Chapter C: H. Armstrong, sworn (1)

By Mr. Lindsey:

Q. Where do you reside?

A. Thirty-second street.

Q. What is your occupation?

A. Coal business.

Q. Where is your office?

A. Liberty street, between Twenty-eighth and Twenty-ninth.

Q. Were you at your office on the 19th--Thursday, 19th of July last?

A. Yes, sir.

Q. How large a crowd of men was there gathered about there during Thursday?

A. There was quite a large crowd there during Thursday morning. Towards the afternoon a great number had come up to see the strikers. There was very few railroad men among the crowd.

Q. What class of men were there?

A. Parties that lived around the railroad there, just come up to see the excitement.

Q. Where they demonstrative?

A. No, sir; they were not. They were all talking about double-headers, I do not know what they meant, and I asked them, and they told me about putting two engines on a long train.

Q. How large a crowd was there at any one time during the day, Thursday?

A. I guess three or four hundred--in the afternoon about four o'clock.

Q. Did they remain there during the night, Thursday?

A. Yes; I was up there about twelve o'clock, and there was a few men there--about thirty remained there during the night waiting for trains to go out.

Q. How many on Friday?

A. There was seven or eight hundred. They were expecting the soldiers in that evening. Were also expecting the Harrisburg men up that evening. They did not come up. I went down Saturday morning and went down the railroad from our house. I saw the Harrisburg soldiers there on the side of the hill and also down by the railroad.

Q. How large was it Saturday?

A. I don't know how large it was; the streets were just jammed and the side of the hill on Twenty-eighth street.

Q. Was you present when the firing took place?

A. Yes; I was up on the side of the hill about seventy yards from where the troops were.

Q. Did you see troops as they marched up?

A. Yes; I saw them before they left the Union depot. Saw them get their cartridges before they left there.

Q. Did you go up ahead of them?

A. Yes, sir.

Q. Did you have any talk with the mob?

A. Yes, sir; I talked with some of the railroad men.

Q. Tell them that the troops were coming?

A. Told them that the Philadelphia troops were coming.

Q. What did they say?

A. They said that they were not afraid of that; as long as they didn't hurt them, they would not hurt them.

Q. Was the sheriff's posse ahead of the line?

A. Yes; I recognized a few of them, I believe the sheriff was ahead, and, I think, Deputy Sheriff Steward, and, I think, Mr. Pitcairn was also ahead of them. He was walking beside Sheriff Fife.

Q. Did you see any stones or missiles thrown by the crowd at the soldiers?

A. Yes; about the time they were charging bayonets.

Q. Was there any pistols fired by the crowd?

A. There was one or two fired. A pistol about the center of Twenty-eighth street; held it over, and shot down the road. By that time there were stone throwing. There were two cannons, and there was some boys started to throw stones, and one of them hit a soldier against a car, and the moment he fell they started firing. He threw up his arm about the time they charged bayonets--the crowd was throwing the bayonets up. The crowd catched hold of the bayonets, and threw the guns up to save themselves.

Q. Did you hear any command given by any of the officers to fire?

A. No, sir; I did not. I heard them charge bayonets. I heard that command, and I heard them give their military manoeuvres, but I heard no command to fire at all.

Q. Did you remain there during the night--Saturday night?

A. Yes; I was there until Sunday, at dinner time.

Q. What time did the mob begin to fire the cars?

A. At half past ten o'clock.

Q. Do you know who set the first on fire?

A. No, sir; I could not say, I heard them say it was small boys done it. It was right back of our office it first started. The time I saw it there was first one car on fire, and they started to run oil cars down against it.

Q. Were you there during the time, Thursday or Friday, when the police force came out?

A. They were there. I did not see them come up, they were up there when I was there.

Q. How many policemen?

A. I do not know how many there was, only about ten or twelve, I think. I think there was only three or four on Thursday.

Q. Did they make any efforts to disperse the mob?

A. Not as I saw.

Q. Did they assist in trying to start the train?

A. I did not see them trying to do that at all.

Q. Do you know who was in charge of the police?

A. No, sir; I could not say.

By Senator Yutzy:

Q. You heard the command given by the officers to charge bayonets?

A. Yes, sir.

Q. Did you remain in the same position after you heard that command until after the firing commenced?

A. No, sir; I did not, after the first volley was fired.

Q. But from the time you heard the command given to charge bayonets up to the time of the firing, were you still in the same position?

A. Yes; I was in the same position.

Q. If there had been a command given by the officers to fire, you think you would have heard it?

A. I think so. I heard most of the other commands and the manoeuvres they went through before they charged bayonets.

Q. You heard that distinctly?

A. I heard the order to carry arms, shoulder arms----

Q. Arms port?

A. I do not know whether I heard arms port or not.

Q. How long after the command was given to charge bayonets before the firing commenced?

A. About two minutes. It was a different body of men that came up through the hollow-square.

By Senator Reyburn:

Q. How did they fire. Did they fire altogether, as if they were ordered to fire?

A. The parties next to the cars. The men in their company did the first shooting, and they shot very low. At the same time those in front shot higher.

Q. They commenced?

A. Commenced right where these men fell.

Q. On the road?

A. No; that was, I run back against the car--a lot of flat cars filled with coal.

Q. Was this the line that was formed parallel with the railroad tracks, on the right towards the hill side?

A. No; towards the round-house.

Q. There is where the first shot was fired?

A. Yes, sir. A man standing near the end of the cars fell, and just as he fell, they just put their guns up and shot.

Q. Did you notice in what direction they fired?

A. Towards the hill.

Q. Over the heads of the other line?

A. Yes, over the heads; I could see the dirt fly; the party in front of them shot.

Q. Did they appear to fire in the direction of where the missiles and stones came from?

A. The missiles came right in front of this other body of men that shot towards the side of the hill. The stones were right at the foot of the hill, and they shot up on the side of the hill. The boys that threw the stones, were down at the foot of the hill, right back of the tracks. There was two cannons there, and those boys were right among them throwing.

By Senator Reyburn:

Q. Did you say the troops came out of the round-house, Sunday?

A. I didn't say they came out of the round-house; I say they passed Twenty-eighth street. I was on the corner of Twenty-eighth and Penn when they passed.

Q. Was anybody shooting at them?

A. I saw one man following them up as they came down Twenty-eighth street.

Q. He followed them up?

A. Followed them so far as I could see, about the middle of Twenty-eighth and Twenty-ninth. I was afraid they would shoot at me.

Q. What did he do while he was following up?

A. Threatened to shoot several times--threatened to shoot on an alley in Twenty-eighth street. We put up our hands at him. He got up again and followed them at Penn street. I got back of a sign and I believe he shot after he got a piece further up.

Q. You didn't see him fire?

A. No.

Q. He had a gun?

A. A breech-loader.

Q. Musket?

A. It was one of those breech-loaders. I saw him throw it up and examine the cartridges.

Q. Did you know the man?

A. No; I knew he wore a linen coat and a white straw hat.

Q. Was it a rifle or a shot gun?

A. Yes; regular musket, called breech-loaders, something similar to what the militia have.

At this point the committee adjourned, to meet at the arsenal, at half-past eight o'clock, this evening.

ALLEGHENY ARSENAL,
FRIDAY EVENING, _February 22, 1878_.

The committee met pursuant to adjournment, at the United States Arsenal, at half-past eight o'clock. All members present.

* * * * *

Major A. R. Buffington, _sworn_:

By Mr. Lindsey:

Q. First state your rank and official position here under the United States Government?

A. Major ordnance United States Army, commanding Allegheny arsenal--commandant Allegheny arsenal--which ever way you choose to put it.

Q. If you will go on and get at the facts, probably it will be as easy as any other way to come at a statement of the facts that came within your knowledge?

A. I presume what you want from me are simple facts. You want no opinions, nor anything else--my knowledge of the riot. I have here three or four little notes addressed to me:

_July 21, 5, P.M._

Major BUFFINGTON,
_Commanding U.S. Arsenal_:

The troops of the first division, after having been fired at by the
rioters, returned the fire, killing and wounding a number. It is
said the rioters will take the arsenal, and take the arms and
ammunition. It may be a rumor; I will give it to you for what it is
worth. It would be well for you to be on your guard.

(Signed)

A. L. PEARSON,
_Major General_.

Q. What time did you receive that note?

A. I received that note somewhere about six o'clock. It is dated five-thirty, P.M., July 21, about half an hour afterwards--about six o'clock, I should judge. Previous to this, I would state that three gentlemen came here from the city--came to my quarters--and informed me in substance the same thing, before this was received--perhaps an hour. Was received somewhere about that time. That was the first notice I had of it.

Q. Who were those gentlemen?

A. Their names I don't know. They were strangers to me, and they introduced themselves. I have forgotten their names.

Q. Were they citizens of Pittsburgh?

A. Yes, sir; and when they came they were very much afraid that the mob would see their vehicle out in front of the gate, and they immediately left and went away on that account, saying they were afraid their vehicle would be recognized, and they were afraid of the mob. This word I mention was brought to me by Doctor Speers, of Pittsburgh, in a buggy, and he also was very much afraid of the mob. Cautioned me saying anything about it; that they would spot me, or something to that purpose. I also received this one. Here is a copy of that one written in the handwriting of General Latta. This was handed through the picket fence, which is by my quarters, to a young lady visiting my house at that time, with a request to give it to me, which she did. She refused to take it, and told him to take it to the guard-house, and he expressed a fear about taking it to the guard-house, and insisted on her taking it. In addition, I received this one. It is headed,

"O.D. 7, 21--7th month 21st day.

"COMMANDANT ARSENAL: Mob has started to the arsenal for the
purpose of taking arms. Serious trouble at Twenty-eighth street
between them and military.

(Signed)

"J. M. or T. M. KING,
_Superintendent_."

I believe he is superintendent of the Allegheny Valley railroad. Having received information from those gentlemen previous to those notes, I immediately took steps to receive the mob if they should come out there. Lieutenant Lyon was staying over there. He came to the office, and I told him to tell my sergeant to go out quietly and couple the six pounder guns, have one of them brought down to the inside of the gate, as you come in. I had but one box of ammunition. All my men had Springfield rifles, and I had a part of a box of ammunition for them--I had plenty of ammunition, but none of that kind. My sergeant got some for my men, and I gave him some general instructions to guard and close the gates, and lock them, and let no one in without my knowledge. These preparations were carried on, and we got in readiness, and matters remained so until night came on, and there was no signs of anybody coming, and at night I thought I would go out in the street and see what was going on. Lieutenant Lyon, I believe, went with me. We struck down street and consulted with various people. Very few people know me here. I went out in the street and talked with a few of them. In a field below here--about two squares--is a new livery stable, and over that building there was some sort of a meeting going on, and we went to the door. They had sentries at the door. There was quite a concourse of citizens around. We could not get in, and we waited there until they came out. They were cheering inside, and somebody making speeches. Presently they came out, about twenty armed with some muskets they had gotten out of an armory below here somewhere--half-grown boys they were, and a few men--and filed off down street cheered by the populace surrounding them, and one man along side of me fired a musket in the air, and that is all that I saw. I didn't see any disposition of any of them to come here at all, and I returned, telling Lieutenant Lyon I had no doubt they would come out here, but I did not anticipate any trouble with them at all, and instructed the men to keep in their quarters with their clothing on--to lie down with their clothing on, ready at a moment's call. Between ten and eleven o'clock I heard drums beating down street, and I concluded the rioters were coming. I went out, and the men were turned out and placed up here behind that building, where they could not be seen, and by that time the mob had got at the gate. There was nobody there except a sentry and that six pounder gun there. I went out in citizen's dress. They were yelling and screaming about the gate. As I approached, one of them said, "Here comes the commanding officer, we will talk to him." I walked up to the gate, too--the gate is armed with open pickets--they stopped their noise, and I said, "Boys, what is the matter?" They said, "A party of Philadelphia troops have fired into a crowd down here and killed a lot of women and children, and we come to get arms; we want to fight them." I says, "I cannot give you any arms." I said, "I cannot help you, it is impossible for me to help you." He said women and children had been shot down, and I said, "It was a sad thing, but it is impossible for me to help you." "We don't want you, we want that gun." I ignored that request, and kept talking quiet to them. They seemed to be peaceable enough, except one man, and I imagined he was slightly intoxicated. "I know there are only twenty men in the place, and if twenty-five will join me we scale the walls." He abused them for not following. Presently one of them said, "He talks well, come on." Finally the better disposed of them called the others off, and they went up the street a short distance and returned again. This belligerent fellow staid near the gate and called for volunteers. There was nobody there except myself and the sentry. I kept the men out of sight, for I didn't wish to flourish a red handkerchief in the face of the bull. I was determined to exhaust all peaceable means. They came back again, and about the time they got opposite the gate, a cry of fire was raised, and an alarm struck on the bell, and they all raised the cry of fire, and they went off down the street. This man who was calling for volunteers, says he, "The guns are spiked, we will all go;" and they all went off again. That is my knowledge of the mob.

By Mr. Lindsey:

Q. What stores of ammunition were here at that time that the mob could have got if they had entered?

A. We have here many buildings full of ordinance stores. We had for years, and have yet, something like thirty-six or forty thousand stand of arms. Don't put these down as the exact figures. We had a great many thousand stand of arms, and two magazines full of powder and ammunition, prepared and partially prepared for service; that is, the powder in the shells, the powder in the cartridges, two large magazines full. We have there, in fact, two of them full, and another partially so in the upper park. Besides these arms I speak of, we have many thousand stands of arms, revolvers, carbines, muskets, and all sorts of things. We have many large warehouses here. There is one there, [indicating,] and here is one, [indicating,] and one on the other side of the street; above that are the magazines. We have got a great deal of property here, valuable property, too, but we had no small arm ammunition except some of the old style ammunition--a lot of the old style paper cartridges which I had broken up. The arms we had are mostly loaders, except fifty breech-loading muskets, and my men here are armed with caliber fifty. A year before the riot began I was impressed with the dangerous position of this place, and I drew the attention of the authorities in Washington to it. There is a map showing the arsenal, [indicating.] That is Butler street. There, you see, are four buildings called temporary magazines. Those are wooden buildings. There are a great mass of breech-loading ammunition in there, partially prepared for service. There is one magazine, and there is the other one. There is Penn avenue--it is called a pike there. A man might have thrown a lighted cigar over and set fire to this place. I drew the attention of my chief to it, and called particular attention to this dangerous place. He saw the importance of it, and ordered me to break up the ammunition and otherwise get rid of it. Fortunately, all that was cleared out before the riot began. These magazines were all full, and the small arm ammunition I had broken up. Here the shops are below the work-shops, on a plateau just below this, and here is the road over which you came. Here is a sort of open space, and nothing but a low wall here with a picket. Right opposite, there is another gate leading into the upper park. My men were here, and this part is utterly defenseless, and in that place were a number of cannon. The mob would have cleaned me out here. There is not a man there, but a man in charge of the magazine, and twenty men, you see, would be a small force to defend it. It is not a fortified place, it is the same as houses surrounded by a wall with a wooden picket fence. The mob could push it over and come in, and there would be no trouble about it.

Q. Not a very strong fortification?

A. It is utterly defenseless; but, at the same time, I was not afraid the mob would do me any injury.

Q. How many cannon had you that they could have taken and moved off?

A. I don't know how many are in that shed. I have five or six pieces which I call in current service. Those pieces are mounted. Those are six-pounder guns, and there is plenty of ammunition which could be used for that purpose in those magazines. I had one of them on this side, [indicating,] and one on the other side. As mobs generally do, they always come where the danger is. Here was those six-pounder guns, with canister. The only hostile demonstration they made was to rush for the gate, but I merely raised my hands, and says, that won't do, and they stopped instantly. To show what the state of affairs was here, and my information of what was going on, sometime on Saturday night I received this communication from General Latta, addressed to the commanding officer, United States arsenal, Pittsburgh, without date, or anything else. He says:

"Have you communicated with General Government about prospects of
attack on your arsenal.

(Signed)

"GEN. LATTA."

That was sometime late in the night. I don't know whether it was before the mob came or not. Here is the reply I sent to him:

"UNITED STATES ARSENAL, _July 21_.

"JAMES W. LATTA: In reply to your pencil note, without
date, I have to say I have not communicated with General Government
about prospects of attack on me, and shall not until such a course
is necessary."

I had no communication with Washington, and none with the State authorities, except just what I showed you. They didn't advise me about what was going on. I knew nothing but just what you see here, except to give them all the assistance I could, and, by a strange mistake, I gave them all the defense I had. Here is a communication:

"HEAD-QUARTERS SIXTH DIVISION, PITTSBURGH, _July 21, 1877, 11.30,
P.M._

"Major E. R. BUFFINGTON: It is of the utmost importance
that I should have two hundred rounds metallic ball cartridges.
Please deliver them to Colonel Moore. In case I have none in store,
I will deliver you the order of the Secretary of War to-morrow.

(Signed)

"A. L. PEARSON,
_Major General_."

To explain, the State had here some ammunition which I had been giving to them as they wanted all along, and we had given it all out. General Pearson had been informed that there was no more here belonging to the State, but he said if he had none to give him some, and he would get authority from Washington. Down here is the note of the man in charge of the magazines. This is dated eleven-thirty, P.M. It did not come to me till long afterwards. I sent them with a guard to the upper park with instructions to tell the magazine man to give them if they had any of the State stores, and to tell this gentleman that I had none except a part of a box for my own men. It was just nine hundred rounds, and the guard carried the written order, and down to the bottom, pasted to it, is:

"_July 22, '77._--4.20 A.M."

You see how late it was in the morning.

"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?