Chapter L: C. Bortree, sworn (5)

A. Walked with him. Walked hastily to him, found him waiting there, and he expressed great gratification to find the general again, they being old personal friends, and showed a good deal of feeling in the matter, and seemed very much exhausted and excited and worn out, evidently with loss of sleep and over-exertion, and the excitement of the occasion. Seemed almost dazed in his appearance by the state of affairs. He immediately inquired of General Brinton, what he proposed to do, and where he was going, and how much he had suffered. The general told him how he had got along. He had got out that way in order to find a place where supplies could reach us, and feed the men and get some supplies to feed the troops and get a little rest. They were completely exhausted with want of sleep and food. Colonel Norris assented to that, as about the only thing that could be done, and asked Brinton what he wanted him to do. Repeated the question several times in the course of the conversation: what do you want me to do, stay with you or go back and see what I can do outside. The General said there was nothing he wanted so much as provisions. That was the substance of the conversation. There was nothing in the form of an order given. The whole conversation was a discussion as to what had best be done, and what he, Brinton, intended to do, and what he wished Norris to do for him to help him. He had arrived there with the impression that we had suffered much more than we had.

Q. Did the gentleman who was with Colonel Norris get out of the carriage and accompany you up to where General Brinton was?

A. He didn't accompany him. He may have got out of the carriage afterwards. I never noticed, after Norris got out of the carriage. I never saw him, to my knowledge.

Q. Was he present when you met General Brinton?

A. No, sir. He might have been a short distance in the rear, following us up. I didn't see him. He was not close to us. There was a few officers gathered around. I didn't see anybody else.

Q. Officers of----

A. Our division staff officers. And General Loud was there at about the time the conversation commenced. I think General Matthews joined us afterwards. There was several of the staff there, and I was there, by authority of the position which I occupied on the staff, ready to receive any instructions that might be given.

Q. Was the division all right when Colonel Norris and you overtook General Brinton?

A. The brigade that was marching in advance was halted, waiting for the other to close up; the other was staying back in order to give the men with the Gatling guns time to get up the hill--the brigade in the rear wouldn't go on and leave the men with the guns back there unprotected. We had to halt several times, during our march, on that account. Halted the head of the column, and let the others close up.

Q. Did General Brinton and Colonel Norris sit down and have a conversation together, upon a bank or a log? Do you recollect that?

A. I don't think they exactly sat down. I think they surrounded, or stood around, a log or stone, with one foot on it, or grouped together--pretty close together--and four or five of us lounged around, waiting for those to close up. I couldn't specify the exact position I was in. There was nothing said without my hearing it, unless some whispering, and I didn't notice any.

Q. Did the carriage remain back?

A. Some little distance back of where we were. The driver came up close to us, when Colonel Norris went to get in again. The carriage approached us. I don't know exactly the time; and he went away.

Q. Did Colonel Norris say anything about Captain Aull's having an order for General Brinton?

A. I didn't hear Captain Aull's name mentioned. Never heard of such a man until long afterwards.

Q. Did he say anything to General Brinton about returning and joining Colonel Guthrie at Torrens?

A. I didn't hear anything about joining him. General Brinton asked questions about where the other troops were. Talked to Norris, and made inquiries where the other troops were, and why they didn't come to his relief, and how disappointed they were that they didn't come, and matters of that kind.

Q. Did he tell Colonel Norris that General Latta had given an order to Captain Aull.

A. I didn't hear anything of the kind. Didn't hear anything said about orders.

Q. Were you present during the whole of the time that they were together?

A. I was not more than four paces away all the time they were together. If anything was said that I didn't hear, it must have been purposely said in an undertone to avoid being overheard.

Q. Did you know Mr. Stewart, who accompanied Colonel Norris?

A. Didn't know him. Never heard of the man before.

Q. Did you see any person in the group not an officer in the command?

A. No, sir.

Q. Do you recognize Major Stewart here as being the man who came up with Colonel Norris?

A. No, sir; I didn't recognize him. If that was the man, he looked very different on that occasion.

Q. Did you see him?

A. I don't remember of seeing him before.

Q. Do you remember of seeing any person?

A. I saw a man in the carriage with Colonel Norris.

Q. Did he accompany you, or did he come up afterwards and join the group?

A. He must have kept in the background--might have kept back behind us--didn't crowd up into the group.

Q. But did Brinton and Colonel Norris have any conversation by themselves?

A. Didn't appear to have any.

Q. Or in an undertone that could not be heard by the others?

A. Didn't hear anything of the kind going on. There appeared to be no effort to conceal what they were saying from any of the staff. They talked above an ordinary tone of voice.

Q. Have you given all the conversation that took place as near as you recollect it?

A. I couldn't give the exact wording of the conversation, as I never expected to be questioned about it; but the whole tone and manner of the conversation was as I have stated--asking for information on both sides, and an expression of disappointment on the part of General Brinton, why the troops had not joined him, his intentions as to procuring rest and food for his troops, and his desire, in answer to Colonel Norris' question what he should do, that Norris should go back and assist in getting provisions to him, and if there had been any order given it should certainly have been made known to me at once.

By Mr. Means:

Q. Will you state to this committee what transpired with the troops during that night in the round-house, and what took place there during the night--about their going out of the round-house--you were there. I believe you said that you were about the last man leaving it, didn't you?

A. Yes; the orders given me require me to be the last man to leave.

Q. If you please, just state to this committee what transpired during the night about their leaving the round-house, and what condition the troops were in when they left it, and what condition the round-house was in?

A. Commencing with after we were stationed in the round-house, the mob commenced to gather around, and, in a short time, they began to fire pistols, and throw stones into the windows, smashing all the windows, and breaking the furniture inside with the missiles they threw in. Shot the sentinels at the gate, wounded other men inside, most of them not seriously. We didn't know at that time whether they were seriously injured or not. Finally, a large number made their appearance with muskets, and commenced firing with rifle balls.

Q. That was the crowd outside?

A. The crowd outside. Along about dusk this thing got warm.

By Senator Yutzy:

Q. Was this immediately before retiring from the round-house?

A. Saturday evening about dusk. That had begun to get right hot, balls commenced to come in very thick and heavy, and some of the rioters emboldened by our not returning the fire, which we were ordered by General Pearson not to, had come up to the gates pointing out at the head of Twenty-eight streets, and commenced sticking their pistols through the gates, and shot two sentries stationed there.

Q. Soldiers standing there?

A. Yes, sir.

Q. Were they Philadelphia soldiers?

A. Yes; they shot those two men. They were dragged away by their comrades. Still they would not allow us to fire. While this was going on, we staff officers busied ourselves in making preparations for the slaughter of the crowd, which we thought was bound to come, and was the proper thing to do to extinguish the rioters, and stationed soldiers at the different windows, and got the artillery in proper position--brass pieces and two Gatlings--gave instructions to the infantry not to fire until the artillery opened, knowing, of course, the artillery wouldn't fire without orders from proper authority. When the fire got pretty hot and the sentries were shot down, General Brinton got pretty warm about it, and insisted upon being allowed to fire, and went up to one of the offices where General Pearson made his head-quarters.

Q. Did you go to General Pearson?

A. Went to General Pearson. I followed him in, and he explained the necessity of being allowed to open fire on the rioters, that he could not stand this thing any longer, that the men were being shot down in cold blood, and now was the time; and Pearson says, "No, no; we must hold on a little longer; the thing must quiet down a little; don't let us have any more bloodshed"--some such thing as that. General Brinton replied, that it was only getting worse, the longer we put off the worse it would be, and Pearson said, "No; we might kill more innocent people. There might be some innocent women and children killed," and made replies of that kind to justify himself in not allowing the firing, which the staff officers standing by--I think about four in number were present besides the general--they were of opinion it ought to be done, and still he would not allow it, and several of us made some remarks on the subject--several of the staff officers.

Q. Be kind enough to state what those remarks were?

A. They were to the effect, that if we were going to do any shooting, now is the time to do it, and the remark I made to him was, if we were going to kill anybody--at first I said there were no women and children in that crowd.

Q. Was that remark made to General Brinton?

A. I made this to General Pearson, in the presence of General Brinton and some two or three or four other officers.

Q. You were addressing General Pearson?

A. I addressed General Pearson, right over General Brinton's shoulder--alongside of him. My rank did not justify it, but my old army rank did, and I presumed to advise him. Says I, "If we are going to do any killing, these are the men to kill. There are no women and children--they are all active rioters;" and he replied, "No, don't fire. You do not know who you will hurt; the artillery will shoot clear through the crowd." Just at that time the men in charge of the Gatling gun again moved it nearer the gate, and he saw the motion outside, or heard the wheels of the gun, and he jumped up and went to the window and motioned not to fire. "Don't fire, don't fire, don't fire," he said; "if they fire, the balls might shoot some innocent woman on a doorstep a mile away down street." That disgusted me so, I sneeringly remarked, if they were afraid of killing people so far off as that, let us fire with infantry, that won't hurt any a mile away, by shooting out of a second story window; and he said, "No, no; don't fire; it will all quiet down; you will kill some innocent people." Then I turned away in disgust, and left him. He went down stairs, and was about three quarters of the opinion to go down in the shadow of the building and give the command to fire anyhow. I changed my mind, for fear that the Pittsburgh troops might be coming around the corner. I am sorry afterwards that I did not give the order.

Q. Were you in the service during the late rebellion?

A. Yes; five years and one week.

Q. What rank?

A. I went in as a private and came out as a colonel and brigade commander.

Q. As a military officer, what should you have done under the circumstances?

A. I should have opened fire with every weapon we had, at just about dusk, from the most available points at the time that General Brinton asked him to allow him to do so. The mob was so dense at that time they could hardly have got out of each others way. They were composed of very different material from the mob at Twenty-eighth street, where the first conflict occurred, the better class having disappeared, and the worst came to the front. The criminal classes, vagrants, bummers, and tramps of every kind, and such men as we call night owls--never seen in day time, were conspicuous in front, urging each other on. A class of the population that would benefit the community by fertilizing the soil. I think at that time, if we had killed those men, it would have silenced the whole riot.

Q. As a military man and having military experience, do you believe that General Brinton had force enough there to have cleared that track and taken possession of the railroad property.

A. At that time, if we had acted at that time, at dusk, we would had no more trouble.

Q. Do you believe that if General Brinton had the privilege to have let his command fire on that mob, could he have taken possession of the track and of the railroad property?

A. Yes; if General Pearson had allowed us to fire at the time General Brinton wished to do so, we would have destroyed the mob, and could have taken possession of anything around that neighborhood. All that would have been left of the mob would not have made any fight.

Q. I understand you to say in your testimony, that the round-house was on fire before General Brinton's command left it?

A. Yes; all the buildings. We not only occupied the round-house, but several other buildings that form a yard between them.

By Senator Yutzy:

Q. Wings of the round-house?

A. There were shops. There is a round-house, and engine houses, and machine shops, and there was a wood-working shop, and a car repair shop, and an upholstery shop, and then the company's offices. They are all connected together, and form a small yard in between them.

Q. Were they attached to the round-house?

A. One came in direct contact with the round-house, or within two or three feet of it, and another within ten feet of it, and there was a space wide enough for two teams to pass between them. We had artillery in this yard and in towards the gates, and the different detachments of troops occupied the different buildings--men were stationed at the windows.

By Mr. Means:

Q. One more question, and I believe I am done. What kind of discipline were the troops under while in the round-house?

A. I considered, for militia, uncommonly good discipline. They obeyed every order I heard given. I will say this: very much to my surprise, from the time I left Philadelphia, there never was an officer or soldier under me that refused to obey an order I gave him. Further than that, I would say, their obedience to the order not to fire, under the aggravating circumstances in the round-house and on the street the next day, when they were fired at constantly with pistols, was one of the most remarkable exhibitions of good discipline I ever witnessed in all my military experience. That is a test of discipline.

Q. Do you know of any arrangement, or any effort made, to furnish the troops with provisions at Torrens station, or at any other place, after you left the round-house?

A. The first I knew about the provision business, was what I have said about Colonel Norris and General Brinton talking, and then, again, in the evening, when Major Barr overtook us, near the poor-house. He was sent back to arrange about provisions, and we got provisions in the night. We got some provisions at the poor-house.

Q. What was the messenger's name in the carriage with you--that rode in the carriage with you? Did you not say there was a party rode in the carriage, when you met General Brinton? Who was with Colonel Norris?

A. I do not know who the gentleman was that was with Major Norris. I was not acquainted with him, and never saw him before. Do not know anything about it.

Q. Do you know if he got out of the carriage and walked up with you?

A. Did not see him get out of the carriage. I could not say positively that he got out of the carriage at all. He might have done so. I did not look back to see.

By Mr. Larrabee:

Q. Did you say that the troops had orders not to fire upon the men that were following them, firing, on Sunday morning.

A. That was in order not to bring on a conflict as long as we could avoid it--to pay no attention to them. They were firing with pistols, and I did not reply to them, until they commenced to fire with rifles--a number of men.

Q. Did General Brinton give orders to that effect?

A. I do not know who the orders came from. I got orders from my brigade commander, General Loud.

Q. That the troops were not to fire upon the mob that were following on?

A. It was not so much on the mob following, as people on the sidewalk, and in the doors and windows of the houses, firing with small pistols?

Q. At the time there was firing by the troops?

A. After a time, when the rioters in different places, under cover, generally, at the windows, and behind signs, and around corners of buildings, commenced firing with rifles, then we returned that fire. In some cases the men standing on the sidewalk deliberately pulled out pistols, and fired at the rear of the column, just as we got by there. In one case I saw a man standing within four feet of a policeman on one side of him, and a squad of policemen, about ten or twenty feet on his other flank--saw this man, who was in citizen's dress, take a revolver and fire into our ranks, and no reply was made to him.

Q. No effort made by the police to interfere with him?

A. No; they looked on as if it was a dog fight.

Q. Did that shot hit any of the soldiers?

A. One shot I know took effect. They fired just as the rear of the column was getting by.

Q. At the police station?

A. It was right near a police station or an engine-house.

Q. Where the police were standing?

A. A group of them standing there. It was a municipal building. I think it must have been a fire station from the appearance of it. I looked back--we had just got by--and I judge, from the appearance of the building in Philadelphia, that it was a fire station. I was told since that it was. Those policemen were in uniform--quite a number of them--certainly seven or eight. There might have been a dozen of them, and no large crowd near to interfere with them in case they had chosen to arrest the man. I heard other firing at the same time, which, I believe, has been testified to by others as being done by policemen. I did not actually hear a policeman fire. There was more than one man fired--firing from the other side. I noticed this one man, particularly.

By Senator Yutzy:

Q. Where did this firing come from, parties on the sidewalks or from houses?

A. Some from sidewalks, houses, and doorways and cellars, from down street, in our rear, men from the corners of the streets we had just passed from behind projecting signs, in front of stores, boxes in front of stores. Saw some of them shoot.

Q. By pistols or muskets?

A. Those that fired from the rear were firing with muskets. All that I saw fire from doorways were pistols. Those from the windows were partly muskets and partly pistols.

Q. Were the police drawn up in line as you passed them?

A. Just standing on the curb-stone--that would naturally put them in line--they did not appear to be drawn up purposely.

Q. What was the conduct of the troops as they retired from the round-house?

A. They went out in as good order as from parade--regular formation. The only men out of place were three sharp shooters I had under my charge in the upper story of the building to keep men away from the cannon in the street. I was ordered to keep that gun quiet until the troops got out of the building. I had a detachment of men there that I held until nearly all the troops went out, and then dismissed all but three of them to rejoin their companies, and those three men remained out there Sunday until the last moment, and I got down opposite the passage-way through the building, and as the last file of men marched out of the building--the last file of the division marched out--I signaled for them to fire and come down. I fired at the corner of the building around which the rioters were sharp-shooting, to get at the cannon. It chipped off the corner of the building, and we made a run for it and got off before they made a shot at us, and the building that it was from was blazing at the time.

Q. The round-house?

A. The round-house and this office building, smoke pouring from the building at the time.

Q. Could you have remained in that round-house for any length of time after the time you retired, in your opinion?

A. Ten minutes afterwards every man's clothes would have been burnt off him if he had stayed there. As we marched around we made a sort of half circle. We went out Twenty-fifth street afterwards, went north to Penn street, and then east along Penn street, and as we passed Twenty-sixth, Twenty-seventh, and Twenty-eighth opposite the buildings, a square away, we saw the buildings, and that the fire had made great progress. The buildings were in complete blaze. Could not have stayed there ten minutes.

Q. Was your command supplied with ammunition to hold out against a mob?

A. We had very little ammunition then. During the night or just towards morning, I went around and made inquiry among the men and found most of them had from three to seven cartridges left. Here and there I found a man who had a large number, one man as many as twenty-eight, that had been obtained by some sharp practice--he would not tell me how. He would chuckle over it because he was an old soldier and knew how to take care of it.

Q. Was there a considerable amount of men that followed you as you retired from the round-house out Penn avenue?

A. When we looked back at some of the street corners, quite a crowd would make their appearance. They would not follow directly on the street, they would run down side streets and come up cross streets and come up on the corner at us. If we made a show to fire they would disappear--they would seem to follow the streets parallel with Penn street.

Q. Where did Colonel Norris overtake your command?

A. A short distance east of Sharpsburg, on the hill-side, in the edge of the timber, I think, about a mile from Sharpsburg. I do not know the exact distance.

Q. He got out of the carriage and walked along with the general. How far did he march with your command before he stopped?

A. The head of the column had stopped when he arrived.

Q. Was General Brinton marching at the time or was he walking along?

A. General Brinton was resting at the side, on the slope of the hill overlooking the stream. He sat down on something at the side of the hill. Colonel Norris approached and he got up to meet him. General Brinton had been marching at the head of the column, and halted at the head of the column, in order to get time for the guns to pull up.

Q. Was the entire command at rest when Colonel Norris reached there?

A. The leading brigade was resting. The other was marching to overtake the leading one. On account of difficulty in hauling the guns, quite a gap intervened between one brigade and the other.

Q. Did Colonel Norris walk with General Brinton with his command for any distance?

A. When the brigade with the guns overtook us the order was given for the whole column to move forward. By that time Brinton and Norris closed their conversation, and we walked along a short distance. We all walked along together a little ways talking, and he decided to go back, and the carriage turned around and Norris got in and rode back.

Q. What was the distance he marched with General Brinton?

A. I could not state the exact distance. I do not remember the exact distance. It was not a great distance. Did not pay much attention to that.

Q. When General Brinton and Colonel Norris met, was there any considerable excitement in the party?

A. The only excitement was on the part of Colonel Norris. He was very much excited, and seemed to be full of expressed emotion. We were all very cool. We got over our excitement and cooled off. Got out of the fire, and we were not half as much excited as outsiders.

Q. What was the language used by Colonel Norris at that time to General Brinton?

A. Expressed great gratification at seeing him sound and well--something to the effect that he never expected to see him again, and glad to see him--an expression of great gratification, great friendliness.

By Mr. Larrabee:

Q. Did General Brinton say to Colonel Norris he would be damned if he would go back to Torrens and form a junction with Colonel Guthrie?

A. There was no language of that kind used on any one's part, no violent language of any sort, no obstinate language, everything was pleasant, in the friendliest manner, the whole conversation the whole time they were together.

By Senator Yutzy:

Q. Were you present, within hearing distance, during the time that Colonel Norris and General Brinton were together?

A. Yes; the whole time. They could not have said anything unless they had whispered without my hearing, and I saw no sign of whispering. I might add that we were all very much interested in what Colonel Norris had to say, what was going on in Pittsburgh, what was the situation in the city, and Colonel Norris described the events that had occurred, so far as he had seen or heard what was going on in Pittsburgh, and we were intensely interested in listening.

By Mr. Larrabee:

Q. What errand had Colonel Norris--what specific reasons, if any, did he make known that he came for?

A. I did not hear him specify any particular reason for his coming. I supposed, as a matter of course, he came out to see where we were, and hear what was necessary to be done, the proper thing for a staff officer to do; ascertain the whereabouts and condition of the troops. He seemed to want to know what we wanted and what could be done for us.

Q. Did he say he had been sent there by anybody--been ordered to go out and find General Brinton?

A. Didn't hear him say anything of the kind. I assume, as a matter of course, that he had been sent to see what had become of us.

Q. That you presumed?

A. Yes; that is, military custom did not require any statement. The proper duty of a staff officer, when any troops are scattered is to hunt them up and see what is the matter with them.

By Senator Yutzy:

Q. Did you hear General Brinton say what he intended to do, and what course he intended to pursue?

A. He said he wanted to get a place to give the men a chance to sleep, and get his men something to eat. They were entirely exhausted, and remarked that they were fit for nothing until they had that.

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

A. Didn't hear anything of that kind said. It would have aroused me if I had. There was no ammunition at Sharpsburg, and no way to get it there. It would have been an absurd suggestion.

Q. The reason I ask that question, there was some testimony heretofore, that he had been asked to go back to Sharpsburg on the railroad, where he could be supplied with rations and ammunition. I want to know whether there was any suggestion of that kind on the part of Norris or any one else?

A. I did not know how we could get ammunition to Sharpsburg if we could not get it to the round-house. They might get it to us in the country just as well. They had to wagon it wherever they took it.

Q. Did Colonel Norris propose to furnish you with ammunition or rations--propose to furnish General Brinton with ammunition or rations for his command, or say anything about ammunition or rations?

A. The word "proposal" hardly covers it. He said he wanted to know of General Brinton if he wanted to go back for supplies, or whether he wished him to stay with him. And General Brinton said he thought it was better to go back for supplies. He particularly needed provisions right away. They might have used the word "supplies" two or three times, but he laid great stress on the fact that the men were nearly starved. That was spoken of two or three times. We were in a pretty desperate condition for something to eat; hadn't eaten anything for twenty-four hours. I know that made an impression on my mind and on my stomach.

By Mr. Larrabee:

Q. What time was it when Colonel Norris arrived?

A. When Colonel Norris arrived it was along about ten o'clock. It might have been from half past nine to half past eleven.

Q. You had something at the Union depot within twenty-four hours?

A. I had not. I sat down to the meal after the others had had their sandwiches, just before two o'clock, and was called away when I was putting the first mouthful in my mouth. I never got back. I was sorry my politeness kept me from putting it in my pocket.

Q. Where did you get your first provisions?

A. Along in the afternoon a man overtook us in a buggy with some loaves of bread, which General Brinton purchased, and broke up in pieces and gave to the men. Some of the men didn't get any.

Q. Did anybody in Sharpsburg furnish your men with provisions and water as your men passed through?

A. The men helped themselves to the water.

Q. Any of the citizens furnish provisions?

A. Some one came out that evidently recognized one of our captains, and came along to inquire for him, and handed him a bundle of cakes and crackers, which he scattered around among a dozen or twenty men--perhaps it might have been twenty-five. The men that got the crackers and cakes broke them up and passed them around. There was only a few got those.

Q. In marching out Penn street, after you left the round-house, at what gait did the troops march?

A. They marched rather slower than ordinary quick marching time, on account of pulling the guns, which necessitated their moving slow.

Q. Was there any haste at any point in the line of march?

A. There was a sort of break or stampede at one point before they reached the arsenal, where there was an unusual amount of firing. There was a sudden fusillade of musketry and pistols out of the doors, and out of the windows. A great many came from the second story windows at one time, or windows having the ordinary outside blinds.

Q. Shutters?

A. Slat shutters. Most of the houses at that time became two stories high. The shutters were bowed, and there came a volley of pistol balls and some rifle balls, and some from the rear. More than half of all the men that were hit during the commotion, were hit within five minutes, in that block. The firing was so sudden and unexpected, and two men were killed at the time, and one mortally wounded, and several others wounded slightly, that the men instinctively stopped. That was in the second brigade, in the rear. The others were beyond it, immediately where this firing took place. I believe I mentioned that all the attacks were made on the men in the rear. They would wait until we just passed before they fired, and fired from behind, alongside of the rear column. The first brigade continued to march on. Our brigade halted, and the men, by common impulse, without any order, commenced to fire in these windows, from which the smoke came. Of course, it stopped the firing from the windows. Some of the men fired from back down the street, and we opened the Gatling gun and fired down the street. The moment we commenced firing with that, we could not see a living thing down the street. Saw a dead horse, and two or three dead men, some smashed signs, and then we succeeded, by loud talking, in getting the men to cease firing, and just at that moment I noticed that the first brigade, or the first regiment, was double-quicking the men in the rear to their regiment, to close up the gap that had occurred in the straggling marching, and that had an appearance as though they were not marching away. The men at the head of the column were marching; in ordinary quick time, and in marching, the men would straggle out. It is very important, in a fight, that they should be together and touch elbows, and they were closing up, and some men in our brigade suddenly remarked, or raised the cry, that "the first is running away!" in the frightened tone of voice. It had that effect, and several others took it up and looked around, stopped firing, and saw that the first brigade was a block away from them, and with a common impulse, there was a sort of stampede or rush after them. The officers rushed around in front and could not stop them, and when they overtook the first brigade, they ran up into them in confusion. That was all the stampede there was. It was settled in a few minutes and got into shape again.

By Senator Yutzy:

Q. Do you know of any orders, written or verbal, urging General Brinton during the time he was in the round-house, or after he retired from there, within twenty-four hours, from General Latta, as to his course to be pursued after he left the round-house?

A. I do not know as I am a competent witness on that. I heard it second hand.

Q. Just what you know of your own personal knowledge?

A. I didn't see the order. I was informed through my brigade commander that the orders were to go east out Penn street, that was in reply to my expression of opinion that we ought to go to the Union depot and get our ammunition and supplies there. He told me General Brinton had orders to go east out of Penn street when we left. Of course, like a good soldier, I shut up. I supposed that was sufficient knowledge of the order.

Q. Any orders to General Guthrie to your knowledge?

A. I did not hear of any. All that was explained to me was that the order was to go east at Penn street when we left.

* * * * *

James H. Stewart, re-called:

By Mr. Means:

Q. Were you an officer in command of a regiment or brigade--a field officer or commissioned officer?

A. I was not, sir.

Q. I mean a commissioned officer at that time?

A. No, sir. I was not.

Q. What position did Colonel Norris occupy?

A. I do not know, I understood on the Governor's staff. I don't know whether he held a commission or not.

Q. Do you know whether he was commissioned or not?

A. No, sir; I did not.

Q. Do you know of any arrangement that was made through the colonel to have the troops rationed at any place or at any time?

A. Of the first division?

Q. Of Colonel Brinton's command?

A. Yes; I know something about it. I know we used every effort--do you want me to explain why?

Q. I want to know the whys and the wherefores.

A. Every effort was made to ration Brinton's command, whilst he was opposite to the round-house. We used everything in our power to do that. I myself had secured an engine from Cassatt, the vice president of the Pennsylvania railroad, and some gentlemen communicated with the Governor. Colonel Farr and Colonel Quay, and quite a number of us, carried on some tubs of sandwiches, and I having learned that the fire had taken place on Liberty street, we then telegraphed out, and found it was west of Twenty-eighth street, consequently, we could not get the rations, and we abandoned that. I afterwards went out myself to the general, carried an order, both written and verbal. I then returned to the Union Depot hotel. Every person connected with us, was very anxious to get the general's command furnished with provisions.

Q. Then the sum and substance of it was, you didn't succeed in furnishing them with rations?

A. We could not, it was utterly impossible.

Q. Were there any other arrangements made to furnish General Brinton's command with rations, after they arrived at the round-house, and after they got away from it?

A. We would have furnished him, if we had known where the general was.

Q. I ask the question, and I expect an answer plain, whether you did or didn't?

A. Whether we had sent any rations to them?

Q. Whether you did furnish them, and whether there was an arrangement made to get rations to them?

A. We had made arrangements--if he had turned his column back from where he was, beyond Sharpsburg, we had made arrangements to send rations up by the West Pennsylvania road.

Q. Where to?

A. To Sharpsburg. I supposed we might meet him there.

Q. Then you had no definite place that you expected to furnish these troops rations at?

A. No, sir.

By Mr. Lindsey:

Q. Does the West Pennsylvania road run through Sharpsburg?

A. Yes, sir.

By Mr. Means:

Q. Now. Mr. Stewart, in short, what arrangements did you make to furnish them with rations at all?

A. Where do you mean?

Q. At any place after they left the round-house.

A. After they left the round-house?

Q. Yes.

A. We made no arrangements, for the very simple reason, that as I said, we could not find out where General Brinton's command was. You will remember, the telegraph lines were cut. We learned accidentally, that the general was retreating, and we would have used every effort in our power to get the command furnished with rations, and could have done it, if he had turned the head of his column back. And in this connection, I want to just state here, that so far as the First division is concerned, they were a valorous set of troops, and did good service for the county of Allegheny, used every effort that they could. I believe, that so far as my own personal knowledge is concerned, that General Brinton did everything that he possibly could to help along the trouble that occurred. He was posted there in the round-house all night, and I do not blame him, really.

Q. Do you mean just what you said: that General Brinton did all he could to help along the trouble that occurred?

A. Oh, no.

Q. I wish you would explain this; give an explanation.

A. What I want to say is this: the general in command did everything he possibly could to protect the citizens of Allegheny county.

Q. And suppress the riot?

A. And suppress the riot.

By Mr. Means:

Q. And the railroad property?

A. Yes, sir.

Q. I would like you to be a little more explicit--a little more definite in regard to these rations. When you intended to transport the rations to these troops, and how you intended to get them there, and if you intended to get them there at all?

A. In the first place, we didn't know where the first division were retreating to. We understood that they had left the round-house, and were going north. We then could have made--did make--some arrangements to send rations to them, as I said before in my testimony.

Q. What arrangements did you make--put them on cars, or take them by wagons--how did you intend to transport them over there?

A. If he had come back south of the Allegheny, we would have sent them out the West Pennsylvania road--if he had made a junction with Guthrie, as we wanted.

Q. As who wanted?

A. General Latta.

Q. Did you say as you wanted?

A. I didn't say as I wanted.

Q. As the commander-in-chief wanted?

A. The Adjutant General; the commander-in-chief was not there.

Q. General Brinton, or who?

A. If General Brinton had come, and made a junction with Colonel Guthrie, we could have fixed the rations for him--could have done so if he had stayed in Sharpsburg.

Q. Now, in what way could General Brinton have made that connection with Colonel Guthrie?

A. How do you mean?

Q. By what road did he or could he have made it?

A. When he left the round-house, it was as easy for him to go to Guthrie's command as it was to march out to Sharpsburg.

Q. As you appear to know something about these arrangements, I would like to know what arrangement was made to get General Brinton's command any ammunition?

A. What arrangement?

Q. Yes; or if any?

A. I do not know that General Brinton's command had been exhausted of ammunition. We could have furnished him with all the ammunition that he wanted; as Colonel Norris told him, if he would turn back the head of his column, and make a junction with Guthrie, we could furnish him with both ammunition and rations.

Q. Now, do you know that Colonel Guthrie had ammunition, and plenty of it?

A. He had enough for his troops.

Q. How do you know that he had?

A. Having been out there in the morning, before daylight, furnishing Colonel Rodgers' command with some ammunition, I happened to know that Colonel Guthrie had plenty of it, and then we had more of it at the Union Depot hotel, and could have furnished the general's command with all the ammunition that he wanted.

Q. Had you any arrangements by which you would transport that ammunition to General Brinton's command--from the round-house, I mean?

A. After he left the round-house?

Q. From the Union depot?

A. O, yes; we could if we knew exactly where General Brinton was.

Q. Did you have any arrangements made to do that?

A. Well, we knew just exactly how we were handling our own stuff there.

Q. You did not know exactly what you were doing?

A. Yes, sir.

Q. Did you know from the commander-in-chief that General Brinton was short of ammunition?

A. From the commander-in chief? The commander-in-chief was not there. The Adjutant General was there. I knew from what General Brinton had told us on his route north of the Allegheny that he was short of ammunition.

Q. Did General Latta know that, to your knowledge?

A. Not until we returned from seeing General Brinton.

Q. And when General Brinton had marched north, you say then you supposed him to be retreating, and you gave up all hopes of furnishing any provision or anything else--when General Brinton, you say, went north, out Penn avenue--I believe it is north?

A. North-east; yes, sir.

Q. Then, after you found he crossed the Allegheny river you gave up all hopes and quit making any efforts to furnish him with either provision or ammunition?

A. No, sir; we did not. I believe that every effort was made to furnish his men.

By Mr. Lindsey:

Q. I would like to ask Mr. Stewart in what capacity he was acting?

A. As a volunteer aid of the Adjutant General.

Q. And did what he directed you to do simply?

A. At what time?

Q. While you were acting as volunteer aid?

A. You don't want me to tell everything I know?

Q. No, sir; my question is, you did what he directed you to do?

A. Everything, of course.

Q. That was all?

A. Yes, sir.

Q. You did not assume to do anything on your own responsibility?

A. No, sir.

Q. Were you a member of the National Guard at that time?

A. I was not. I had been a major on the staff of General Pearson.

By Senator Yutzy:

Q. Of the National Guard?

A. Of the National Guard.

Q. And you went out with Colonel Norris because you were directed to go out there by the Adjutant General?

A. Directed to go by the Adjutant General.

Q. And all you know about ammunition or provisions is what you were directed to do in relation to it?

A. Of course that is all.

Q. In your testimony heretofore you stated that Brinton made a remark that he would be God damned if he would return to Pittsburgh again. Are you certain he made that remark and used that language?

A. I am under oath, am I not?

Q. Refresh your memory and see whether he made that remark?

A. The general knew Colonel Norris better than he knew me, and of course, was speaking to him.

By Mr. Lindsey:

Q. Mr. Yutzy asks you whether you are certain that he made that remark?

A. I most positively assert that General Brinton made that remark.

* * * * *

Major Lewis D. Baugh, re-called:

By Mr. Lindsey:

Q. State whether you were with General Brinton's command on Sunday morning on their retreat?

A. No, sir; I was not.

Q. State what knowledge you have of the dispatches sent by General Brinton to General Latta during the night of Saturday?

A. I cannot, without my memorandum. I was present when the dispatches came in, several of them, two of them brought in by a scout, I think.

Q. From whom?

A. From General Brinton.

Q. To General Latta?

A. Yes, sir.

Q. You were in General Latta's office?

A. I was in General Latta's office.

Q. When two of them were brought in?

A. I think one or two, I cannot recollect. I was there when the scout came in.

Q. When the first dispatch was brought in?

A. I think so, yes, sir. I came in the room and found him there. If I had a report here I could talk more plain.

Q. You mean the Adjutant General's report?

A. Yes, sir.

Q. Can you state the nature of the dispatch?

A. If I saw the book I could state which dispatch it is.

Q. Did you see any other one than those that are published in the Adjutant General's report?

A. I don't recollect of seeing any other. I was in General Latta's head-quarters off and on during the evening, being cut off from my division, and naturally went to the next head-quarters, and I was in there during the evening, trying to get my rations out to the troops. I was commissary of the first division, acting quarter-master at the time, I had some ammunition there as well as rations, and I was in the room and out of it until pretty near midnight, and then I attempted to join General Brinton by myself, and went up street in citizen's clothes.

Q. Did you succeed?

A. No, sir; could not get to the round-house, found that I would get shot very likely by our own men as I was in citizens clothes, and looked about as much like a rioter as any of the rest of them.

Q. Did General Brinton complain of being short of ammunition in any of those dispatches?

A. I think he did, short of ammunition and short of provisions.

Q. Do you recollect what he said about it?

A. No, sir; I do not, because it is all written down, and I had the report.

Q. Are all the dispatches that you read or saw, as coming from General Brinton that night, published in the Adjutant General's report?

A. I think they are. There may be some more that I did not see. I read it over, and found it pretty near as I knew. I tried my best to get provisions to him, and I delivered ammunition--four boxes--to somebody, to take out to some other station to some other troops.

Q. Torrens station?

A. Torrens station, I think it was. I recollect going down in the cellar of the hotel and getting them out; it was pretty hard work for some one or two people, besides myself, to lift them up. The elevator was stopped.

Q. You were the commissary of General Brinton's staff?

A. Yes, sir; I am regular commissary of the First division--General Brinton's division.

Q. And as such were in consultation with the general during the night?

A. Yes, sir.

Q. Do you know of any supplies being provided to General Brinton's command during the night, or at Torrens station?

A. No, sir; not that I know of. There were some supplies I sent down there, but whether they reached or not I do not know; I don't think they did. Some started out there. The supplies went out in a wagon; I did not send those out--out to the round-house. When General Brinton started, he directed me to remain there and make arrangements to ration the troops in the evening and following morning. I made the arrangements, and after getting through with that arrangement I went on the track, and found there had been a fight.

Q. You say you were not with General Brinton when Colonel Norris reached him?

A. No, sir.

Q. When did you see General Brinton after that?

A. I think about three o'clock in the afternoon, as near as I can recollect, without having any watch on me.

Q. Of Sunday?

A. Yes, sir.

Q. Did General Brinton say anything about having seen Colonel Norris?

A. I do not know that he did--I do not recollect it.

Q. Did he tell you anything about Colonel Norris having been to see him?

A. I don't think he did. As soon as I found they had left the round-house, I heard they had gone to the arsenal. I heard Captain Breck say to somebody that they had gone to the arsenal. I drove there, and found they were not there, and somebody said they had gone to the right. I followed out, and crossed the railroad track, and came to the hospital, and down to the hotel again. I found they had gone to Sharpsburg. I hired another carriage, and drove out to Sharpsburg; and when I got to Sharpsburg, I was bothered which road to take, and I daresn't ask anybody. I found the mark of the shoes that the column had moved in the road, and I followed up that road some distance.

Q. General Brinton did not mention the fact of Colonel Norris having met him that day?

A. I don't recollect of it.

Q. Did he say anything about having received any orders from General Latta?

A. No, sir; he asked me for orders as soon as I got there. I told him I had none. Then I went back to General Latta for the orders.

Q. Why did you go back?

A. He wanted orders.