Chapter L: C. Bortree, sworn (4)

A. On Monday, I saw Mr. Siebeneck. He says to me, "Ammon," says he, "I have just got word that Bob is in charge of the Fort Wayne road." I, for a moment, didn't know what to say, but Siebeneck assured me that the thing was so. Looking up the street, I saw Mr. Watt, the ticket agent of the Pennsylvania road, at the corner of Fifth and Smithfield street. He came up to me, and says, "My God, squire, has not there been enough property destroyed! Is there any end to this thing! Can you do anything so that property would not be destroyed in Allegheny. Have you any influence with Bob?" I told Mr. Watt, that I thought I had, and if he would go out and see General McCauley, the vice president of the road, for me, and could tell him that I would go to Allegheny, drive over with my wagon, and I was satisfied that Bob would come away with me, if they wanted him away, but that I would not do so unless I had the consent of the railroad officials, and I gave him my reasons. From what I knew, that Bob kept the thing there at bay, there had been no row, no disturbance. If I should take him away, and trouble should accrue in consequence, I would feel that I was indirectly responsible for it. Mr. Watt went out, and in perhaps half an hour or less time, he came back, and I give you his words as near as I can remember. He said, that the general said, "Tell the old squire we are very much obliged for his kindness, and the interest he shows, but the taking away of Bob, would be, perhaps, the worst move we could make." When I heard that, I felt calm--my clerk--one of my clerks, lives in Allegheny. I again wrote a letter to Bob, and implored him, by all that could be dear and holy to him, to see to it, that no destruction of property would take place there. Early next morning, I got an answer from Bob, wherein he assured me that everything was working smoothly, and said all the best citizens, James L. Bennett, and gentlemen who had been before you, and others had been there, and saw him, and they all seemed to be satisfied for the present that he would do the best he could. Shortly after I received that letter, Mr. William L. Jones came in. He lives in Sewickley, is an insurance man, on Fourth avenue, and he told me that Bob was in charge of the road. I told him I was well aware of that, and stated to him that I had communicated with Mr. Watt and General McCauley, and says he, "I know Mr. Layng; will you permit me to go out and make him the same offer." I told him he should go, and I should be obliged to him. He went out and came back with about the same answer. Mr. Layng said he was perfectly satisfied to leave Bob at present where he was. I heard some more afterward, that Mr. McCauley said he hadn't said that to Watt, and I went out. I knew the general well. He says, "'Squire, I only said I didn't remember it, but if it is said that I did say it, I would not take it back, and under like circumstances I would perhaps say the same thing again." I advised Bob, during the day, then, to get out of it just as soon as he safely could for himself and the property. In the evening the Governor came, and you know, you have heard his Excellency; and the next morning the papers reported that Bob had stepped out and things had assumed the usual aspect again. From that time until Bob was arrested the committee of safety, or sub-committee of safety, they took Bob in charge. He stepped out, say on Wednesday morning, and about noon a gentleman attached to the _Chronicle_ office came down and said there was a committee up there with Bob, and they wanted to see me. When I came up there Mr. Jacob Rees, Major Swearinger, Mr. Slagle, of the iron-works on the south side, and some others were present, and they told me they wanted to see Bob and get the blockade raised of the freight which was still on the tracks there, and it seems he was not much acquainted with him and didn't know what to do, and he said he would not say anything to him until his father came, and I told Bob there to follow the advice of these gentlemen, and if, in consequence of their advice, he would get into trouble, I would see him through. These men subsequently got into the secret meetings of the strikers down to Dietrick's hall, in Allegheny, and things came all right again, and on Monday following--it was just one week after--a railroad official came to my office in the morning, I guess about as early as nine o'clock, and said, "Squire, if you don't want to have Bob arrested, get him out of the road," and I told that gentleman that I was obliged to him for his kindness, but if Bob and the railroad company had anything to settle, they had better settle it now. About two o'clock in the afternoon Bob was standing near the corner of Fourth avenue and Wood street, and six detectives pounced on him and dragged him to jail, and he stayed there for eleven weeks. That is all I have to say in regard to Bob. Now permit me to say, in less than a dozen words, in regard to what I read in the newspapers this afternoon, of the testimony of my friend, the mayor of Allegheny. The mayor swears, point blank and positively, that he had but one interview with Bob. If that was all, it must have been a mighty long one--a very long one. The mayor and myself have been personally acquainted for a number of years, and shortly after Bob was arrested he met me on Fifth avenue, and he stepped up to me and said, "Squire, I am sorry, on your account, in regard to the scrape Bob was in." I told his honor that the thing was certainly unpleasant, but that I did not worry much, after all, about it. I did not think it was anything that was disgraceful, like a charge of stealing or murder, or anything of that kind. It had happened in all countries before, and that I would have to be satisfied whatever the law said; and I says to him, says I, "So far as your city was concerned, mayor, there was not a dollar's worth of property stolen." "There was not anything destroyed." Says I, "Supposing, if Bob is tight, and we put you on the stand, what is the worse you could say against him." "Well," says the squire, "I would have to say that, by continuously persuading Bob and his men, I kept them down so that everything passed off quietly." Now, if it was the only one interview with him, it seems to me he must have been most of the time with Bob.

By Mr. Means:

Q. Did the mayor of Allegheny City give your son credit for maintaining the peace and order, and saving the destruction of property--did he do that?

A. How is it?

Q. Did Mayor Phillips, to you, give your son the credit for maintaining peace, and of restraining the crowd and rioters from the destruction of property?

A. That is all, sir, that was said between the mayor and myself, what I have recited--what I stated. I asked him what the worst was, if he was on the witness stand, he could say against Bob, and he stated that he would have to say, that, by continuously persuading Bob and his men, he kept them down. That everything went off smoothly.

Q. He went to Bob--when he wanted anything he went to Bob?

A. He said, by continuously persuading Bob and his men. That is the mayor's words. If he has forgotten it, I have not.

Q. In any communication that you had with Bob, did he assure you, or say to you, that he would not allow any property to be destroyed?

A. He said that in the most positive terms, verbally and in writing.

Q. To you?

A. Yes, sir.

Q. That he would not allow it?

A. Yes; he sent me verbally. Sometimes I would send over a man just to talk to him. That man might bring me back a verbal message, or might bring back a few lines. He said that I should not have the slightest fear.

Q. That he would take care of the railroad property?

A. He would take care of the property, and nothing should be destroyed while he was there. In one of his letters, he said he would rather die than submit to the destruction of property.

Q. Did he intimate to you in these communications that he had control of these men--that they would obey him?

A. They did obey him most implicitly. He said that.

Q. That they would obey him?

A. Yes, sir.

Q. And do what he told them to do?

A. And others told me something similar. I would say--permit me to recur to one conversation--Mr. James I. Bennett, a gentleman whom I believe has testified before you--he is president of the insurance company which I represent as general agent. I went to him after I had these assurances from the railroad officials that they did not want Bob away. I felt dissatisfied; but I thought I would have been more satisfied if he had been away. I went down to his office, at the iron-works, on Water street, and I told him. Says I, "Mr. Bennett, this is the way things stand." Well, says he, "I was down last night." Mr. Bennett lives near, in close proximity to where the trouble occurred. Says he, "I was there last night and saw Bob, and things are working about as smooth as they could under the circumstances," and says he, "Don't you do anything of the kind." Says he, "The strikers put Bob there to run the road, and, if you take him away, they will put some other man there who is, perhaps, not half as well qualified as Bob is." Those were Bennett's words to me.

Q. Is he the president of that road?

A. No; Bennett is president of the insurance company which I represent.

Q. Did the president of that road, or any of the officials of that road, say to you that they were satisfied that Bob should have charge of this road?

A. The vice president, the first vice president, General McCullough, was the man to whom I first went. I heard that Bob was in charge of the road, and agreed to go over and take Bob away, and he sent me back word, through Mr. Watt, the ticket agent, that that would be the worst move he could make.

Q. Taking Bob away?

A. Yes, sir. And when I afterwards heard that it was said that McCullough hadn't said that, I went out and saw him--I am on intimate terms with him, and says he, "Squire, I simply don't remember that I said it; but, under like circumstances, I would perhaps say the same thing again to-day. I do not know what else I could say."

* * * * *

W. C. McCarthy, recalled:

The witness: I read in the newspapers this afternoon, that Mr. Stewart stated to this committee that he had an interview with me on Friday, in which he stated that the railroad company desired to have one hundred men, that they would pay for them. I have to say that Mr. Stewart had no interview with me on Friday, and he did not make that statement to me on Friday, nor did he make that statement to me upon any other day.

By Senator Reyburn:

Q. Did you see Mr. Stewart on Friday?

A. I did not.

Q. At the city hall steps?

A. I did not. I did see Mr. Stewart at the city hall steps on Saturday forenoon.

Q. What was the conversation then?

A. It was simply conveying from Mr. Scott or Mr. Cassatt, as he stated, a desire that I should go up to the Union depot to see Mr. Cassatt. I declined to do so, and gave my reasons for it, which were, substantially, that the troops were brought here unnecessarily; that it was disgracing the city, and that I had an abiding conviction it would end in bloodshed, which would be unnecessary; and I declined to go to see him, as I knew who and what Pennsylvania railroad officers were; that they were imperious and dictatorial, and I could have no influence upon them whatever, and the result verified my predictions.

By Mr. Means:

Q. At that time did this gentleman ask you to swear in a certain number of police officers, and the railroad company would pay them?

A. He never said anything of the kind, either that day or any other day. It is pretty hard to join those two statements together.

Q. It is a little rough, mayor?

A. Well, I swear to that. The fact is, I scared them, and he did not know whether he was standing on his head or his heels. I blowed at him about bringing troops here, and it would result in murder, and I used strong language.

Q. Did you attempt to scare him?

A. No; I just gave the honest convictions of my soul to him in very strong and emphatic language.

Q. Why was it necessary that you should scare him?

A. It was not necessary to scare him, but he was scared. That is the only way I can account for his ideas that he delivered that message.

Q. Why was it necessary for you to use this very strong language to him?

A. Except I felt what I said, that these men had brought the troops here and shot people down unnecessarily, made me tell you over there that the police had broken the back of that strike on Thursday afternoon--utterly broken it, and if they had any gumption about them, with the expenditure of less than $500, they could have moved a train, and the strike never would have been heard of again. But instead of that, they laid down upon their belly like dogs, and cried for troops, and did nothing for twenty-four hours, and allowed the strike to get ahead.

By Senator Reyburn:

Q. I think that is in your testimony before?

A. Indeed, I do not know. As I understand, I thought when I was in Philadelphia listening to your proceedings at the St. Cloud, that I heard a gentleman swear that he saw the police, at the station-houses on Penn avenue, fire at them. I was very deaf that day, and I could not swear positively whether he said so, but on that point I have a few words to say. The first that I knew, or rather the first that I heard about the firing by the police upon the troops was contained in this dispatch to Mayor McCarthy:

"One of my men was murdered by your police force as we marched up
Penn avenue, _en route_ for Sharpsburg. The murderer can be
identified by a dozen men of my command, although several others of
your force discharged their pistols shots into my column while we
marched out Penn avenue. Are you willing to assist me in arresting
this murderer?"

I replied that I am, that I would. That dispatch I did not preserve a copy of. I afterwards received the following, second one from him:

"MAYOR MCCARTHY:

"You seemed to misunderstand my telegraph. I asked you if you were
willing to assist me in having your man identified. There is no
question about the fact. I can produce the evidence of a dozen
respectable citizens of Philadelphia who witnessed the firing. By
making the proper inquiries on your part, and by arresting all
suspected, I can produce those to identify the guilty party. It was
not true that the police of Pittsburgh were hooting and yelling at
us openly at nearly every point.

"R. M. BRINTON,
_Major General_"

To this dispatch, of which I preserved a copy, I sent the following answer:

"R. M. BRINTON,
_Major General_:

"I will assist you in identifying or arresting any murderer who is
on the police force, or on either side of the struggle."

I said on either side of the struggle, because I believed both sides committed murder, and I may say that I and six or eight of my policemen are now under bonds to answer the charge--a civil charge--for damages for arresting two men who were suspected as being engaged in shooting at the Philadelphia troops as they went out Penn avenue, out Butler street. Then I go on to say:

"By referring to the language of your first dispatch, you will see
that the misapprehension was on your part, and not on mine."

Well, gentlemen, when the Philadelphia troops came back here, I sent out orders and got all the police who had been up there at that time together, to meet at nine o'clock in the evening. I saw by a newspaper article--I had forgotten who it was--but I saw by a newspaper article here that it was Lieutenant Cochran that I sent out to the Philadelphia troops, to tell Brinton that at nine o'clock that night the men would be all at the mayor's office, and for him to come with his evidence. Nine o'clock came and no person came--until ten o'clock we waited, and they were dismissed. I dismissed the men with orders to appear at nine o'clock the next morning, and sent word out to camp to General Brinton. If General Brinton requires me to state I will just quote from a little remark I made. I say here Cochran had reported to me that the Philadelphia men, for some reason or other, didn't think they could get here last evening. That was the reply of Cochran. Then I took it back until ten o'clock or nine o'clock next morning, when the police were there, together with a large number of citizens in the neighborhood of the station-houses, who were there at the time that the troops passed. The police unanimously, and the citizens unanimously all joined in the statement that on Penn street, between Twenty-sixth street and Twenty-seventh street, where the station-house is, and where the police were on the pavement, that at the time the troops passed the station-house there was no shooting, no disturbance of any kind whatever. That is the testimony of the police and of the citizens, given and sworn to upon that day, when I found the Philadelphia men didn't come to make good their word.

By Mr. Means:

Q. You say the Philadelphia men did not come to make good their word. What did you expect of the Philadelphia men?

A. I believed the Philadelphia men to be as good as their word, as laid down here by General Brinton. Here is General Brinton's dispatch to me: "One of my men was murdered by your police force as we marched up Penn avenue, _en route_ for Sharpsburg. The murderer can be identified by a dozen men of my command, although several others of your force discharged their pistol shots into my column while we marched up Penn avenue. Are you willing to assist me in arresting this murderer?" I expected General Brinton to come with his men and attempt to identify the murderers, as he alleged we shot at those troops as they were passing the station-house. He did not come with his men. An hour or so after all these parties left, two men came to the office; I did not see them myself, but my man at the office reported to me that two men came there, dressed like officers, who stated that they were officers in the Philadelphia regiment, and they repudiated the statement that the troops were fired on as they passed the station-house.

Q. They said there was no firing on the troops?

A. Yes; these men's names--I heard at the time the names they gave.

Q. Do you know the names now?

A. No, sir; I do not. I might be able to find out--I don't know whether I could or not. I have forgotten the names; but if that circumstance is sworn to at Philadelphia, I can produce one hundred men to disprove it.

Q. Is that all?

A. That is all. I think I have said enough.

At this point the committee adjourned to meet at the call of the chairman.

HARRISBURG, _April 11, 1878_.

The committee met, pursuant to adjournment, in Senate committee room No. 6. All members present except Mr. Reyburn.

* * * * *

William S. Quay, _sworn_:

By Mr. Lindsey:

Q. Were you present Saturday afternoon, July 24, when the communication was received by General Latta from General Brinton?

A. I was. I was present with General Latta in his room during the entire night.

Q. In the Union depot?

A. Yes, sir.

Q. How many dispatches were received?

A. I think three, but I am not certain.

Q. What time was the first received?

A. The first one was in the early part of the night. I couldn't fix the time of receiving any telegrams, or, in fact, any of the occurrences of the night.

Q. Can you give the substance of the first dispatch?

A. I cannot give the nature. The first dispatch, however, was very discouraging, I remember that much. It related to the condition of his troops in the round-house, related to the supplies, subsistence, ammunition, and he went on, further, to say, my recollection is, that he considered part of his command as unreliable, and that one of his regiments was disposed to sympathize with the strikers--wouldn't fight with them, anyhow.

Q. Did he state what regiment it was?

A. He didn't use that language, but that was the idea conveyed.

Q. Do you recollect whether he named the regiment?

A. I think he named the Sixth regiment. We understood that to be the regiment referred to. Sometime afterwards, a second dispatch was received, in better character, and we were re-assured. The first one was very bad.

Q. The next dispatch was more encouraging?

A. Yes; decidedly more encouraging.

Q. Do you recollect how the next dispatch reached the Union depot?

A. I think that the dispatches were brought through the lines by Sergeant Wilson of the Jefferson Cavalry. He came out in disguise.

Q. All the dispatches you referred to were brought by him?

A. I think so. I will not be positive about that.

Q. Do you recollect of General Matthews making any remarks when he received the first dispatch?

A. I couldn't say positively, but there was conversation. I was in the room, but didn't pay any attention to it myself.

Q. Did you know whether General Latta contemplated ordering General Brinton's command out of the round-house, prior to receiving that first dispatch?

A. I have no recollection of anything that indicated any such intention.

Q. Was it a subject of conversation at all at his head-quarters, during the night?

A. As to the removal of those troops?

Q. Yes?

A. Yes. There was considerable conversation as to that, when General Latta was dictating his last dispatch to General Brinton. There was a conflict of opinion about it.

Q. Was the question of the expediency of ordering the troops out, for the purpose of stopping the destruction of property and driving the rioters from the ground--from the railroad ground? Was that the subject of conversation?

A. I think not. I don't remember that. There was no conversation amongst us. We had no idea of ordering the troops alone--that detachment of troops. The general plan was to bring on the Philadelphia troops, at Torrens station, unite them with Guthrie, and march them down on the rear of the mob, and attack and disperse them.

Q. How early in the evening did the General adopt that as a plan of action?

A. I couldn't say, as I said before. I couldn't, at this time, say.

Q. Can you tell us anything in relation to the dispatch that was sent by General Latta and General Brinton, Sunday morning, by Captain Aull, what knowledge you have of that dispatch, and what was done?

A. I don't think that I have any personal knowledge of that dispatch--don't think I saw it--and what I would give you would be hearsay about that. I have a recollection of a telegram to direct Brinton, I think, to join Colonel Guthrie.

Q. Were you present when Major Norris started to find General Brinton?

A. I don't think I was present when he left the hotel. I was in the hotel.

Q. Did you hear General Latta give him any instructions?

A. Well, I couldn't say. I know he had his instructions, but whether I heard Latta give them to him, I don't know. I don't know what his instructions were.

By Senator Yutzy:

Q. Do you know anything about any proclamations issued by the Governor, in relation to this riot?

A. I know very little more than the proclamation was issued. At least, I saw the proclamation signed by the Governor and myself, which, I have no doubt, was issued here, under the seal of the State, but I was not present at the time. I know nothing more, really, than you, gentlemen of the committee, yourself.

Q. That proclamation was issued under general instructions from the department?

A. When the heads of departments leave, they generally leave blanks signed, to be used in case of an emergency, if they are required.

Q. They are issued according to general instructions and custom?

A. Yes, sir. I suppose the facts relating to that proclamation are already before the committee.

By Mr. Lindsey:

Q. Did you receive any communications from General Latta, or from any person connected with the department, prior to the issuing of the proclamation?

A. I think not.

Q. All proclamations of the Governor are signed by the Secretary of the Commonwealth, are they not?

A. Yes, sir.

Q. The military orders of the commander in chief signed by the Adjutant General?

A. Adjutant General.

By Senator Yutzy:

Q. Has the Secretary of the Commonwealth, or his deputy, authority, under general instructions, to issue proclamations, in the absence of the Governor?

A. Well, I don't know. I think I would assume that authority without any hesitancy, in case of necessity. Whether it would be ratified or not, I don't know.

Q. Under general custom?

A. Custom; yes, sir. I really don't remember a case where I have done so. I am not certain, but what I have, in a case when the Governor was not here, about the reduction of the sinking fund.

Q. Do you know anything about a request made by the civil authorities of Allegheny county on the Governor, for troops?

A. I received on the morning of Friday, I think the 20th of July--the riots were on the 21st--on the day before, about three o'clock in the morning before, I received a telegram from the sheriff of Allegheny county, including a telegraph to Harrisburg, making the request. He stated that he inclosed it to me for my information.

Q. Was there any request made by private citizens or corporations for troops?

A. I forwarded the telegram to the Adjutant General, stating that I had received it, and I suggested that the major general commanding the Pittsburgh division furnish the necessary troops.

By Mr. Lindsey:

Q. What time did you receive that?

A. I think it must have been three o'clock on the morning of Friday.

Q. What time did you forward it to the Adjutant General?

A. I think by the same messenger. It was from the sheriff of Allegheny county, and I replied to him that I received his telegram.

By Senator Yutzy:

Q. Were you at the Union depot at the time the firing took place?

A. Yes, sir.

Q. Did you see General Pearson as he returned from the round-house or that vicinity?

A. Yes; I was in General Latta's room that evening with General Pearson and one or two other gentlemen, and he came in.

Q. Was he relieved from command by General Latta at that time?

A. I didn't understand that he was formally relieved of his command, but I know he was obliged to leave.

Q. For what reason?

A. The mob was said to be in search of him, and surrounding his house, and destroying his property. There was some conversation passed between us. I said I thought he was of no use there.

Q. How long did you remain at the Union depot, Saturday?

A. I was there all night.

Q. All that Saturday night?

A. I was there until in the morning at ten or eleven o'clock.

Q. Did you see General Brown there?

A. Yes, I saw General Brown in the early part of the night, I think. General Brown came in when the Pittsburgh troops were relieved.

Q. Did you know anything about his disbanding his command and sending them home?

A. Nothing, except from hearsay.

Q. Would you consider it justifiable or legal to issue a proclamation in the absence of the Governor in emergencies of this kind?

A. I think so.

Q. Did you regard it proper for the Adjutant General to call out troops or furnish troops for the suppression of the riot in the absence of the Governor?

A. That is a question I was not considering. There was nothing improper here when he had direct telegraphic communication with the Governor, and had authority to do so.

Q. In your estimation, would it require special instructions from the Governor to call out the troops?

A. I think he should act under general instructions. The Governor is the commander-in-chief of the troops.

By Mr. Lindsey:

Q. Did you receive any general instructions prior to the departure of the Governor for the West, as to what would be done in case of an emergency?

A. No, sir, I think not. I understood such authority was given in relation to troops to the Adjutant General. I didn't feel that I was vested with any special authority.

Q. In forwarding the demand that was made by the sheriff for troops to the Adjutant General, did you say anything to the Adjutant General about issuing any proclamation?

A. Nothing.

Q. Knew nothing of that until it was issued?

A. In my telegram to the Adjutant General was simply a suggestion that the major general commanding the Pittsburgh division--I didn't know who he was at the time--should furnish the troops.

* * * * *

W. W. Jennings, re-called.

By Mr. Lindsey:

Q. You may identify those papers, if you will state what they are?

A. This is my proclamation--the first one. Both are proclamations of mine, and this is an order. [Indicating.]

Q. Can you state the date when the first proclamation was issued?

A. The first proclamation was placarded over town--both these proclamations was placarded over town by eight o'clock Tuesday morning, the 24th. I arrived here on the 23d, about seven o'clock in the evening. These were all printed in posters.

Q. And the citizens were all summoned in accordance, or came out in accordance with this proclamation, I suppose--on the demand made by you in this proclamation?

A. Yes, they did, a number of them, in answer to my call. Before this was published I had gathered them up--parties who were excited, and ready to take hold.

Q. This force you collected, did you swear them in as deputy sheriffs?

A. No, sir.

Q. Or special police?

A. I summoned as----

Q. _Posse comitatus?_

A. _Posse comitatus._ We didn't stand on ceremony very long.

Q. If there are any statements you wish to make, please make them?

A. I do not know of any, sir.

The following are the proclamations and orders referred to by the witness:

PROCLAMATION.

SHERIFF'S OFFICE, HARRISBURG, PA.

WHEREAS, For the past two days the peace and good order of
the county have been disturbed and grave apprehensions exist lest
injury be done;

_And whereas_, The duty rests upon me to preserve the peace and
promote tranquillity;

Now, therefore, I, William W. Jennings, high sheriff of the county
of Dauphin, do hereby enjoin all persons to remain quietly at their
homes or places of business, to avoid gathering upon the streets
and highways, thus by their presence keeping alive the excitement
which pervades the community, and to further the restoration of
good order, I charge upon parents to prevent the half grown lads
over whom they have control from frequenting the streets.

And I hereby announce my resolute determination, with the aid of
special deputies whom I have appointed, and the posse which I have
summoned to preserve the peace and protect the person and property
of the people within my bailiwick, and I hereby call upon all good
and law abiding citizens to assist me and those acting with me to
enforce the law and maintain good order.

Given under my hand this 23d day of July, A.D. 1877.

WM. W. JENNINGS,
_Sheriff_.

NOTICE TO LAW AND ORDER POSSE.

The chief engineer of the fire department of the city of
Harrisburg, having issued an order specifying to what alarms the
several fire companies shall respond, the following companies of
the law and order posse, for the purpose of preserving good order
in the event of any fire alarm, will repair to the place designated
by the alarm as follows:

Company A to Nos. 4, 5, 7, 12, 13, 41, 42 for the Friendship Fire
Company.

Company C to Nos. 6, 21, 24, 31, 32, 61 for the Hope Fire Company.

Company I to Nos. 5, 6, 7, 23, 41, 61, for the Citizen Fire
Company.

Company B to Nos. 7, 12, 13, 41, 42 for the Paxton Fire Company.

Companies D, F, and G to Nos. 21, 23, 24, 31, 32 for the Good Will
Fire Company.

Company H to Nos. 5, 7, 41 for the Mt. Pleasant Hose Company.

The other companies of the posse will hold themselves in readiness
for orders.

WM. W. JENNINGS,
_Sheriff_.

SHERIFF'S OFFICE, HARRISBURG, _July 24, 1877_.

SHERIFF'S OFFICE, HARRISBURG, _July 24, 1877_.

Joseph F. Knipe, Commanding Co. A.
William K. Alricks, Commanding Co. B.
Charles Snyder, Commanding Co. C.
J. B. Boyle, Commanding Co. D.
George G. Boyer, Commanding Co. E.
C. A. Wilhem, Commanding Co. F.
Isaiah Reese, Commanding Co. G.

LAW AND ORDER POSSE

Will report with their respective commands at the Court-House at
two o'clock.

The posse will hold themselves in readiness to respond to two taps
of the court-house bell at any time prior to that hour. Other
companies will be designated and assigned to duty as the public
exigency may necessitate.

W. W. JENNINGS,
_Sheriff_.

Adjourned to meet at the call of the chairman.

HARRISBURG, _April 16, 1878_.

The committee met, pursuant to adjournment, at eight o'clock, P.M., in Senate committee room No. 6.

* * * * *

James H. Stewart, _sworn_:

By Mr. Lindsey:

Q. State your residence?

A. I reside in Pittsburgh.

Q. Did you reside there in July last?

A. Yes; I was a resident of Pittsburgh in July, 1877.

Q. Were you there during the riots of the 21st and 22d of July?

A. I was.

Q. State whether you accompanied Colonel Norris on Sunday morning, the 22d, to General Brinton's command?

A. I did.

Q. State where you overtook General Brinton?

A. Do you want me to state where?

Q. Yes?

A. We overtook General Brinton north of the Allegheny river--north-east of the Allegheny river--about a mile, I think, above Sharpsburg, on the bank of a ravine running up a hill. I don't know the name of the street. I was trying to remember it this afternoon, but I have forgotten the name of the road.

Q. From what point did you start?

A. From the Union Depot hotel.

Q. At what time?

A. I can't exactly state the time precisely--it was in the morning. We paid very little attention to time, having been very busily engaged all night and through the morning. We started, I suppose, between nine and ten o'clock, if my recollection serves me right--some place about that time.

Q. Had you been with General Latta and Colonel Quay during the night?

A. Yes, sir; with the exception of the time that I had been detailed for service outside of the city limits. Of course, where I went to from the Union depot was under orders of the Adjutant General.

Q. At whose instance did you and Colonel Norris go in pursuit of General Brinton?

A. I was directed by the Adjutant General to accompany Colonel Norris to the office of General Brinton.

Q. Did you hear the Adjutant General give Colonel Norris any orders to tell to General Brinton?

A. I did not.

Q. Verbal?

A. I did not hear any.

Q. Did he give him any written orders to your knowledge?

A. I think not.

Q. When you overtook General Brinton, state what conversation took place between Colonel Norris and General Brinton?

A. After passing through the city--through Penn avenue--we overtook General Brinton at the rear of his command, then marching very rapidly to the north. We drove partially through the left of his command, got out of our carriage, and walked the balance of the way to the front. Then General Brinton ordered a halt of his troops, and Colonel Norris then told him that the Adjutant General requested that he would turn back, and form a junction with Colonel Guthrie at Torrens station. Do you want me to go on and repeat the whole conversation?

Q. Yes?

A. They talked some time. I stayed with them. There were some officers of General Brinton's command with him, whom I was not personally acquainted with. General Brinton replied that his troops had been without food for twenty-four hours. That he had been fired upon from every corner and street car in the city. That he intended to go back into the country until he could get a position in which he could intrench himself and protect his men. And he furthermore added, that he would be God damned if he would go back into the city of Pittsburgh.

Q. Where were you when that conversation occurred?

A. Alongside of him. We were all sitting down. There had been a halt of the command made, and we sat down on the banks of a stream that ran along the public road.

Q. Did Colonel Norris deliver it as an order coming from the Adjutant General, or did he state that Captain Aull had had such an order?

A. Not that I know of. I can go back in my testimony and mention the fact that we met Captain Aull.

Q. Where did you meet Captain Aull?

A. We met Captain Aull at the eastern side of the arsenal, on Penn avenue. He stopped our carriage on, I think, the eastern side--the furthest extremity of the arsenal, on Penn avenue--stopped our carriage, and asked us where we were going. I told him we were after Brinton's troops. He said nothing at all about an order that he had.

Q. Do you know that he had an order?

A. I did not; no, sir.

Q. Did Colonel Norris tell General Brinton that Captain Aull had an order?

A. Not that I know of. 1 have no recollection of him telling him so.

Q. Did Colonel Norris repeat to General Brinton the substance of the order?

A. I do not know that he knew that Colonel Norris----

Q. Let me ask you the question over again. Did Colonel Norris tell General Brinton that Captain Aull had an order for him? Did Colonel Norris repeat the substance of the order which Captain Aull had?

A. Not that I know of. Captain Aull's name was not mentioned, and from the simple fact that we met Captain Aull, and he knew we were on the way to General Brinton--if Colonel Norris knew he had an order from the Adjutant General, it was not my business to know anything about it. I was simply directed to accompany the colonel on business.

Q. Did Colonel Norris state to General Brinton that the Adjutant General had requested him to deliver the order to return and form a junction with Colonel Guthrie?

A. As I said before, Mr. Chairman, Colonel Norris said to General Brinton that the Adjutant General had directed him to turn his column back, and pass the Allegheny river, making a junction with Colonel Guthrie, at Torrens station. Stated that fact, that the Adjutant General requested him to do so.

Q. And requested Colonel Norris to deliver that order to General Brinton--did he inform him--so inform?

A. Of course. He came direct from the Adjutant General, acting under orders of the Adjutant General.

Q. He was delivering the orders of the Adjutant General, as you understood?

A. Yes. That is what he was doing. That is what took me there. The Adjutant General directed me to accompany Colonel Norris. He was going on official business.

Q. We want to get at what Colonel Norris said to General Brinton?

A. That the Adjutant General directed him to turn his command back and form a junction with Colonel Guthrie, of the Eighteenth regiment, at or near Torrens.

Q. Did you return with Colonel Norris?

A. I did; yes, sir.

Q. To the Monongahela house?

A. To the Union Depot hotel.

Q. What time did you go back to the Union Depot hotel?

A. As I told you before, I don't remember anything about time; but when I got back there--when we got out of the carriage--we started upstairs to the room which the Adjutant General occupied, and was then informed that they had changed the head-quarters from the Union Depot hotel to the Monongahela house. I suppose that might have been one o'clock.

Q. In the afternoon?

A. In the afternoon.

Q. Of Sunday?

A. Of Sunday. At that time the fire was coming down the track towards the hotel. Colonel Norris went before I did to the Monongahela house, and I followed him shortly afterwards.

Q. Did you hear him make any report to the Adjutant General?

A. I did not; no, sir.

By Senator Yutzy:

Q. Were you present when Captain Aull received the orders from the Adjutant General?

A. I was not.

Q. Did General Latta order Colonel Norris to proceed with any orders to General Brinton?

A. He did; yes, sir.

Q. Were you ordered to accompany him?

A. I was.

Q. When you reached General Brinton, what reason did he give for not returning to the city of Pittsburgh or Sharpsburg?

A. I stated before that he complained that his command had been without food for twenty-four hours, that he had been fired on from every street corner in the city, that he was anxious to get to the open country, where he could entrench himself, and take up a position to protect his men. He declined to return and make any junction with any troops, or to have anything to do with any troops.

Q. Did Colonel Norris ask him to fall back to Sharpsburg, near the railroad, where he could be supplied with ammunition and food?

A. Yes, sir.

Q. Did he ask him to go to Pittsburgh at all?

A. I think not. If you will allow me to make a remark here, that at that time trains on the Valley road I believe had been stopped. On our road towards Brinton, after we had crossed the Allegheny river, we found the West Pennsylvania road was running, and I then remarked to Colonel Norris that if Brinton would come back to the river, I would see that rations were sent up the West Pennsylvania road, knowing that we could provide his troops with rations.

Q. He was to form a junction with Guthrie's troops where?

A. He was requested to go to Torrens station, or to go as near Torrens station as he possibly could.

Q. That is where Guthrie was stationed?

A. Yes; where the Eighteenth regiment was.

By Mr. Larrabee:

Q. Did you see General Loud there?

A. I did; yes, sir.

Q. Was he present during the time that this talk occurred between Colonel Norris and General Brinton?

A. That I cannot say. There were several of General Brinton's staff with him; but when we halted we left the line of the troops, and went down to the banks of this stream I speak of. There was several of his staff officers, and some of the colonels, whose names I am not acquainted with.

Q. Did you see General Matthews with him?

A. I do not remember.

Q. There were several of his staff officers?

A. They were all strangers to me.

Q. How many of his staff officers were present at the time this conversation occurred?

A. I suppose there were five or six gentlemen present scattered around. Whether they were listening to the conversation or not I cannot pretend to say.

Q. What time was Colonel Norris and General Brinton talking this matter over?

A. How long?

Q. Yes?

A. I suppose twenty minutes. I know it was a longer time than I wanted to stay. I was anxious to get back.

By Senator Yutzy:

Q. Was he sitting down?

A. Yes; sitting on the bank of the stream.

Q. Not sitting on a log?

A. Not on a log.

Q. On a rock?

A. I might have been sitting on a log or rock. I know I sat down on the grass. It was very dusty and very hot, and we all took a drink out of the stream.

Q. This conversation took place while they were sitting there together?

A. Yes, sir.

Q. A number of the officers sat with them?

A. Yes; sitting scattered around, some standing. You know how it is yourself, colonel, when you have a consultation with officers.

Q. Did Colonel Norris make any other business known to General Brinton, except this one matter?

A. I do not know, they had some little private conversation between themselves.

Q. This one matter was all--the business matter that you heard talked over between them?

A. So far as I was concerned. That was the business that took me out there, that was all I know.

Q. When that concluded, then you turned about and left?

A. Yes; walked back nearly to the Sharpsburg bridge, and found our carriage, and returned through the mob at considerable trouble.

Q. There was a mob following them at that time?

A. No, sir; nobody.

Q. You spoke about a mob--you found the mob after you got back?

A. Yes; Colonel Norris and myself had some considerable difficulty, and were stopped on our road back by a mounted guide, or vidette, or something--I don't know who he was, or what he was after. He followed us for some considerable time, and came up and addressed us.

Q. What was your understanding of the nature of the business that you pursued Brinton? For what purpose did you pursue Brinton?

A. Why we pursued Brinton?

Q. Yes.

A. My understanding was, that he was to go back and form a junction with Colonel Guthrie, and march into the city of Pittsburgh.

Q. Was that your understanding before you left the head-quarters of General Latta?

A. Yes, sir.

Q. Do you know how you got that impression?

A. By being in consultation with the Adjutant General and the balance of the staff during the entire night.

Q. And conversation?

A. Yes, sir; we were consulting together, of course, about the most feasible means or measures--what to do with this exigency there. If you remember, we were but a handful of men ourselves, and there all night long. Could not get our troops into Pittsburgh, wires were cut, lines of railroad were stopped, and our great anxiety was to get as many troops as possible into the city to protect the city. The idea was, this first division would make a junction--that the Fourteenth and Nineteenth regiments having disbanded, you might say virtually disbanded. Having left the Eighteenth regiment at three o'clock in the morning, it was our desire to get the First division form a junction with the Eighteenth regiment, and come into the city to protect property which was then on fire.

Q. Where did Brinton say he was going to when he was asked to return, and refused to?

A. He said he was going to the open country, where he would entrench, and take up a position to protect his troops. Whether he was going to Butler county or further north, I do not know. That was his remark--that he was going to the open country. Where he found that open country is more than I know, if he ever did find it. We did hear that he was marching to Philadelphia.

Q. Did General Brinton say anything that would lead you to think that he did not recognize Colonel Norris as an officer?

A. Did he say to us?

Q. Did he make any remarks to that effect, that led you to think he did not recognize him?

A. No, sir.

* * * * *

THURSDAY EVENING, _April 18, 1878_.

The committee met, at the call of the chairman, in Senate committee room No. 6. All present except Mr. Larrabee. Mr. Lindsey in the chair.

* * * * *

David Branson, _sworn_:

Q. State your residence?

A. No. 1315, South Broad street, Philadelphia.

Q. What is your business?

A. Coal merchant.

Q. A member of the National Guard?

A. Yes; I was last secretary, and am still quarter-master, of the Sixth regiment of infantry; but during the commotion acted as brigade quartermaster and commissary, on the staff of General Loud, commanding the Second brigade of the First division.

Q. Did you accompany the troops to Pittsburgh?

A. Yes; in the first expedition that started, and remained with the division until it returned in August. Present for duty all the time.

Q. On Saturday evening, state where you were--what your position was, on Saturday evening of the troubles at Pittsburgh?

A. I was on duty with the brigade in the yards of the company, between the Union Depot hotel and the round-house, engaged in overlooking the line of the men, which kept back the crowd from that portion of the company's property.

Q. Were you in the round-house during the night?

A. In the round-house during the whole night.

Q. Did you leave with the troops in the morning?

A. Yes; the last officer to leave the building.

Q. State, if you please, whether the building was on fire or not when you left?

A. The buildings were all more or less afire when I left.

Q. How extensive was the fire in and about the round-house at the time you went out?

A. At the time the troops commenced to march out, there had been considerable burning of the buildings which we occupied, some of which had been put out, and re-kindled by the burning cars that were run down against the building. That happened two or three times. We thought it was impossible to keep the fire from spreading, and decided to abandon the building. At the time the troops were going out, all the buildings were on fire, and in some of them the fire had got very extensive; so much so, that I felt hot when I went through the last door.

Q. You accompanied the troops on their march out Penn avenue, did you?

A. Yes, sir.

Q. Were you at the arsenal grounds?

A. Didn't go into the arsenal grounds, and didn't witness the interview between Brinton and Buffington. At that time, I was engaged in re-forming the troops. They had been broken up by the killed and wounded.

Q. Were you present when Colonel Norris overtook General Brinton?

A. Yes; when Colonel Norris overtook us beyond Sharpsburg, I was between the two brigades, the first brigade was marching in the rear, some of them assisting the men in charge of the Gatlings, dragging them up the hill. The other brigade had halted to give them time to catch up, and Major Norris arrived in a carriage or a hack, accompanied by some other party whom I didn't know, and Norris not recognizing me, stuck his head out of the side of the hack and told his driver to stop, and asked where General Brinton was. I told him a little further in advance, and I would go and show him, and went up with him about one hundred yards further, and found General Brinton sitting beside of the road, waiting for the troops to close up.

Q. You walked with him?