Philadelphia, Monday, March 25, 1878.
Pursuant to adjournment, the committee re-assembled at ten o'clock, A.M., this day, in the St. Cloud hotel, and continued the taking of testimony.
R. Dale Benson, sworn:
By Mr. Lindsey:
Q. Where is your residence?
A. No. 260 South Fifteenth street.
Q. Were you a member of the National Guards in July last?
A. I was colonel of the First regiment of infantry.
Q. And you accompanied General Brinton's division to Pittsburgh?
A. Yes; I left with them from Philadelphia.
Q. Did you go with them to Twenty-eighth street, on Saturday?
A. Yes; my position was the right of the First brigade—the right of the division. I have heard General Mathews' and Colonel Snowden's testimony in regard to the details, and my testimony is pretty much the same.
Q. Their testimony in that respect was correct?
A. Yes; the only difference I would notice is in regard to what they testify in regard to my right. My right was impeded by a crowd of citizens at Twenty-eighth street. The column was halted on account of moving the Gatling guns, and I went ahead and told the crowd to leave my front, and some citizen came back to me agitated and excited, and said it was the sheriff's posse. I told him that it didn't make any difference what it was, that they must leave my front. He asked me whether my men would do their duty, and I told him it was not his business, and I ordered them to disperse. Two or three others came back and said they were ordered to march there, and I declined to allow them to march in my front. General Mathews was in the rear, attending to the Gatling guns, and I turned the party over to him, who turned out to be the sheriff of Allegheny county. General Mathews afterwards came and said they were instructed to march there, and so they were permitted.
By Mr. Means:
Q. Was it the sheriff himself that you stopped?
A. I was so informed afterwards.
Q. You knew it was the sheriff afterwards?
A. Yes; I didn't know him, and don't now. I never met him after that.
By Mr. Lindsey:
Q. State whether there was any order given to fire at Twenty-eighth street?
A. I never received any order, and gave no order to fire, nor do I believe any order was given to fire. The firing at Twenty-eighth street commended by the men in the rear rank of the Weccacoe Legion. The company had been brought to a charge bayonets when the crowd seized this man's musket. I saw them take hold of it. He drew back and fired. The firing extended then towards the right—towards the Washington Grays.
Q. Did he draw his musket away?
A. He stepped back about a pace, and fired.
Q. Did he fire at the man?
A. I cannot tell, but he fired into the crowd. The firing then extended to the right. My regiment was crowded into—the crowd overlapping my right, which I suppose was the cause of the troops being ordered from my right to push the crowd back. The firing was desultory file firing, and I think that the responsibility for it rests with the authorities who put the troops into that perilous position.
Q. Had there been firing by the crowd before that?
A. Yes; there had been shots from the hill, and stone firing and firing also took place from Twenty-eighth street and from under the cars on my front.
Q. What time did this occur—this firing?
A. I should judge about three and a half or four o'clock. I didn't refer to my watch. Its only a calculation of mine—a guess at it.
Q. Did that disperse the crowd?
A. Entirely—from our immediate front and from the hill.
Q. Where did you remain after the firing?
A. In the same position.
Q. Until what time?
A. Until towards seven o'clock—six and a half or seven o'clock—I didn't refer to my watch during the afternoon.
Q. Then you retired into the round-house?
A. Yes.
Q. State what the condition of the round-house was when you left it in the morning?
A. I considered it wholly untenable. During the morning, General Brinton came to me, and we were talking over some matter, and I called his attention to the fact that we would have to leave the building very soon. From the windows we could see that the machine shops adjoining were on fire. At the time the fire was very close, and cars were burning on Liberty street. I told him that the building could not be saved, and some hour or two after that the building was entirely on fire adjoining us, and the smoke was so dense we could not breathe. Shortly after that we were moved out.
Q. Did the troops move out in good order?
A. In perfect order.
Q. In what direction did you retire?
A. Out Twenty-fifth street to Penn avenue, and down Penn avenue.
Q. Did your troops keep good order during the entire retreat out Penn avenue?
A. Pretty much so, until we got to the arsenal. There was some confusion there.
Q. What caused it?
A. I judge—I was on the extreme right—I suppose it was the firing in the rear. My position on the extreme right prevented me from seeing what took place; but I have no question that the troops were fired into, though I could not see it myself.
Q. Did you see any firing along the route from the round-house?
A. I didn't, though I heard shots.
Q. You heard shots?
A. Yes.
Q. State what the conduct of the men was in the round-house during the night?
A. My observation was almost entirely confined to my own corps. I never left my regiment, except to visit the detachments on duty, and so far as my regiment was concerned they were entirely under my control. The troops in the other buildings I didn't see.
Q. Was there any demoralization discoverable?
A. None that I saw. I never saw men more patient or under better discipline.
Q. How long did you halt at the arsenal?
A. I judge a very few moments. Probably five minutes.
Q. Did you know or see where General Brinton went?
A. I didn't.
Q. Did any of your men leave you at the arsenal?
A. Yes.
Q. How many?
A. I think five or six—an officer and five or six men.
Q. Where did they join you?
A. Some at Blairsville Intersection and some at Pittsburgh.
Q. How long afterwards?
A. Two or three men joined us in two or three days, and the officer in six or seven days. One of the men never reported at all. He was court-martialed—and the officer, too—all the men that left.
Q. A regimental court-martial?
A. No; it was ordered by brigade head-quarters.
Q. Was the officer discharged from the service?
A. He was not discharged.
Q. What was done by the court-martial?
A. The verdict was absent without leave, without criminal intent.
Q. That was the officer?
A. Yes.
Q. What was his rank?
A. Major and surgeon.
Q. If you know the reasons that induced that verdict you may state them?
A. My opinion is pretty much hearsay. I was not a member of the court. The proceedings were reviewed by General Brinton, and he can give you better the facts that led to the verdict. His order didn't approve of the action of the court.
Q. It didn't?
A. No.
Q. Were the men discharged?
A. The result of the court-martial has not been promulgated as yet.
Q. Had you any men that refused to report for duty when you first got the call to proceed to Pittsburgh?
A. I don't think there was any instance of that kind. My regiment had on duty four hundred and sixty-four men out of a roll of about five hundred and sixty, and some of these men who were absent had made efforts to report, but were unable on account of lack of transportation, or on account of being sent back after they started.
Q. Did any of your men who were not able to join you the night you left undertake to come to you at Pittsburgh afterwards?
A. Quite a number. One detachment reach Altoona and went back.
Q. Which regiment?
A. I refer to the detachment of my own regiment.
Q. Do you know why they went back?
A. My information is—I demanded a statement from the lieutenant—that General Beaver allowed the troops to do as they pleased at Altoona—to remain or to return.
Q. Was that detachment the one that marched on foot part of the way, and was escorted over the bridge at Harrisburg?
A. No.
Q. Did they get back to Philadelphia?
A. Yes; they made a march and detour near Harrisburg, but they got to Philadelphia. They were on the same train with the First City Troops.
Q. Was there any court-martial of those troops?
A. No; they reported to the regiment afterwards.
Q. What was done about them?
A. The case was scrutinized by me. It didn't go up any higher than myself, because I thought that the officer was justified under the circumstances. He merely followed the direction that most of the other troops took.
Q. Could he have gone on to Pittsburgh at that time?
A. I judge not—for want of transportation.
Q. How many days was it before the road was opened so that the detachment could have gone to Pittsburgh?
A. I cannot give the exact day. I think the road was opened about the 27th or 28th.
Q. What day was it they returned from Altoona?
A. They reported at Blairsville intersection—that detachment with others.
Q. When did they report to you at Blairsville?
A. I judge it was about the 26th, probably.
By Mr. Means:
Q. Do you think the troops could have remained any longer in the round-house than they did?
A. No; and I didn't see what the necessity was for their remaining there anyhow.
Q. What was the condition of your command, in regard to rest and want of food?
A. The men were very much exhausted. They had been taken away during the night from their homes, and, of course, had very little sleep, and little or nothing to eat, and, of course, they were very much exhausted. Still, as they demonstrated on their march, they could do their duty. I would like to state to the committee, that at no time, from the hour when my regiment left Philadelphia until it returned, was there any moment, in my estimation, when the men were not prepared for any duty, that they were called on to do.
Q. You had some army experience?
A. I served about three years and six months in the army.
Q. Your troops were as ready to do service as those in the United States army?
A. I never saw any difference.
Walter G. Wilson, sworn:
By Mr. Lindsey:
Q. State your residence, and what position you held in the National Guard in July last?
A. I live at No. 2323 Green street, Philadelphia, and I was major and acting assistant adjutant general with General Brinton, during the July riots.
Q. Did you hear the testimony of Generals Brinton and Mathews?
A. Yes.
Q. In the details as to what occurred at Twenty-eighth street. State whether their testimony was substantially correct?
A. Their testimony was entirely correct, so far as my knowledge went. I was on the ground constantly with General Brinton, during that afternoon, and reported to General Pearson, of my arrival with him. General Pearson was then at the Union depot. The formation of the column and line of march was stated by both Generals Brinton and Mathews, and is substantially correct.
Q. State whether at Twenty-eighth street you heard any command given to fire?
A. I did not.
Q. By any officer?
A. I did not.
Q. State what the action of the crowd was there, prior to the firing by the troops?
A. The action of the crowd was such as to induce me to believe that a conflict was inevitable. I was satisfied they had made up their minds to have a row. There was jeering and insults in every direction, but the men bore it all patiently. I heard General Brinton, on leaving the Union depot, state, if I am not mistaken, to General Mathews and General Loud, that he wanted them to endure, and pay no attention to anything the mob might say or do, even if they spat in their faces—simply, if they were attacked, to defend themselves. At Twenty-eighth street it was absolutely impossible to move on account of the crowd. The Gatling guns were brought in between the ranks, and, when the crowd were pushing in and surging in at the end, the Washington Grays were formed across, but were found insufficient to keep the crowd back. General Brinton then sent me with instructions to bring up other men, as the mob were pressing in between the ranks of the First regiment, which I did. I heard no order given to fire, and saw distinctly, not only pistol shots, but stones and missiles of various kinds thrown from all directions. I saw, after the firing—in fact, it seemed to me that the firing had hardly commenced before the crowd scattered in every direction. I saw, immediately, Generals Brinton and Mathews and Colonel Benson, if I am not mistaken, give the command to cease firing, and go up and down the line endeavoring to stop the men. The crowd had dispersed in every direction.
Q. How long did you remain in that position before you moved into the round-house?
A. I should judge it was about two hours, probably three hours. The firing had hardly ceased, when General Brinton got a note from General Pearson, to which he sent me to reply in person. Upon reporting to him the state of affairs at Twenty-eighth street, he directed me to return, and inform General Brinton that he would like to see him personally. I did so, and accompanied General Brinton back to the outer office, where General Pearson was.
Q. Where was he?
A. In the second story in the office at Twenty-sixth or Twenty-seventh street, at the outer depot.
Q. How was he dressed?
A. He had on a fatigue uniform and cap, and sack coat or blouse—an officer's blouse—and dark pants, and, if I am not mistaken, a white vest. He had on shoulder straps, and the mark of his rank on the cap.
Q. Did he have on a belt?
A. No; I think not.
Q. State what the conduct of the troops was during the night in the round-house?
A. The conduct of the troops was unexceptionable. I was up and around during the entire night, from one part of the building to the other, and I saw no instance where the men refused to obey any order given to them, although they were, of course, rather exhausted, and rather hungry; yet, at the same time, any command that was given was obeyed at once, cheerfully and willingly. The slight disturbance that General Brinton spoke of in his testimony was so slight that I never knew anything about it until long afterwards, and I suppose I had probably as much opportunity to know what was going on as anybody.
Q. State whether you had notice of the orders received by General Brinton from General Latta or from General Pearson?
A. Yes, sir; I had.
Q. Of all the orders?
A. Yes.
Q. State whether General Brinton received any orders from General Latta before leaving the round-house?
A. He received two dispatches during the night from General Latta.
Q. State what they were?
A. The first one was complimenting him very highly.
Q. Were they telegraphic dispatches?
A. No; they came by the hand of a scout whom General Brinton sent to communicate with General Latta.
Q. Named Wilson?
A. Yes—of the Jefferson Cavalry. The first were sent off with members of the Hutchinson Battery, and they never returned. Wilson brought back an answer regarding the situation in which we were placed, stating we understand the situation thoroughly, and an effort would be shortly made to provision the troops—that ammunition had been sent to Guthrie, and that the troops at Walls station would join Guthrie, and that Guthrie would be on the way, and certainly ought to be with us by six or seven o'clock, and stating also that there was no chance for friction primers. The second dispatch—Sergeant Wilson went out again and returned about two o'clock—maybe three o'clock—and brought another dispatch from General Latta complimenting the division very highly upon their conduct, and stating that the ammunition had reached Colonel Guthrie, and that he would be on his way shortly, and certainly would reach the round-house not later than five or six o'clock, and to hold on vigorously, or if compelled to leave, that we should do so by way of Penn avenue or eastward, and take Penn avenue.
Q. What time was that dispatch received?
A. I should judge in the neighborhood of two or three o'clock.
Q. Did General Brinton stay as long as he could in the round-house?
A. He stayed as long as he possibly could stay—as long as it was possible to stay. I think it was ten minutes of eight o'clock when the order was given for the troops to fall in for the purpose of leaving. At that time the roof of the round-house was on fire, and the building was full of smoke, and the only part that was not on fire was the office building of the upholstery shop, through which we went out. The piles of lumber in the direction of the Union depot—I don't know whether east or north from that—were all afire. Shortly before leaving, I went to the upholstery shops, and could see nothing but a mass of flames to the Union depot.
Q. Were any guards thrown out to guard the approaches to the round-house during the night?
A. Yes; as far as it was prudent or possible to throw them.
Q. Were any attacks made on the guards during the night by the mob?
A. There was no attack. It was a desultory kind of firing during the entire night from every direction. Men would conceal themselves behind piles of lumber, and in the windows of the houses, and behind chimneys, on roofs. The firing came from every direction.
Q. At what distance were guards placed from the round-house?
A. It was probably as far as from here to Eighth street—probably two hundred yards.
Q. Did they remain out all night that distance?
A. Yes.
Q. Were any of them wounded there?
A. No; it was on the track side, towards the Union depot. The building was not defensible at all from that side.
Q. From the side towards the depot no attack was made?
A. No.
Q. How far were the guards out on the side towards Philadelphia?
A. There were no guards there. A part of the Sixth division was supposed to be in the Twenty-eighth street round-house.
Q. You had no guards on the street leading to Penn street?
A. There was no occasion for them. Everything was in perfect view, as far as that was concerned, from the building itself.
Q. State in what kind of order the troops marched out?
A. The order was perfect.
Q. Was there any firing along the route?
A. There was considerable firing along the route.
Q. Were you present when General Brinton met Major Buffington at the arsenal?
A. I was present when he met a person, supposed to be the person commanding the arsenal.
Q. Where was he?
A. It was at his house inside the arsenal grounds.
Q. How far from the house?
A. Right on the steps—right on the porch.
Q. What took place between them?
A. Well, General Brinton introduced himself, and told him who he was, and requested substantially—that was he requested permission to bring the men inside, and, if possible, to get ammunition and provisions for them, or if not, to allow them to remain there until he could communicate with General Latta, and get some orders. Buffington immediately ordered him to leave the place as rapidly as possible, and leave no men inside. He did that in an abrupt manner, as much as to say, if you don't go out, I will throw you out.
Q. Had you been directed to Major Buffington's house by anybody?
A. My impression is that Captain Murphy took us there. It may have been that some person just at the door, or the sentry at the gate, may have said so.
Q. You accompanied General Brinton to the house?
A. Yes.
Q. Did you meet him before calling at the door or ringing the bell?
A. We met him right at the porch. I think there was a lady standing there, and the question was asked if Major Buffington was in, and at that moment he came out. I know that nobody went for him.
Q. You turned then and——
A. Went to the gate as rapidly as possible.
Q. Did Major Buffington come up to the gate before you left?
A. No.
Q. Did you see anything more of him?
A. I didn't. He turned on his heel and went into the house.
Q. Did you see anything of Lieutenant Lyon?
A. I don't know the lieutenant at all. I will state this much, I think there was some one in citizen's clothing, when the wounded were brought to the gate, who said allow them to come in, and I suppose from what I heard afterwards that it may have been Lieutenant Lyon.
Q. Describe the appearance of the man you met at the house, supposed to be Major Buffington?
A. I cannot do that.
By Senator Yutzy:
Q. Was he in uniform?
A. No; in citizen's clothes. I don't know that I would know him if I saw him. It was all in a moment, and the excitement, as a matter of course, was great, and I paid no particular attention to the man's appearance.
Q. Do you remember whether he wore a mustache or not?
A. I think he had hair on his face; but whether a mustache or not I won't be certain. I think he had hair on his face.
Q. Some gentleman was there?
A. There was somebody who said he was Major Buffington.
Q. There was some person who permitted you to bring the wounded inside?
A. Yes; that was afterwards. After we were ordered out.
Q. State whether you were present when Colonel Norris overtook General Brinton?
A. I was.
Q. What orders did he give, if any?
A. None; he gave no orders.
Q. Did you hear anything or all of what took place between them?
A. I did. I heard the entire conversation.
Q. Do you know whether General Brinton received any orders after leaving the round-house or not during that day?
A. Not until late in the afternoon.
Q. What were they, and who communicated them?
A. Those orders came out by the hand of Major Baugh, who reported to General Brinton at Claremont, and was immediately sent back by orders from General Latta—I think it was him—but they were received late that afternoon, directing the general to bring the entire division to Altoona by rail.
Q. That was a written order?
A. Yes.
Q. Did a man by the name of Colonel Smith reach you during the day, Sunday?
A. Norman Smith?
Q. Yes.
A. He reached us on Sunday. I saw him—the first time I saw him to know him—he may have reached us an hour or so before—it was after the division had encamped on the hills overlooking Claremont. He was there, and stayed for some hours.
Q. Do you know what his mission was?
A. I don't know that it had anything to do with any military matters, and I think he said he had an appointment with somebody to go across the country. I didn't ask him who.
Q. Do you know whether General Brinton telegraphed to Colonel Scott of the Pennsylvania Railroad?
A. He sent a number of dispatches to Colonel Scott during the time we were out, in relation to various matters, for the purpose of urging the necessity of endeavoring to procure us ammunition, and provision, and blankets, and clothing, &c. And I know he also sent a note. I am under the impression it was in response to an inquiry as to the condition of the men, and he stated that, if he was allowed his own way, he could open the entire road from Philadelphia to Pittsburgh with the First division.
Q. When did he send that dispatch?
A. While we were at Blairsville Intersection.
Q. Do you know on what day?
A. I cannot state the day. We got there, I think, on the afternoon of the 23d, and it may have been the following morning. It was just in response to an inquiry as to the morale of the division.
By Mr. Means:
Q. Was there one or more sentinels at the gate when you reached the arsenal?
A. There was but one. There may have been one or two in the box; but one was patrolling the beat.
Q. Didn't the sergeant there point out to you and General Brinton the gate to Major Buffington's quarters?
A. No. There may have been somebody who pointed out the house, but nobody went for him.
Q. No one went on with you to the house?
A. No. He may have pointed it out to General Brinton, in response to a question. I don't recollect that he did or didn't.
Q. Did the major come out of the house there, and stand on the steps?
A. He came out of the house—out of the entry way—on to the steps.
By Senator Yutzy:
Q. Did Major Buffington give any reason for refusing admission into the arsenal grounds?
A. I don't think he said anything, except that there was a large amount of property there, or something.
Q. Did he say it would be endangered by bringing on a conflict with the mob?
A. I think not. I have no recollection of it.
By Mr. Means:
Q. Did he tell General Brinton there was no small ammunition there?
A. I have no recollection of his saying anything of the kind. He may have told him that he could not get any; but I have no recollection of his saying there was none.
By Senator Yutzy:
Q. How were your troops supplied with ammunition? Did you have sufficient?
A. No; not at that time. The next morning—Monday morning or afternoon—the ordinance return showed that the Third regiment had about three rounds to a man, and the First regiment, I think, an average of ten.
By Mr. Lindsey:
Q. How many did you have on Saturday afternoon when you went out to Twenty-eighth street?
A. We were supposed to have twenty rounds to a man. Ten were issued at Harrisburg, and ten at Pittsburgh.
Q. State whether General Brinton received orders from General Latta to go to Torrens station; and, if so, when he received them?
A. He received orders from General Latta to go to Torrens station on the night of the 3d of July.
Q. What kind of an order was it?
A. A written order, and sent, as I was afterwards informed, by the hands of Captain Aull, and delivered by him to Colonel Guthrie, and by Colonel Guthrie to the general, at the reception of the Duquesne club, the night before we left Pittsburgh.
Q. When was the order dated.
A. On the morning we left the round-house. It was a very congratulatory order, directing him to go to the stock-yards, and entrench himself there, and congratulating him on the movement of the morning, and stating he was glad to hear he was safe.
Q. What per centage of the men of the First division were soldiers of the late war? Do you know?
A. No; that is pretty hard matter to tell.
Q. From your acquaintance with them could you form an estimate?
A. I should judge probably fifty per cent. of them—taking the strength of the division right straight through—probably more than that.
By Senator Yutzy:
Q. You stated you heard no command given to the troops to fire.
A. No.
Q. Didn't you consider the men justifiable in firing?
A. Yes; I consider it would not have been half a minute before the command would have been given. It would have been necessary.
Q. Was there a consultation among the officers as to the position you should take after the firing took place?
A. The only consultation was between—or a conversation—it was hardly in the nature of a consultation—was between General Brinton and General Pearson. General Pearson sent to know of General Brinton—stating he had heard the firing—whether there were any killed or wounded, and requested him, if he desired to communicate, to send a staff officer. General Brinton sent me, and I immediately returned and reported that General Pearson desired to see him and went back with him.
Q. Where did you find General Pearson?
A. In the second story of the outer office.
Q. Mr. Pitcairn's?
A. I don't know. He was in the telegraph room. There was no consultation about it. It was an absolute order from General Pearson to move the troops in there.
E. DeC. Loud, sworn:
By Mr. Lindsey:
Q. Please state your residence?
A. No. 3741 Spruce street.
Q. State whether you are a member of the National Guard now?
A. Yes.
Q. And you were in July last?
A. Yes.
Q. What was your rank?
A. Brigadier General, commanding the Second brigade.
Q. You accompanied General Brinton to Pittsburgh?
A. Yes.
Q. State whether you went out with his command to Twenty-eighth street?
A. I did not.
Q. On Saturday?
A. I did not. When we started from Pittsburgh, or rather from Union depot, a portion of my command was then ordered to guard the passenger trains that were going to be run out, and when we got about the center—from the western half to the center of the round-house—I was ordered to take that position, and to keep the tracks clear, and see that nobody came into my line excepting those that had authority—to keep out all citizens—that the trains were ready to be run, and that I should keep things clear, in that shape, until they could open the road at Twenty-eighth street. I held that position until the firing began at Twenty-eighth street; but, I think, perhaps a little before that I sent an aid to General Brinton and asked him, if possible, to return to me the troops that had been detached, as the ground I had to cover was too large to be covered by the troops I had. He sent them back. Shortly after that, I saw the firing at Twenty-eighth street. It was about a square and a half, and I could see the firing. I had stationed a line across east to keep the crowd back from that side, and when the rioters broke around from the rear of the First brigade, and came back, I ordered the line doubled, and turned the crowd through the yard out on to Liberty street, instead of letting them come on the tracks. So far, as I saw, the trains were all ready, with nobody interfering with them, and if they had had men to run them—engineers and firemen—I think they could have run those trains out after Twenty-eighth street was cleared.
Q. Were the engines fired up?
A. I think so.
Q. Were there engineers with them?
A. There seemed to be men about the engines that seemed to have authority. They seemed to be train hands—engineers.
Q. And brakemen?
A. They seemed to be. The most trouble I had was with young men that claimed to be clerks in the railroad office, who broke through the lines. While I was there, two or three passenger trains were run in from the west, coming in off the Pan Handle and Fort Wayne road, going east. They were some little while getting along; but they went on east. There was some trouble with the passengers on them, because they wanted to see what was going on. I held that position until some time after the firing at Twenty-eighth street, when I got orders from General Brinton, through Major Pettit, to move into the railroad shops connecting with the round-house. I knew the ground, as I had been there several times before, and I supposed we were going through this yard out to Liberty street, and going back to Pittsburgh; but when I got inside, General Brinton ordered me to take possession of the shops there on the left or on the west, and put one regiment in there and some other troops in the office, and put a guard over the gate. There was a double wagon gate there. I had no time to detail a regular guard, so I instructed Captain Ryan, of the Fencibles, to take charge of the gate. In the meantime, Breck's Battery came in, and the First brigade went into the round-house and took possession of that. In about ten minutes, a train was going to run back on the Allegheny Valley road, which runs besides this railroad office or repair shop. When the cars came back—it was some local train—they were just filled with rioters, who were brought back right into Pittsburgh, and they were yelling and hooting and hallooing, and then this crowd gathered around the gate. We had no orders to fire on them at all, and we paid no attention to what was said by the mob. Along about dark, I was talking to General Brinton, when a man pushed himself in, and we ordered him out, and eventually pushed him out. Then a row began, and a couple of pistol shots were fired, and two men were shot, and Captain Ryan came to me and said that my men cannot stand this to be fired at, and without returning the fire. I told him I could not give an order to fire; but that I would ask General Brinton; but he said he could not give an order, that he was under the orders of General Pearson, and that we must first ask General Pearson if we couldn't open fire on the rioters. We run the Gatling guns, in the meantime, so as to command the gate. General Pearson said no, you must not fire a shot, and of course, when he said no, we had nothing else to do. He left about nine o'clock, and when he left General Brinton gave orders if anybody came near the gate to order them away, and if they didn't go, to fire on them. We remained there until they began to run the cars down on us. At first we supposed they ran the cars down to shoot this field-piece off—we supposed that was their idea—but we soon found it was on fire. The general then ordered me to take a detail of men up into the third story of this office, which had windows facing east, and we went up there, and put guards in the second and third stories, and in that way covered the field-piece. We stayed around there until daylight. During the night I think I saw pretty near every dispatch that General Brinton got, and I don't think I was away from him ten minutes at any one time during the night. I saw every dispatch, and was cognizant of their contents. I passed the scout in and out through my lines—this man that carried the dispatches to General Latta—and I know the instructions from General Latta were to hold the position as long as we could, and I know of the dispatch to move east out Penn avenue. When the eastern buildings had got afire, they came and told me that it was necessary to vacate, that the fire had got so hot that they couldn't stand it, and when the First regiment formed, we could hardly see the lines for the smoke and cinders. There had been some cars filled with corn whiskey that had run down and got afire. We got the fire out; but they had blocked the gate so that we couldn't get the field-pieces out. The general then instructed me to have the brass guns spiked, to have them dismounted, and to destroy the powder. The powder was taken into the round-house and soaked in water, so that it couldn't be used, and the ammunition was thrown away, and the pieces were spiked. The Gatlings being much lighter, we found an entrance on the west of this repair-shop, and we moved the Gatlings through the repair-shop out to Twenty-sixth street. When we marched out I was at the head of my brigade. We must have got a half a mile or so, and there was some firing into the lines, and one or two men were wounded. I then went back, and you couldn't see any great number of rioters anywheres near us. I suppose within one or two Philadelphia blocks you could not see anybody; but you could see the crowd back that far. Every now and then there would be a shot coming from a doorway or a window as we passed along the street. Nobody would fire directly at us from a window as we passed along—either from the corners of the streets or the windows; but the firing was all after we passed, after we got by half a block or a block—then they would let into us. About this time a street car was coming up the street, and I don't know why, but I was looking at it, wondering whether it was going to try to get through the lines, when the first thing I heard was two rifle shots from the car, and two men of the Sixth regiment fell dead, one on top of the other. The shots were fired by two men apparently lying on their stomachs—lying on the cushions, and firing out the windows.
Q. Did the street car stop after they fired?
A. That I cannot say. I recollect, at that time, that the Gatling gun was opened, and I ordered my men to separate, so that they could fire into it, and they did fire. Just before that the driver of the street car had uncoupled the horses, and left the car standing. I have heard since that those two men were killed; but, of course, I cannot testify to that.
Q. Those two men in the car?
A. Yes; along about that time this man they called the bad angel—he would fire and then run into a house, and run back through the yard, and come out again and fire. He would fire coolly. I saw him twice drop on his knee and fire, just the same as if he were firing at a target. I heard Captain Ryan hallooing "shoot that man," and they fired at him, but, as he was firing out of door-ways or from behind trees, it was almost impossible to hit him. We were moving all the time. I cannot say positively whether Lieutenant Ash was shot previously to that time or not, but I recollect seeing him stagger. I suppose I noticed it more particularly because he was a personal friend of mine. I saw him stagger and fall into the gutter on the north side of the street, and throw up his hand and say, you are not going to leave me, and I ran back with three or four men, and carried him ahead apiece, until some men of the regiment ran their pieces under him, and brought him on, and he was carried on the limber of the Gatling up to the arsenal. By that time I concluded my brigade had enough of that, and I sent word to General Brinton, asking him if I could not change places with the First brigade, and he sent word back, yes, and I changed places at the turn of the street. The reason why I asked to be relieved was, that every man in the brigade had been on duty all night—every man. We had the lumber-yard to cover, and the railroad offices, and the repair shop, and the men had been up all night. I took the right of the line then, and I don't think that there was a shot fired after we changed position in the line.
Q. Where was Lieutenant Ash wounded?
A. In the leg. He bled very freely. I didn't suppose that he was mortally wounded, and I think if there had been anybody there to take care of him, he might have got through.
Q. He was left at the arsenal?
A. Yes; that is about the story, until we got to Sharpsburg. We had nothing to eat all the way along. When we got to Sharpsburg, along about ten and a half o'clock, Major Wilson then, Colonel Wilson now, went into a store and bought a couple of boxes of crackers. I recollect it, because he gave one to my brigade, and one to the First brigade. That was all we got until about twelve o'clock.
Q. While you were down at the round-house, guarding the trains that were to move out, was there any attack made upon your line by the rioters?
A. No.
Q. Was there any firing by your men?
A. No; there is not a shot fired—they were rather troublesome. There was a considerable crowd there, but Captain Ryan kept them back. I might say that my orders were to keep all citizens off. I met a gentleman coming through, and told him to get out, and had some considerable difficulty. He said he was the sheriff of Allegheny county. That was away back at Twenty-sixth street. He was all alone—no posse with him or anything.
By Mr. Means:
Q. You say no posse was with him?
A. No; and he didn't seem to want a posse.
By Mr. Lindsey:
Q. That was after the firing at Twenty-eighth street?
A. I think it was right after the firing.
Q. The sheriff was going towards the depot then?
A. Yes; and making pretty good time.
Q. State whether there was any insubordination on the part of the troops during the night in the round-house?
A. I heard that some of the troops were dissatisfied—that they wanted something to eat, and didn't think they were treated right, and all that. I didn't see anything of it, and I was among them all night long.
Q. Was there any refusal to obey orders?
A. No; no man refused. There was, perhaps, a little hesitation when I asked some men to do a little piece of business, but they went and did it.
Q. What was that?
A. I wanted some car wheels put across the track. It was a rather open space, and they didn't seem to like it much, but they went and did it.
Q. Have you anything else to say?
A. I might say that I saw the scout going out all night long, carrying messages back and forward.
By Senator Yutzy:
Q. Did you consider the firing by the troops justifiable?
A. I can only say that if I had had command I would have fired sooner than they did.
Q. You would have given the order?
A. Yes; I gave the order to fire going out Pennsylvania avenue. I always considered when attacked you have the right to return the fire.
Q. You have had some experience in the army?
A. Some little.
Q. How much?
A. Four years.
Q. And you think that most any troops would have fired under such circumstances without orders?
A. I have my own opinion, and I think if I had been in the lines, I would have fired.
Q. If struck with a brick, you would have fired?
A. I think so. I will say simply this: I think if the troops had been sent to Pittsburgh three days sooner, it would have been a great deal better. They had been playing with the Pittsburgh troops before we got there.
Q. Did you see Colonel Norris when he joined General Brinton's command?
A. I did.
Q. Did Colonel Norris give General Brinton any orders?
A. No.
Q. Did you hear the conversation between them?
A. I did.
Q. If he had communicated any orders to General Brinton, you would have heard them?
A. I certainly should. I might say that I was standing with General Brinton, when Colonel Norris drove up. He jumped out of the carriage, and he seemed very glad, indeed, to see General Brinton and all hands, and we went over and sat along side of the road, and I heard all the conversation. I would have been very apt, if any orders had been given, to pay some attention, because I was anxious about the situation myself, and particularly as I was personally acquainted with Colonel Norris.
Q. You are certain he gave no orders to go to any point from where he was then?
A. Not that I know of; and I think if such orders were given, I would have heard them.
Q. Were you present during the entire conversation?
A. Yes.
Q. All the time?
A. I think so.
Q. Do you know of any orders having been received by General Brinton from any one or by the hands of any one to make any movement in any direction?
A. Yes; we had one about going out of Pittsburgh, to go east.
Q. After you left the round-house?
A. No; I saw the orders that night. I heard or read all the orders that came. The orders were, as I understood, to take a train down at the work-house, and join the command at Blairsville Intersection. I know we got an order after we were in the round-house, or rather an instruction that Colonel Lyle—we supposed that colonel, and the detachment under Colonel Rodgers, were with Colonel Guthrie, and would join us about daybreak.
Q. Did General Brinton receive any orders to move his command to Torrens station?
A. Not that I am aware of.
Q. Or to join Colonel Guthrie?
A. Not that I am aware of.
By Senator Yutzy:
Q. The brass guns at the round-house—whose command did they belong to?
A. To General Pearson's.
Q. Couldn't you have saved those guns, and taken them with you?
A. If we had any way of getting them out, and if we had horses to haul them.
Q. It was not possible to take them out where they were, and take them along by hand?
A. It might have been done, but under the circumstances, no. If there had not been any firing there, we might have cleared the track, and got the gate open.
Q. Couldn't you have taken those guns out of the same gate you took the Gatling guns out?
A. No; it would have taken a long while, because the shop was full of timber and all kinds of material, which would have had to be cleared out of the way, and it is not much of a joke to run a twelve pounder by hand. We might have taken a crowd and have dragged them a short distance, but not a long distance. It was as much as the men could do to drag the Gatlings.
Q. No horses were provided for those guns?
A. Not that I saw.
Q. Did Captain Breck have charge of those pieces?
A. Yes.
Q. Did he turn them over to General Brinton?
A. Of course, he was under General Brinton's command.
Q. Do you know whether Captain Breck's command retired to the round-house with your command?
A. I don't know, but I suppose they did. I cannot say positively.
Q. Did many of your men—the rank and file—have experience in the army as soldiers?
A. Yes.
Q. About what proportion of them?
A. I suppose thirty-three per cent. of them, anyhow. I should judge so.
Q. What character of men were the balance of the troops composed of generally?
A. I would just as lief depend on them, I think, as regular soldiers.
Q. You would depend on them just as soon?
A. Or a little sooner, I think.
Q. In what business were those men before they went out with you, as a general thing?
A. Most of them were mechanics.
Q. And some clerks?
A. Some.
Q. Professional men?
A. Very few.
Q. Men accustomed to manual labor?
A. Yes; and accustomed to three square meals a day, too.
Q. Could you expect men, taken from their homes as those men were, to be as efficient, so far as endurance is concerned, as men accustomed not only to military discipline, but to service in the field?
A. Why certainly not. If you have ever been in the service, you know how long it takes to break men in, before you get them into shape.
Louis D. Baugh, sworn:
By Mr. Lindsey:
Q. Where do you reside?
A. In Philadelphia, No. 2009 Chestnut street.
Q. State what your rank was in the National Guard in July last?
A. I was commissary of the First division, with the rank of major. I was then and am yet.
Q. Did you accompany the troops under General Brinton to Pittsburgh?
A. I did. I went with the first detachment.
Q. Were you at Twenty-eighth street during the firing?
A. No.
Q. What was your particular duty?
A. It is the duty of the commissary to feed the men—to supply them with rations.
Q. Where were you during Saturday?
A. When the column was ready to move to Twenty-eighth street, General Brinton ordered me to remain to procure subsistence for the men.
Q. When did you re-join the command?
A. On Sunday afternoon, about three o'clock.
Q. At what point?
A. At the work-house.
Q. Of Allegheny?
A. Yes.
Q. Did you have any orders for General Brinton?
A. I had none, sir.
Q. Did you have any conversation about orders with him?
A. Yes.
Q. What did he say?
A. The moment I arrived, he asked me for orders, once or twice, and I told him I had no orders, or had received none, and he sent me back for orders.
Q. To whom?
A. General Latta.
Q. Did you go back?
A. Yes.
Q. Where did you find General Latta?
A. At the Monongahela house.
Q. What orders did you get?
A. Do you want the order?
Q. Yes.
A. I took him the following order:
"Major General R. M. Brinton, commanding First division National Guard of Pennsylvania, bivouacked near Claremont station, West Pennsylvania division, Pennsylvania railroad:
"You will move your command by rail to Altoona, where the rest of your division now is, and there remain for further orders. I leave, via Erie, for Harrisburg to-night. Will be at Erie to-morrow night, on the rail Tuesday, and Harrisburg Wednesday. Have ordered Mr. Creighton, superintendent of the West Pennsylvania division to furnish transportation. Make requisition for more ammunition on Harrisburg by telegraph, and communicate further as to transportation with Mr. Gardner.
"James W. Latta, Adjutant General."
Q. What time did you take that to General Brinton and deliver it to him?
A. The written order?
Q. Yes?
A. I read that order to another officer, who reached him early in the morning, one or two o'clock. I reached him about eight o'clock.
Q. What morning?
A. Monday.
Q. With that order?
A. Yes.
Q. And delivered it to him?
A. Yes; I handed him the written order. When the order was given to me, I asked for it in writing. There were two of us together, and I gave the other staff officer the contents of the order, and told him if he reached him first to give it to him.
Q. Who was that staff officer?
A. Major Lazarus.
Q. Where did you find him on Monday morning?
A. On the railroad.
Q. Where?
A. I don't know the place, but I guess it is a little off Claremont.
Q. A major of whose staff was Major Lazarus?
A. General Brinton's. He was in the room when I got this order. I read it to him, and, as the mob was very great, I said if you reach him first, give him this order, and if I reach him first, I will carry it with me.
E. DeC. Loud re-called:
By Senator Yutzy:
Q. On your retirement from the round-house, did you cover the retreat a part of the way?
A. I had the left of the line as long as there was any firing going on.
Q. Did you, on your march, see any policemen on the street?
A. I did.
Q. Tell us what you saw them do?
A. I saw, I suppose, at least fifteen or twenty-five of them standing on a kind of low porch that looked to me something like a station-house, or as if it might be, as we went out, and they seemed to make no effort to keep the peace whatever. They were standing there, and after we passed, I heard the crack of a pistol. I cannot say positively that they fired it; but they certainly made no effort whatever to preserve the peace there. They were in full uniform, too.
Q. Did the sound seem to come from that direction?
A. Yes; right behind me. At that time I was on the right flank.
Q. How far were you from the police when you heard the shot fired?
A. Half a block I suppose—perhaps not that far. They were standing on a porch elevated, perhaps, two or three feet.
Q. You judge from the sound that the shot came from the police?
A. If it didn't come from them, it came from very near them.
Q. Did you see any arms in their hands?
A. No.
Q. Did you see any pistols in their hands?
A. No; I was in the street and they were just the width of the pavement from me.
Q. Is that the only place where you saw police?
A. That is the only place where I saw police.
Q. And you say that they made no effort to arrest any of the parties following you?
A. Not that I saw, and I would have been very apt to see it. I think there were enough of them there to have stopped it.
Q. Did you hear them make any remarks as you passed?
A. No; but they didn't seem to be very particularly pleased over the troops being there.
Q. But they said nothing?
A. No; but I could judge from the expression of their faces that their remarks were not at all complimentary. That was the inference I drew.
By Mr. Means:
Q. Did you have any communication with the citizens of Pittsburgh—did you go out into the crowd among the rioters at any time?
A. No.
By Senator Yutzy:
Q. Do you know of any citizens' committee that waited on General Brinton or that waited on your command to have a conversation in relation to this riot?
A. No; I heard that a committee came out to see General Brinton while we were at the hospital, when we got back a second time, and I understood that they just came out to pay their compliments to him.
Q. It was after you got back to Pittsburgh?
A. Yes; the first time nobody came near us—not a soul. In Sharpsburg some men came out, and said they were very sorry that so many were killed, and they seemed to be very kind.
Q. Is there anything you know that you have not yet testified to of interest to us or that might be important in the making up of a full history of this affair?
A. No; I don't know of anything more that I can say about the matter. I only had my own brigade to look after, and I can only tell what happened there. I can only say this, that I was very much surprised when we were put into the round-house and those shops.
Q. Surprised at your being stopped in the round-house?
A. Yes; a question has been asked that perhaps I can throw some light on. It was about what kind of a cap or head-covering General Pearson had on. He had a blue blouse on with a fatigue cap.
By Senator Reyburn:
Q. Did he have soldier straps on?
A. I think so, but cannot say positively—I know he had.
By Senator Yutzy:
Q. Did he have a sword or belt?
A. I didn't see any.
By Senator Reyburn:
Q. Did he have a white vest on?
A. I cannot say that.
Q. Could you have seen a white vest if he had had one on?
A. If he had turned right around to me I could have seen it. We all had white vests on, as we didn't have time to get anything else. He might have had no vest at all on. It was hot weather, and it was dark.
Q. How close were you to him?
A. About as near may be as to this gentleman here, [indicating a party in the room sitting near by.]
Q. Almost touching him?
A. I could have touched him if I had wanted to. He walked out with me to the wash-stand, I recollect. I don't know what he had on when he went out. All of his staff with him had fatigue suits on.
Louis D. Baugh re-called:
By Mr. Means:
Q. Were you dressed in uniform when you went to Pittsburgh?
A. Yes.
Q. Did you wear that uniform all the time?
A. No; I took it off, by orders of my superior officer.
Q. Did you mingle with the crowd after you dressed yourself in citizen's clothing?
A. Yes. I attempted to get to the round-house to General Brinton, and I started up from Union Depot hotel.
Q. Did you have any conversation with citizens of Pittsburgh, or with the rioters or the strikers?
A. I had no conversation with them, because I kept myself very quiet, listening to what they said.
Q. What did they say?
A. They wanted every damned Philadelphia soldier to go home in a box. That they would tear them to pieces. Then I went on apiece. I didn't want to get into that crowd.
Q. Who were they?
A. People of Pittsburgh.
By Mr. Lindsey:
Q. What people?
A. Part of the crowd along the street.
Q. In the vicinity where the riot was going on, or down in the city?
A. In the street running from Union depot to the round-house.
By Senator Reyburn:
Q. Parallel with the railroad?
A. Yes. I was trying to get to General Brinton, to make arrangements about feeding the soldiers. When I found what affection they had for us I would move on again. They wanted every damned one sent home in a box.
By Mr. Means:
Q. You looked upon that as the disposition manifested towards the Philadelphia soldiers?
A. Yes; indeed, it was—all Saturday night and Sunday morning when I left town.
Q. Did they go for you once in the depot?
A. In the West Pennsylvania depot they did, or I thought they did, and I got out. I knew what they were from the night previous.
Q. For your own safety, you thought it better to get away?
A. Yes.
George Francis Leland, sworn with the uplifted hand:
By Mr. Lindsey:
Q. Where do you reside?
A. 1622 Chestnut street.
Q. You were a member of the National Guard in July last?
A. I was adjutant of the Third regiment of infantry.
Q. Colonel Snowden's regiment?
A. Yes.
Q. Were you with him at Twenty-eighth street when the firing occurred?
A. I was. Just below Twenty-eighth street.
Q. Did you hear any orders given to fire?
A. I didn't. I heard Colonel Snowden distinctly say that no one was to fire until they received orders, and they received no orders from him to fire.
Q. Were you in the round-house during that night?
A. I was.
Q. State what the conduct of the troops was during the night, as to discipline?
A. It was very good, I think as far as I am a judge.
Q. Was there any insubordination?
A. No; none whatever.
Q. What was the condition of the round-house when you left in the morning?
A. It was on fire, I should judge from the amount of sparks and smoke and flame about us. Some of the troops attempted to put the flames out, but did not succeed.