AFTERNOON SESSION.

PITTSBURGH, _Thursday, February 21, 1878_.

The committee met, pursuant to adjournment, at three o'clock, P.M. Mr.

Lindsey in the chair, and continued the taking of testimony. All

members present except Senator Reyburn.

* * * * *

Colonel P. N. Guthrie, resumed:

Q. When we adjourned you had got at Torrens station. I wish you would

state to us how large a crowd you found there, what the appearance of

the crowd was, and so on, and give your movements from that time?

A. When I got to Torrens station I found at least twelve hundred men

there, composed of strikers, and the crowd and mob--not a mob--lookers

on. I had no trouble in getting into position, no trouble of any kind.

Was not greeted with hisses, noise, or demonstration of any kind

whatever. As soon as I got my command in the position I wanted them in,

I brought them to a rest. Then I went around on the tracks to see what

the condition of affairs was. I found, as I stated before, that the mob

contained two elements there--strikers and lookers on. I sent for the

man who was represented to me to be a leader among the strikers, had

him brought down to my position, and had a long conversation with him.

I informed him that I had been sent out there with orders from General

Pearson to see that all trains passed through the stock-yards. It was

my duty to keep the tracks clear, and keep the crowd from interfering

with the passage of trains, &c. I didn't want to have any trouble or

any disturbance of any kind; but the moment a train approached there it

was going to go through. He told me that the strikers had no intention,

no disposition to interfere with the passage of the trains, that the

Pennsylvania railroad might send all the trains through they had got.

He said they could not send any through because they could not get the

men to man them; but if they could, they could send them through; they

didn't intend to interfere. I told him I was glad to hear that, that it

would probably make things a great deal easier, because if the crowd

interfered outside of the strikers a man would have less hesitation in

dealing with them. This conversation with this leader of the strikers

occurred immediately after I got there, as soon as I got my command

into a position and gave the command rest. Almost immediately after,

and during my conversation with this man, a train came up to the

stock-yards from Pittsburgh. That was a freight train or a passenger

train--I have forgotten. I did not probably look at that time; but I

think it was a freight train; but that train was loaded down with

roughs on the cars, and platforms of the cars, the engine, cow-catcher,

and every available space. I think the train was crowded with the most

infernal lot of scoundrels that a man ever saw. I do not think that

they were strikers entirely, though. There were a great many men from

Pittsburgh that I recognized; but there was a large element on that

train I could not account for at all. They became very noisy and

offensive. All of them got off that train and crowded on to any trains

that were stationary there--cars standing on the track, which brought

them within a very few feet of my regiment. Their remarks became so

offensive to me that I was afraid that if it was allowed to continue it

might bring about trouble. I had the bayonets fixed on my guns, and I

charged bayonets on this crowd. They broke and fled away, and got some

distance off. In the interval I formed my men in another position more

satisfactory to me--got them on the street, and in what we call column

of companies. Before, I was in line of battle. I remained in that

position for some time. I would say here that the understanding between

General Pearson and myself, when I went to the stock-yards, was that

the trains would be sent out immediately. I urged it upon General

Pearson. I believed it was the best thing then, and I believe so now,

that a train should have been started, that if one train could have got

through, all the rest would have followed, and even one train would

have broken the force of the strike; but I waited and waited and waited

in position there until the men could stand it no longer. The crowd

three times during my stay at the stock-yards annoyed me, and crowded

close on my lines, and became somewhat demonstrative, so much so that I

was afraid to allow the thing to continue, and I charged bayonets.

Every time I charged bayonets the crowd dispersed, and twice I loaded

the guns in the presence of the mob, and the moment the guns were

loaded the crowd fled and dispersed; but would return almost

immediately after. As soon as the crowd would go away from my front I

would take the cartridges out of the guns to prevent the men from

recklessly firing and bringing about any conflict between the troops

and the crowd. That continued time after time during my whole stay at

the stock-yards. These men were easily driven away by me. At any

appearance I would make of a disposition to fire upon them or use force

against them, the mob would disperse--the crowd would disperse, because

it was hardly a mob. I could not see that they were armed at all. If

they were armed they had pistols--they had no guns of any kind.

Q. Had they thrown any missiles?

A. The second time I charged on them, they began throwing, but it

didn't amount to anything--no more than five or six men were engaged.

One man who stood on the top of the cars--a man known as Monkey John, a

man who has since been tried by the courts here--was the most offensive

in the whole crowd. He expressed a great desire on his part to split my

head open, but he didn't try it. He was within a few feet of me, and I

was strongly tempted to split his head open, but I thought I had better

not. During the time I remained at the stock-yards, I was frequently

visited by General Pearson, and to all of my inquiries, why trains had

not started out, his answer was, the troops were not ready in the town,

and hadn't been able to get possession of Twenty-eighth street, which

brings me back to my original assertion, that, if the first troops had

gone to Twenty-eighth street, we might have had the trains moving.

General Pearson, every time he came out, was accompanied by some of the

railroad officials, and all of them seemed to be very anxious with

regard to my ability to hold that place; but I told them there was no

mob in front of me, only a crowd, that might become a mob if they got

the upper hand, and so long as they didn't have the upper hand they

were a crowd. That was the state of affairs until the arrival of the

troops from Philadelphia. At the time they arrived, General Pearson

informed me that as soon as they got into the Union Depot hotel they

would be disembarked, and brought out to Twenty-eighth street, and

placed in position at Twenty-eighth street, and the Fourteenth, and

Nineteenth, and Breck's battery would be sent out to me, and the trains

moved. I waited until nearly two o'clock that night, (Saturday,)

waiting for trains, and waiting for information. Not a train appeared,

and not a word of official information reached me until Sunday morning.

On Sunday morning, about half past two o'clock, I received a

communication from James W. Latta, Adjutant General, which was the

first information I had that General Pearson was not in command, and

that General Latta was directing affairs--informing me that ammunition

would be sent out to me by wagon, under the charge of an officer of the

staff. Upon the arrival of that ammunition, I would be joined by troops

from Walls station, and, when that junction was formed, I was to march

into town to the relief of General Brinton, besieged in the

round-house. I prepared my men for marching, and waited the arrival of

the ammunition. Sometime after that the ammunition arrived, and I am

not able to state the time exactly, because my watch had run down, and

everybody else's around. When the ammunition reached me, an order also

came with it, stating that the troops at Walls station were without

ammunition, that the engineer was unable to bring the train in, and

they could not make a movement until they had ammunition. That all the

approaches to the city from Walls station were crowded by rioters. That

all points along the railroad, suitable for their purpose, was in

possession of the rioters--a fact which I demonstrated afterwards by

sending men out of my own command to determine whether that was the

case or not. I received orders also to send ammunition by wagon out to

these men. As soon as that ammunition was received, they were directed

to continue to march in to me, and, when they joined me, I was directed

to complete the movement as ordered in my first dispatch. I hired a

wagon, and sent a squad of men out with it. They had to take a

roundabout way to get there. I sent, I think, five thousand rounds of

ammunition out to these men. Time was passing away very rapidly, and it

was nearly ten o'clock before these men got to Walls station with that

ammunition.

Q. Ten o'clock on what day?

A. On Sunday morning. In the meantime I had made up my mind that the

Walls station troops could not get in. About five o'clock I had made up

my mind that the troops from Walls station could not get in to me in

time to make the junction and march in to the relief of General

Brinton, and I sent Captain Aull, of my regiment, in to General Latta,

with instructions to tell him that, in my opinion, these forces

couldn't join me, and to countermand the order so far as Walls station

troops were concerned, and order me into the city. On the way in to

General Latta, Captain Aull witnessed the leaving of the round-house by

General Brinton's command. He conveyed that information to General

Latta. General Latta then sat down and wrote an order to General

Brinton, ordering him to unite with me at the stock-yards, and sent a

copy of that order out to me. Of course that prevented me acting on my

own responsibility, and I was compelled to remain at the stock-yards.

The order reached General Brinton, and General Brinton refused to join

me--at all events he didn't join me. I waited there until about twelve

o'clock, and I was satisfied then that it was not General Brinton's

intention to come to me--that he had left the city, and he didn't

intend to return. I then made up my mind I would go into town and see

myself what was going on. In all this time I hadn't one word of

official information concerning what was going on in town. Colonel

Smith came to my camp on Sunday morning, and gave me the first

information of the state of affairs in Pittsburgh. Of course I could

see a dim light in town, but the extent of what had occurred I didn't

understand--I could hardly believe--and I could hardly believe that the

large force of well drilled men under General Brinton could not control

any mob that might be brought against them. At twelve o'clock and about

ten minutes, these troops from Walls station came down to Torrens

station.

Q. Twelve o'clock Sunday night?

A. Twelve o'clock noon on Sunday. At that time I knew, from the

officers I had sent out after Brinton, that Brinton was not going to

come back to Pittsburgh. I had official information from the staff of

the Sixth division that the Fourteenth regiment and the Nineteenth had

been disbanded by General Brown, and there was no military force in the

city of Pittsburgh. I didn't deem that the troops from Walls station

were of any assistance to me whatever, at that time. I thought they

were a great hinderance to my efforts. I ordered them back to Walls

station, and to go from there to Blairsville, which would be, I thought,

almost necessary that Brinton should make a junction. 1 didn't see how

he was to get home unless he did go to Blairsville in some way or

another. I then came into town to see how affairs stood. I went to the

Union Depot hotel; reached the Union Depot hotel just about the time it

had been fired--it was then in a blaze, commencing to burn, though the

fire was not thoroughly under way. I went to the end of the building,

and I saw some fifty or sixty men on the tracks engaged in burning and

pillaging. I think at that time that twenty-five good men could have

checked that whole business. There was a large crowd in the open space

in front of the Union Depot hotel, and a large crowd on Liberty street.

I went through the crowd in front of the hotel, and went through the

crowd on Liberty street, and I am satisfied there were not men enough

in the Sixth division to stop that burning. The crowd on Liberty street

and in the space in front of the Union Depot hotel was merely

lookers-on, but it only needed a demonstration of some kind against

them to have made every one of those men, or nearly every one of those

men, part and parcel of that mob engaged in pillaging and burning. They

would have gone to the defense of those men without any question. I

satisfied myself of this matter pretty thoroughly. I was not hasty

about it--calmly went through that crowd and heard them talk, and knew

exactly what they meant. They were men that were not disposed to take

upon themselves to burn or pillage, because there was no necessity,

since they had other men to do it for them.

Q. Were you in military uniform?

A. No, sir; I was not. I could never have got into town with a military

uniform on. I came into town not only disguised, but in a great measure

hidden. I did that for the reason that men that joined my command,

within a few moments of leaving, had told me of being stopped on the

way themselves. They had to take a roundabout way to go out to the

camp. I saw on my way in there were crowds of men everywhere who would

have put a stop to any person coming into town in uniform. I went to

the Union Depot hotel for the purpose of finding General Latta, and

discover what was being done and what had been done. The moment I got

there I saw for myself what had been done by the rioters, but what the

military authorities were doing, of course, I couldn't ascertain until

I had found General Latta. 1 hunted around through the town and found

General Latta at the Monongahela House. He was regretting very much, at

that time, that General Brinton had gone out of the city instead of

going out to me or coming into the city. He was powerless to do

anything, he had no troops under his command except my own regiment. I

went to my armory, and I sent out to Colonel Smith and the adjutant

general of the Fourth brigade instructions to my regiment to march into

town. Through some delay on the part of Captain Aull, the regiment was

delayed about two hours. They reached here about dark.

Q. By what route?

A. They came in on Fifth avenue, the only route they could have gotten

into town. The crowd was very large on Penn avenue. Notwithstanding,

they came into town, I believe, without any demonstrations of any kind

against them whatever; marched down to the armory. We remained there on

duty continually. Colonel Howard came in and he brought his regiment

together. Colonel Gray, of the Fourteenth, got his regiment together.

On Monday morning the three regiments were here in the city of

Pittsburgh ready for duty, and on Monday morning, the three regiments,

I believe, paraded through the streets. Colonel Howard's and my own

regiment paraded together. I think I remember, after going back to the

armory, seeing Colonel Gray's regiment return to the armory after their

parade. I am not certain about that, but I think I did. Those two

regiments returned to their armory, were ready, and could have been

assembled had anybody taken the trouble to order them--could have been

assembled in a very short time. On Monday morning, I believed that I

was in command of the troops of the Sixth division. I certainly was in

command of the Eighteenth and Nineteenth regiments, because Colonel

Howard was then in my armory with his regiment and had agreed to obey

orders under me. General Brown came in and assumed command on Monday

morning, and I refused to recognize or obey any orders from him. He

remonstrated, but I insisted that I wouldn't obey his orders. I was in

command of the troops, and I intended to handle them, and he went out

and various men came in and thought it was a very serious thing to have

dissensions in the military at that time--the city was apparently in

the hands of the mob, and it would be better for the military to

proceed as a military body, without any dissensions in rank. After

listening to them, I agreed to serve under General Brown, and I so

notified him. From that time until the troops were ordered to Luzerne,

and until we returned, I served immediately under the command of

Brigadier General Brown. That is the outline of my service.

Q. Did you receive any orders from General Brown to disband your

regiment at any time?

A. On the 31st of July, about one o'clock in the afternoon, General

Brown sent an officer of his staff to my head-quarters, requesting my

presence at his head-quarters. I think it was the 31st of July. I went

up to General Brown's head-quarters, and he gave me a verbal order to

dismiss my regiment. I asked him by what authority the regiment was

disbanded. He said he had just come from the Governor's head-quarters,

or he had received an official communication from the Governor's

head-quarters, I have forgotten which. At all events, the orders were

from his superior officers that my regiment, and also Colonel Gray's

and Colonel Howard's were to be disbanded. I think he had sent to

Colonel Howard and Colonel Gray also. I determined that I wouldn't

disband my regiment, and I couldn't see why the Sixth division should

be dismissed when the Governor was rapidly assembling all the troops of

the State in this city. Could not understand it, and felt there was a

mistake of some kind about it. I went back to the armory. That

afternoon I paraded my regiment, and before I got through the parade I

had official knowledge that the Sixth division was to go to the coal

regions, which demonstrates fully to my mind that there had been a

mistake made somewhere, or there never was a communication of the

Governor's that the Sixth division should be dismissed at all. So far

as official knowledge of what took place in the city of Pittsburgh on

Friday after half-past one o'clock, and on Saturday until six o'clock,

I know nothing at all. I was not present with my regiment and knew

nothing at all about it, except on Sunday afternoon, when I came in

myself. With the burning of the elevator on Sunday afternoon, I think

all danger of a mob had passed. The men had got all the whisky they

could get hold of, and the whisky had worked its effect on these men.

The burning and pillaging of this city was stopped by the giving out of

whisky, and with the natural working of the whisky on the human body.

The men were dead drunk. On Monday morning there was no mob in the city

of Pittsburgh that I could see, though the railroad property and trains

were in the possession of the strikers, and remained so until the

arrival of Governor Hartranft with the national guard.

Q. What day was that?

A. I do not remember what day that was; that was probably the 25th or

26th of July--it was later than that. I cannot state the date of his

arrival. They were here on the 31st of July. I remember that, because I

went to out to see General Brinton on that day.

Q. Did you have any trouble in assembling your regiment--in getting

them together?

A. When they were first ordered out?

Q. Yes.

A. Oh, I had a great deal.

Q. What I mean is, were the men willing to serve?

A. Oh, yes; no trouble of that kind in my regiment whatever. The only

trouble was in getting hold of the men.

Q. Was there any disposition among your men to aid or sympathize with

the strikers?

A. Not a bit, sir.

Q. Could you have depended on them, do you think, for any emergency?

A. Depended on them for any emergency whatever. I had no trouble of

that kind. I never gave a thought of trouble of that kind. I had no

personal worry or annoyance with the men in my regiment. I do not

believe there was much of that thing in any of the other regiments.

Q. How much, or under what circumstances, would you deem it proper for

an officer under command, in the face of a mob, to give the order to

fire. That is, how much resistance on the part of the mob, or

demonstration on their part, before an officer would be justifiable in

firing, or giving the word of command to his men to fire?

A. I would hesitate some before I would give an order to fire, unless

there was a shot fired. The firing of a gun or pistol into the ranks of

my men would, I believe, justify me in giving an order to fire, and I

would at once do it. A man in command of troops has to judge a good

deal of the disposition of the crowd, as he can see it. I can hardly

tell you exactly what I mean. Sometimes you find a crowd in front of

you good-natured, meaning no harm, and you generally find among the

crowd a lot of men who are working the mischief--see an element of that

kind in a crowd. I do not think an officer is justified in hesitating

at all, because these men can soon influence a crowd to do as they want

to. If a crowd attempted to seize hold of the guns of my command, I

should certainly give an order to fire. I would not give the order

recklessly to fire. I would give the crowd time to get out of the way,

by simply announcing to them that I would fire if the crowd did not

disperse. If they had been firing into me, and committing acts

imperiling the lives of my men, I do not know that I would give them

that warning. These are little things a man would have to judge of as

they occurred. I believe an overt act committed by a mob justifies the

officer who commands the troops to fire.

Q. Would the hurling of missiles into your men by the mob be a

provocation sufficient to justify the commander giving an order to

fire?

A. I believe it would, but the commander would consider the previous

acts of the mob and all the conditions of it, the character of it, and

the character of the people in it, &c. I believe whenever a mob in the

presence of the military does damage to the military that the military

are justified in doing damage to the mob, and doing it right quick.

Q. And use the necessary efforts to disperse the mob?

A. Yes; fire at them, and do it quickly, and do enough of it to prevent

them ever coming back. I do not believe a man in command of troops has

any right to act rashly, and would hesitate some before he would do a

thing of that kind. My idea of the military has always been that they

are subordinate until the sheriff is satisfied he can do nothing--that

then they step in and act quickly. Probably there would be no

demonstration against the military if the military officer would inform

the mob that if they did not disperse within a certain time, he would

fire upon them, and if necessary, load in the presence of the mob, and

ninety-nine times out of one hundred, I believe, there would be no mob

by the time they got loaded.

Q. Did the mob flee or disperse before your men every time you gave the

order to load?

A. They scattered every time. I had no trouble at all with the mob--I

did not consider that I had a mob in front of me. I simply had a large

crowd, which I believe would have been a mob if they could have got the

upper hand in any way.

Q. You ordered to charge bayonets once or twice?

A. Three times.

Q. In the charge bayonets, did the crowd stand until your men came

close to them?

A. No, sir; they fled in a good natured way. Laughed--no trouble at all

to get rid of them. My object only was to prevent them coming too

close. If the men get close enough some men in the crowd might feel

like taking a musket away, and that would bring about a disturbance. It

is better to prevent anything of that kind than to allow it to come and

then act afterwards.

Q. Your object was to preserve the military character of your regiment?

A. Yes, sir.

By Mr. Larrabee:

Q. Keep the troops and the mob separate?

A. Yes. I never let the mob in with my troops at all, sir.

By Senator Yutzy:

Q. You were in active service during the last war, were you not?

A. I was.

Q. In what capacity?

A. I went out in the service as second lieutenant, and came back a

major--filled all the intermediate ranks.

Q. How long were you in the service?

A. Three years and seven months.

Q. You were speaking about taking command of the three regiments--the

regiments commanded by Colonel Howard and Colonel Gray--did you take

command by virtue of your seniority over them?

A. I would, but I do not think I spoke of taking command of the three

regiments, as I had not seen Colonel Gray. I do not know what he would

do if he had been dismissed by General Brown. I suppose he would think

General Brown had his reasons for that. Colonel Howard had voluntarily

offered to join with me, and I did assume command. I had no

conversation with Colonel Gray at that time, nor for weeks afterwards.

I did say that on Monday, when Colonel Gray and myself were parading

the streets, that, to the best of my knowledge, as we were returning, I

saw Colonel Gray out with his regiment doing the same thing. That

continued during the time we remained in our armory afterwards. In

other words, I am satisfied that the Fourteenth regiment was organized

and ready for duty on Monday.

Q. After they had been dismissed by General Brown?

A. Yes, sir.

Q. You say you refused to receive orders from General Brown on Monday?

A. I did.

Q. Give us the reason for that?

A. My reason for that was, that General Brown had dismissed his

command, and when he dismissed his command, his authority ceased over

them until he re-organized. The act of re-organizing or bringing

together the Nineteenth regiment, was a personal matter on the part of

Colonel Howard; General Brown had nothing to do with that; it was

between Colonel Howard and myself, until General Brown got a brigade

together. He could not command me. One regiment does not need a

brigadier general and a colonel to command it; there would be a

conflict of authority at once; those were my reasons.

Q. Did you not regard him as your superior officer, if you were the

only man in his brigade?

A. I would regard him as my superior officer. I believe I could have

done better service than he. I was willing to take the responsibility.

I think that is the trouble with all the National Guard--there are too

many officers.

By Senator Yutzy:

Q. And not enough men?

A. And not enough men.

Q. Was there any reason you had for disobeying his orders or receiving

orders from him?

A. There was. I believe that General Brown has been suffering from

sickness more or less. He was physically weak, and I did not believe

was fully equal to the fatigues and annoyance of the command. I had no

disposition to ignore General Brown, but I did think that in the great

excitement of that day I could have handled my regiments better without

being hindered by orders from brigadier generals.

Q. In other words, you regarded him incapacitated for his position in

consequence of his illness and mental distress?

A. I did.

Q. And that would justify you?

A. That would have been my defense if I had got into any trouble.

Q. If it had not been that, as a disciplinarian and a military man, you

would have considered it your duty to obey?

A. I would. I considered General Brown, under ordinary circumstances,

was fully competent for his command; a braver man, I know, never

breathed than General Brown--possesses every quality for bravery. His

military capacity can hardly be doubted, when a man has filled the

various commands that he had in the army.

Q. That is, when he is in good health?

A. When he is in good health, he is a good man.

Q. Did you see anything of General Brinton's command during this

trouble, up to the time the collision occurred at Twenty-eighth street?

A. I saw nothing of any troops, except my own regiment, until Sunday

night or Monday morning, when I came to town. I saw the troops of

General Brinton in the cars, as the passed the stock-yards on their way

to Pittsburgh. That is all I saw of them.

Q. As an officer of experience in the army and active service, did you

think it was prudent for General Brinton to retire to the round-house

when he did?

A. I would not like to have done it. If I had had command enough to

have guarded every approach to the round-house, and to have had a guard

around the round-house, for the purpose of allowing one portion to

sleep while the other was on duty, I might have taken the round-house.

Q. For the reserves?

A. Yes, for the reserves; but under no circumstances would I go into

the round-house, without I was certain that every approach to the

round-house was thoroughly and properly guarded, and, if it was going

to take too many men to guard the approaches to the round-house, I

would not go into it then.

Q. Where would you have stationed your men?

A. The hill side there furnished an excellent position. Men could have

slept there, and with a small portion of them guarding it, and been

free from attack. They could have been free from danger. I like to be

out in the open air myself, where I can swing free and clear.

Q. Could you have intrenched yourself on the hill side, so as to make

the position secure and safe?

A. I do not think it needed any--it is naturally a strong position. If

it was necessary they could have gone to the top of the hill, and

nothing could have come in there. A very small force would have guarded

any approach. It would not be likely that anybody would have crawled up

there.

Q. If there would have been an assault made, would not the troops have

been exposed without entrenchments?

A. Not to any extent. Men could have hidden behind a house here and

there, and might have taken advantage of the inequalities of the

ground, and no large body could have got there.

Q. That hillside is terraced with ravines and wash-outs, which would

have given your men as much protection as the enemy?

A. Just as much, and with the advantage that a man in command of the

troops would have the selection of the ground. I never walked over the

ground particularly--I walk by there twice a day, and I am familiar

with the appearance of the hill. What the number of inequalities of the

ground are, I do not know, but it is a hill, at all events, and the mob

would come from below.

Q. The hill would have been the most eligible position for the force

From your knowledge of the Union depot, would that have served as a

fortification for General Brown's command to repel the mob, in case

they had made an attack on the depot?

A. To go down to the Union depot?

Q. For instance, if they were in the depot?

A. Oh, no; I think not. I do not think that depot was a desirable place

for any defense, because there was too much space between there and the

transfer station, where General Brown was, but the Union depot was

certainly the only place where these troops could get supplies, and it

would have been a good thing to have kept that space open, between the

Union depot and General Brown. I do not think that the force could have

scattered them to the extent that you speak of, defending the Union

Depot hotel and transfer station and the round-house. I do not think

they had enough men for it.

Q. Was there any available position between the transfer station and

the Union depot, where he could have entrenched himself and secured a

position?

A. The hillside was there. I think there was too much space between

Twenty-eighth street and the Union depot for General Brinton to have

attempted to protect all that line of property. He had not enough for

that.

By Mr. Lindsey:

Q. Could he, with his men stationed at the Union depot, have gone out

and driven off any crowd of men that might attempt to set fire to the

cars and thus keep the space clear by sallying from the Union depot.

A. I think he could; and, if it was necessary for him to go into any

house, I would have preferred taking the whole command down to the

Union depot, than going into the round-house and transfer station.

Q. And then guarded it as far out as you could?

A. Yes, sir.

Q. The reason for that would have been that the supplies were all at

the Union depot?

A. All at the Union depot.

Q. And the ammunition?

A. The ammunition was there. However, I do not think that General

Brinton knew anything about the ammunition, where that was, or anything

about it, when he went into the round-house, and neither do I believe

that General Brinton anticipated any trouble when he went into the

round-house. Firing upon the mob and dispersing it, he was left without

any disposition for some time, and then he went into the round-house.

By Senator Yutzy:

Q. Do you know whether General Brinton received the order from General

Latta, to join you at the stock-yards?

A. No; I can only answer that by hearsay.

Q. Did he report that he received that order?

A. Yes, he does. The adjutant general in his report states that Colonel

Norris and Colonel Stewart went out to deliver an order to General

Brinton. General Brinton in his report states that at a certain time,

Colonel Norris did join; he did not state whether Colonel Norris gave

him, or what answer he gave Colonel Norris; but the two put together,

demonstrate pretty clearly that he did receive an order.

Q. Was there anything to prevent General Brinton from joining you at

the stock-yards?

A. Nothing at all, except, probably he might have not known the way

out, but he could have found that by inquiring. There was not even that

excuse, because he had an officer of the Sixth division with him, I

believe, showing him the way.

Q. In his retreat or march from the city to Blairsville, how far did he

pass from you, from the stock-yards, how near?

A. He was going away from me within fifteen minutes of the time he left

the round-house--about fifteen minutes' march from the round-house he

came to the junction of the Sharpsburg and East Liberty roads. The East

Liberty led to the right and the Sharpsburg road to the left. He took

the road to the left, so he was going away from me all the time after

he got to where these two roads united. General Brinton did not get

this order that General Latta speaks of in his report and that Colonel

Norris carried to him--he did not get that order, and Colonel Norris

did not join him until he got to the Sharpsburg bridge.

Q. Until he got to it--he received it before he crossed the river?

A. I think he did. This is only hearsay on my part. I do know that

General Brinton had not received that order until he got to the

Sharpsburg bridge, because Captain Aull of my regiment had a copy of

the order. He had the written order. Colonel Norris had a verbal copy.

Stewart and Norris reached General Brinton. Captain Aull did not.

Captain Aull was in uniform, and had not the same facilities for

passing through crowds that the other two men had who were in citizens'

clothes.

By Mr. Lindsey:

Q. In the absence of the commander-in-chief, who is the senior?

A. The next officer of the line, the senior officer?

Q. Who is he--what person would be the next?

A. In these troops out here I believe General Pearson would be in

command.

Q. Of the troops of the State who would be?

A. The Governor is the commander-in-chief. After the Governor, the next

senior major general. I believe the senior major general was General

Dobson or General Osborne. I have forgotten which. After him comes

General Pearson in order of seniority, and after all the major generals

had been exhausted the brigadier generals would come in; then the

colonels.

Q. Is there any other person except the Governor as commander-in-chief

who has authority to call out the militia?

A. I think not. That is a matter of law, and that I am not exactly able

to give an opinion upon. My understanding as a military officer is that

no one but the Governor can call the troops out. I certainly would

hesitate a long time before I would obey an order from anybody else.

By Senator Yutzy:

Q. In the absence of the Governor from the State is there any one that

could call out the troops?

A. Unless he left orders with his adjutant general.

Q. Can he delegate that power as commander-in-chief to any person?

A. That is another fine legal point. I will say this: That if the

Governor is absent and an order came signed by order of the

commander-in-chief, James W. Latta, Adjutant General, I should obey it.

It is not my business to know whether the Governor is present or not.

The order the official----

Q. He might exercise his powers as commander-in-chief out of the State,

and without the exercise of the power from him, could any other person

exercise that power of commander-in-chief?

A. No, sir; there is no power can order out the militia but the

Governor.

Q. Is there such a thing as a Governor _pro tem._ in the absence of the

Governor?

Report of the Committee Appointed to Investigate the Railroad Riots in July, 1877 Read in the Senate and House of Representatives May 23, 1878 · 第 41 / 186 题