officer fire at the Philadelphia from the curbstone or from the pavement.

Q. Who was this gentleman?

A. I disremember his name now. I have his name and all the facts.

Q. Do you know where he lives?

A. I do know where he can be found. He lives in Philadelphia.

Mr. Lindsey: I think we hardly ought to take his testimony—what this gentleman said. We ought to have the gentleman himself. You can go on and state what you found out yourself about the truth, either in admissions that the police may have made in your presence, or from facts that you have dug up, that is, in relation to the matter you may state, and not what the gent said.

A. All the evidence that I obtained in that line in reference to the matter came in that way. It is hearsay evidence. There has never been information made against this party.

Q. Against the policeman?

A. Against the policeman charged with having done this shooting. For that reason I didn't bring these records along. I should have brought those records if there had been information made against him, and I saw no police officers fire at the Philadelphia soldiers myself.

Q. Have you any other evidence to show that a policeman fired upon the Philadelphia soldiers except what was told to you by the gentleman that you spoke of in Philadelphia?

A. I have interviewed the other gentleman upon the same subject, and the statement of this first gentleman—Philadelphia gentleman—has been corroborated by other parties. There is a police officer in the city at the present time, a member of the force now, that saw a police officer, who was a police officer at that time, on the 22d of July, saw him engaged in supplying ammunition to be fired at the Philadelphia soldiers.

Q. Can you give us the name of that police officer?

A. I could give you the name of that police officer and the name of the man that supplied the ammunition. I would rather not do it, though. I have been working in connection with our council.


F. S. Bissell, sworn:

By Mr. Lindsey:

Q. Where do you reside?

A. I reside in the Eighteenth ward.

Q. What is you business?

A. Foundry business.

Q. Please state what you saw and heard of the riot, in a brief way?

A. I will state briefly, that about, I think, after twelve o'clock, on Sunday, I had learned what had transpired in the city.—I live quite a distance out—and I came to the city and walked down Liberty street, and saw the wrecking, and went down past the Union depot, and waited, I suppose, ten or fifteen minutes there, went around towards Adam's Express depot, saw what transpired there, although I was on the outskirts of the crowd, and although I didn't mingle in the crowd, and learned from some parties that a meeting was to be held at the city hall, for the purpose of rallying a number of citizens to quell the riot or insurrection. After a number of ineffectual efforts to get a body of citizens together, I went with a few parties down to the Duquesne depot. I made up my mind that that would be the next place burned.

Q. Please state where the Duquesne depot is?

A. Duquesne depot is at the foot of Liberty street, on the river, at lower end, fronting on the Monongahela.

Q. What road is the depot on?

A. The Pennsylvania depot—it is the old Pennsylvania depot.

Q. Go on Mr. Bissell?

A. During the afternoon we arrested two parties there in the act of firing—one in the act of firing a car, and the other inquiring how to get into the depot—how to set it on fire. I state this briefly—these parties have been tried. I remained around there all the afternoon, until ten o'clock that night, and about six or half-past six, along about there, after the elevator had burned or was about falling, a wagon came very rapidly down street—it was one of the express wagons—and informed some one there that the next attempt would be that depot, that the mob were surging that way. I then started with a few citizens, Mr. Little and McCandless and others, to get a cable to stretch around that building, our object being to keep back the crowd, and allow nobody inside that line if possible, so as to distinguish who the parties might be who would come to burn it. We got a few of the young men who belonged to the military—belonged to some of the militia companies—to stand guard inside of the rope during the night, and some other persons living at that place. There was nothing particularly transpired after that that I know of. We stayed there until half-past ten, or about that, and then went home.

By Senator Yutzy:

Q. How many men went with you to the Duquesne depot?

A. We started from the city hall. That was the organization that we called Doctor Donnelly's brigade. They had marched up street, and I think there was about a dozen of us remained at the depot, and we made up our minds to stay there. This was on Sunday afternoon. We expended our breath in trying to impress upon the citizens around about there, that if they burned that depot, it would burn their property.

Q. Was there a large crowd of people then in that vicinity?

A. Quite a large crowd. I suppose somewhere in the neighborhood of a thousand or more scattered around. There is a pretty large extent of ground.

Q. Did many participate in riotous conduct there?

A. No, sir; it seemed to be a few parties. They were pretty much all under the influence of liquor.

Q. Many of this crowd were there from curiosity?

A. A good many, I have no doubt. The report was, that they were coming down towards the Duquesne depot, and the next place would likely be the Duquesne depot and the bridges. That was only, doubtless, the opinions of the people.

Q. These men you arrested there in the act of applying the torch to the depot and the cars you speak of, were they accompanied by any considerable number of men appearing to be participating in it?

A. A few sympathizers, and men who were standing out there appeared to be sympathizers. That was the party who was arrested by Doctor Dixon. He was tried.

Q. Was he a citizen of the place?

A. I think he lived down on the south side, somewhere.

Q. The other man, was he a citizen of the city?

A. I couldn't say. I don't know anything about him.

Q. Have both of those men been tried?

A. They have, sir. I think they have been tried.

Q. Were there any police in the vicinity at the time you were stationed there?

A. No, sir; I didn't see any. We clubbed together, a number of us then, and made up a little purse and hired a few police.

Q. Private police?

A. No; only to look after the building at night, and help us arrest anybody that should attempt to burn.

Q. Were those men sworn in by you men as special police?

A. I think they had belonged to the police force—the men who had been discharged, owing to the inadequacy of the funds to meet bills.

Q. Did you have any conversation with the mayor in regard to these policemen?

A. No, sir; I had no conversation myself. We put down what we could pay, and paid it when we were called upon.

By Senator Reyburn:

Q. Did you go down to the scene of the riot and burning on Sunday?

A. Sunday afternoon a good deal of the firing had been done before I got to the city, and walked on down Liberty street past the wrecking—just made a pretty quick trip.

Q. What kind of people were engaged?

A. Some of them appeared to be about as rough a crowd as I ever saw.

Q. Was there much of a crowd actively engaged?

A. I thought so. Down about the Union depot there was an immense crowd of people carrying off all sorts of baggage—seemed to be more engaged at that than anything else, outside of the firemen.

Q. Would it have been impossible for a force of men to have stopped that?

A. I don't think it would have been possible. I didn't see how. I think women would have been shot—a great many innocent people. People were panic stricken, and every thing seemed to be upside down.

Q. Wild?

A. Yes.


Thomas Furlong, re-called:

By Mr. Lindsey:

Q. Mr. Furlong, were you at the Twenty-eighth street crossing at the time the firing occurred?

A. I was.

Q. I wish you would go on and state what you saw there?

A. I was at Twenty-eighth street nearly all day on Saturday, the 21st. I was there at the time the train came in from the east, bearing the Philadelphia soldiers. I followed the train from Twenty-eighth street down to the Union depot, and when I got down there, I found the Philadelphia soldiers had gotten out of the cars and were at lunch on the platform, drinking coffee and eating sandwiches. I had some conversation with them, and finally they fell into line and were marched up the railroad track back towards Twenty-eighth street. I started to go up with them, walking near the head of the column. The sheriff was first in front of the troops with a squad of men, and I was ordered to keep away from the head of the column by some of the sheriffs men. I walked faster than they did—they made rather slow progress. I got up to Twenty-eighth street perhaps ten minutes or thereabouts, before the head of the column reached there. There was a great crowd of people congregated at Twenty-eighth street, and below, and on the hill all around there—a terrible crowd of people. As soon as the soldiers got in sight of this crowd, they commenced shouting, jeering, swearing, using abusive and profane language, and the closer the soldiers got to them the more boisterous the crowd grew. The soldiers came advancing slowly until the head of the column got almost to where Twenty-eighth street crosses the railroad track. The crowd didn't give way, they just stood there blockading the crossing. It was a solid mass of people. The soldiers walked right up against them, and I was standing, at that time, in the neighborhood of forty feet below the lower side of Twenty-eighth street, on the east side of the track, on the right hand side of the track going out of the depot, standing close by the track, but about forty feet below the watch box that is situated there. There was a young man—I don't know his name, I never saw him—nor have seen him since, although I looked for him a good deal, too—standing within about three feet of where I was, at the time the soldiers marched up against this crowd. He picked up some stones—he had some stones gathered up—a little pile of stones. He picked up these stones, and commenced to throw down into the soldiers. I remonstrated with him, told him he ought not to do it, the soldiers would be likely to fire up there. He replied, they daresn't shoot. He then pulled a revolver out of his hip pocket and fired down towards the soldiers. When I saw him point his revolver, and I followed the direction at that time, there was just a shower of missiles and stones of one kind or another. Every person appeared to be throwing something; and from the other side of the track they were throwing coal. The coal just appeared to be raising off the cars and dropping on the soldiers. This man fired two shots out of his pistol.

By Senator Reyburn:

Q. Did he shoot as if he was taking aim?

A. Yes he aimed toward the soldiers. I couldn't see that he took deliberate aim at any particular person, but he fired down into the troops.

Q. He didn't fire up into the air?

A. No, sir. We were standing on an elevated position. We were above the soldiers, standing, perhaps, three feet higher than the soldiers were standing. I don't see how he could have fired down there, without hurting some of the soldiers or citizens, or some of the mob. The people were so thick down there. There was another man standing behind this watch-box, and he also fired into the crowd, with a revolver.

Q. How many shots were fired by the mob, before there was any firing from the soldiers?

A. I saw smoke come from behind this watch-box. I thought at the time it was some person. I saw a man there, this man wore a cap, and from where I was standing, I could see him very plainly in looking that way, and I thought he was shooting. I could see the smoke, but there was so much noise, that I could not hear the report of the pistol. I saw two shots fired by this man, immediately in front of me, and before the report of his last shot quit ringing in my ears, the soldiers commenced firing.

Q. Did you hear any command given to the soldiers to fire?

A. I didn't; I stood there for, I suppose, a minute and a half after the mob threw coal, and stones, clubs, and missiles of that kind, at the soldiers, and I was very much afraid that the soldiers wouldn't fire. I was afraid that they were going to lay down their guns, and not fire. I wanted to see them fire. I was afraid they would lay their guns down, and not fire. In fact, I was very glad to hear them commence firing.

Q. What effect did the firing by the soldiers have upon the mob?

A. It scattered that mob quicker than any mob I ever saw scattered before in my life. The first shot that was fired, I thought the ball came pretty close to where I was. I could hear it whistle, and I laid down. The crowd was so that I did not consider it safe to run, and I dropped down on my face right where I was standing, and I laid there until the firing ceased, and when I got up, there was no rioter to be seen anyplace; that is, in that immediate vicinity.

Q. Where did they go to?

A. There was a ditch or a washout; there was a ridge running diagonally down the hill off Twenty-eighth street then, and there was an old water course alongside of this ridge, in some places that was several feet deep, and they piled in there and laid down on the side of the hill, and behind coal cars and behind houses, and they got just wherever they could.

Q. How long was the crowd in re-assembling.

A. Well. I remained there. This firing occurred shortly after five o'clock in the afternoon—it couldn't have been quarter after five—I think it was hardly that late—five or ten minutes after five o'clock, perhaps—along there—and I remained there on the ground until after six o'clock, and the crowd hadn't re-assembled on the crossing, while I was there. A very large crowd gathered down on Liberty and Twenty-eighth street, down on Penn and Twenty-eighth, and in that neighborhood, there was large crowds of people, but they didn't come to where the soldiers were—kept away from the soldiers. The soldiers, after the firing was over, they threw out a guard line, and took possession of the track, and didn't allow parties to walk up or down the track.

By Mr. Means:

Q. The soldiers had entire control of the track?

A. They had entire control of the track at that time; yes, sir. I came down town and got my supper, and after that I went to Twenty-eighth street. At that time the soldiers were in the round-house, so I was informed.

Q. Was this picket line still out?

A. No; I didn't find any picket. I did not go up the railroad track. I went up Penn street at that time. I was not up on the railroad track, and I could not say whether there was a picket line on the railroad track or not, at that time.

By Mr. Lindsey:

Q. If you were present at any of the efforts made by the railroad company to start their trains, you might state what occurred on Friday and Saturday?

A. On Friday I was up there all day, in the vicinity of Twenty-eighth street—in the neighborhood, back and forward—and I saw a number of engines making steam, and heard, from time to time, that they were going to start trains out, and also heard the railroad strikers say that they couldn't take any trains out. They were not going to permit any trains to go out—any double-headers. I saw no trains go out, that is, no freight trains. Saturday morning I saw a few cars of stock. They came over, I believe, from Allegheny, and were taken out to the stock-yards. There must have been, at least, a couple of hundred men on top of the cars.

Q. What class of men?

A. They appeared to be strikers. I didn't know the men. They appeared to me like railroad men, and a good many of them were strangers to me. The cars were just covered with them—as many as could possibly get on. I recollect that Monkey John Richardson, as they called him, was on the train. I think it was his crowd. He seemed to have control of the party.

Q. It was run by the strikers themselves?

A. I believe that the train was run by the strikers; yes, sir.


J. P. Moore, sworn:

By Mr. Lindsey:

Q. Where do you reside?

A. In the city.

Q. Are you a member of the National Guard?

A. Yes, sir; adjutant general, Sixth division, for the last three years.

Q. Adjutant, Sixth division?

A. Yes, sir.

Q. It is not necessary to go over the whole history; General Pearson has given us a full history. I would like you to state what occurred on Saturday, beginning with the arrival of the Philadelphia troops, and state what came to your knowledge. Give us a full history of what occurred after that time?

A. I accompanied General Pearson with the Philadelphia troops as far as the outer round-house. Upon our arrival there, General Pearson had notice of the displacement of the troops he had posted at three o'clock in the morning.

Q. What troops were those?

A. The Fourteenth and Nineteenth regiments, and Breck's battery. He immediately went to the crossing, and taking Major Evans with us, we went up to Colonel Howard—not seeing General Brown—and inquired the reason of the displacement of the Nineteenth regiment from the position he placed it in in the morning. The general was not satisfied with the answer of Colonel Howard, and returned, and found as we were coming down, that the sheriff was addressing the people, or notifying them to leave the scene. The Nineteenth was in the hospital grounds. On our arrival at Twenty-eighth street, the general directed me to remain with General Brinton, and he went to the telegraph office—Mr. Pitcairn's office—and telegraph communication with the Adjutant General was established. General Brinton then formed the First regiment, one line facing towards the hill and one towards Liberty street, and directed the company in grey uniform, one of which I think was the Weccacoe Legion, and a portion of the Washington Greys, to clear the people from between the ranks. They started on that movement, followed by the two Gatling guns, and went up with the two guns as far as Twenty-eighth street, when they came as far as crossing of Twenty-eighth street. In order to move the crowd back, the Legion endeavored to make a wheel to the left. In making that wheel, the order was given to charge bayonets, and the front rank came to an arms port; the rear rank stepped back about a pace, the crowd being so dense in front of them, that the men in the front rank could not get to the position of charge bayonets. The rear rank kept back about a pace, and they came to the charge.

Q. Who gave the order to charge bayonets?

A. I am not certain whether it was General Matthews or not. I heard General Matthews give the order to load, but I could not say whether it was General Matthews or a company officer that gave the command to charge. At the same instant, a man by the name of Horn, who was about three files from the left of the company, stooped down and passed through the front rank, raised up and struck at General Brinton, and at the same instant a pistol shot was fired either by the man Horn or a man immediately in his rear. Stones were hurled, and one of the men of the—I cannot say whether he belonged to the Greys or the Weccacoe Legion, but it was one of the party that was charging—was struck on the shoulder and knocked against one of the Gatling guns. There had been no firing done by the troops at that time, but the crowd outside were hurling epithets at the soldiers, and asking, "Why don't you shoot, you sons of bitches. Why don't you shoot?"

By Senator Reyburn:

Q. Did they shoot or fire?

A. Some of them said: "Why don't you fire? Why don't you shoot;" and some of them said: "Shoot, you sons of bitches! Why don't you shoot," General Brinton gave the order to cease firing a very few moments afterwards. There was one point I wished to call your attention to—this man of the Weccacoe Legion—and I believe he is the same man Doctor Murdock spoke of yesterday—that man firing his piece three times after instructions; wiping the blood out of his eyes, loaded and fired his piece.

Q. Where was he struck?

A. He was struck about the head, and blood was running down over his face.

Q. Then he wiped the blood out of his eyes and fired his piece afterwards?

A. Yes, sir.

By Mr. Lindsey:

Q. Was the command to fire given by any of the officers?

A. I think it was.

Q. What ones?

A. I could not designate the officer. I heard the word fire so frequently between the parties outside casting their anathemas at the soldiers. As I understood, the order came from an officer; but I could not distinguish which one it was. I heard the order to load very distinctly.

Q. Did you hear the order from an officer to fire?

A. I did so.

By Senator Reyburn:

Q. Which men fired? These men endeavoring to press back the crowd, did they fire? You say they wheeled to clear the crowd off Twenty-eighth street; did they fire into this crowd?

A. I think not, sir.

Q. Where did the firing come from?

A. From the First regiment.

Q. They were standing back by the cars, were they?

A. One line here—it was standing towards Liberty street, and the other facing towards the hill.

Q. The two ranks—the one in front facing to the right, and the rear facing to the left?

A. I think the front rank was facing towards Liberty street. I think they were moved out by the left flank from Union depot.

Q. The front rank would be facing towards the hillside and the rear rank facing towards Liberty street?

A. I think not, sir. They marched left and front. Their proper front would be by left face. They were marched out that way; consequently the front rank would face towards Liberty street.

Q. The other rank would face towards the hill?

A. Yes, sir.

Q. Where did this firing come from—the front rank, facing the hill?

A. The rank facing the hill fired. The first shots that were fired from the front rank were fired towards Liberty street, and they turned round then and commenced firing in another direction, over their heads and through the files of officers, and General Brinton gave the order to cease firing, with Colonel Benson and Major Lazarus. Colonel Stewart, of the Governor's staff, who was then in citizen's clothes at that time, came down and volunteered to assist in anything which was to be done. Major Fife and myself went down the line and assisted in stopping the firing.

Q. Did they fire as if they had been commanded or ordered to fire?

A. The first round or so evidenced that fact to me. Immediately after the firing, I received an order from General Pearson to take one half a regiment of General Loud's brigade. I reported to General Brinton the order on General Loud, and he informed me he had seen General Pearson, and the matter was arranged. I asked him where General Pearson was, and he said he was in Pitcairn's office.

Q. You say General Pearson ordered you to take a portion of the regiment?

A. To the Union depot. I reported to Brinton for an order on General Loud.

By Mr. Larrabee:

Q. Where was General Pearson at the time the firing took place?

A. He was in Pitcairn's office.

Q. He was not present?

A. No, sir; there was no officer of the division at Twenty-eighth street, except myself at the crossing. The cars were taken out for the removal of the Fourteenth and Nineteenth regiments—an order had been issued to that effect. The train was taken out and left about, maybe, one hundred and fifty feet below Twenty-eighth street. Immediately at the end of the train, I left Major Dickson, Captain Denney, of Colonel Guthrie's staff, Major Fife, and Major Stroff. Major Evans went over to the Nineteenth regiment.

By Senator Reyburn:

Q. You say General Pearson was in Pitcairn's office?

A. Yes, sir.

Q. He was not there at all—how far is that from where the firing was?

A. About eleven hundred feet, according to my estimate of it. There was not an officer of the sixth division there except myself.

Q. Then it was impossible for him to have given the order?

A. He did not give any order to fire. General Brinton left immediately after the firing to see General Pearson in answer to an inquiry which was brought by Major Evans to him in regard to the firing. When I received this order I started to report to General Brinton to get the order spoken of a few moments ago, and I met General Brinton at the—going into the office of Mr. Pitcairn, and received from him the information that General Pearson was in Pitcairn's office. The first authentic information that General Pearson had of the firing was what I communicated to him in Pitcairn's office.

Q. What was the reason given for you sending this portion of the regiment—it was not sent anywhere, was it—to the Union depot?