Part 110
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?