Part 61

A. He did not ask any permission--just as I have reported to you. The words were no more or less than just what I have said. The mere fact of his being there revealed to me that he had come there for that purpose. I did not wait for any request at all. The mere presence of himself and his men was sufficient for me. I took my action from what I saw.

Q. How many men were inside of the grounds?

A. That I do not know. Lieutenant Lyon can answer that better than I can.

Q. The number of men that stayed here?

A. The number of men that stayed here were eight besides Lieutenant Ash. These men I kept--afterwards, when I saw the command was gone, these men, I allowed them to stay in because I would not send them out in the streets. I told the men to join the command, but the command moved off, and these men were allowed to remain in, and were fed and kept.

By Senator Yutzy:

Q. Was there any formal demand made by any officer of the militia to be admitted, or request to be admitted here?

A. None, sir; except just what I told you.

* * * * *

Lieutenant M. W. Lyon, _sworn_:

By Mr. Lindsey:

Q. Just state your rank?

A. First lieutenant of ordinance.

Q. Stationed at----

A. Allegheny arsenal.

Q. State what came under your observation here on the morning of the 22d--Sunday morning?

A. We have Sunday morning inspection about eight o'clock. I finished the inspection, and returned to my quarters and had hold of the door, when I heard the firing down street. I turned to look out to see what it was, when I heard a yell and a lot of men running over the wall--jumping over the wall. I ran up to the gate in that direction. I thought they were the mob. Soldiers were running. I thought it was our own guard. When I got as far as that large warehouse, I met this officer, and I took him to Major Buffington's quarters.

Q. Did you know who the officer was?

A. No, sir; there were several officers, and the only way I now know it was General Brinton, is the fact, that some of them say that he wore a blouse, and he was the only one that had a blouse. The others were in full dress uniform.

Q. Did he state to you what he wanted?

A. No; he seemed to be commanding officer, and I took him to the major's quarters. He was in a great hurry. There were several officers with him.

Q. What was the result of his interview with Major Buffington?

A. As the major says, he made the remark to him, as he stated in his statement, and after that this officer, with the other officers, walked toward the entrance and went out, and I followed more leisurely. When we arrived there, they were bringing in the wounded, and the major told them all the wounded they had they might leave, and he ordered those that were bringing them in, to re-join the company--these eight men came in under the pretense that they were wounded, excepting one man, who had brought--I think he helped carry Lieutenant Ash in, and the major told him he would have to join his command, and he went to the gate and found the command had moved on, and he came to me and said he would willingly hide anywhere. He would hide in the coal-shed. He had never fired a gun off in his life, and only belonged to the militia three weeks.

By Mr. Means:

Q. Did the general commanding leave his command, in your opinion--the man that wore the blouse--had he left his command, and come in here for protection?

A. I do not think he came in here for protection.

Q. What brought him here?

A. He came in to see if he could get admittance for his troops.

Q. Did General Brinton then move on with his command?

A. As far as I know. I went down with some of these men that were carrying the wounded, to show them the direction to the hospital; then I returned to the gate to go for Doctor Robinson, and I do not think they stopped there more than a minute.

Q. Did you see any mob following in the rear?

A. There was none, I am quite positive. When I went to the gate, there was a man who keeps a beer saloon standing at the gate, and he said there was only one man following, and he gave the name of this one man. I went up to him and asked him, and he immediately stopped talking, and he said he did not know the man's name.

Q. When you went for Doctor Robinson, did you see any of the mob?

A. I saw no mob. I saw quite a number of people in the street that had come out of curiosity, hearing the firing, but they had no arms with them at all.

Q. Did you have any conversation with these wounded men to ascertain how they were wounded?

A. Oh! yes; I asked them all how they were wounded. One man said that they kept firing away from the middle of the street. They had two cannons, and loaded them up with glass and nails--little toy cannons. He said he got struck that way two or three times.

Q. How long after Lieutenant Ash was brought into the hospital was it before Doctor Robinson arrived?

A. I should think it was not more than five minutes, because I did not go down all the way to the hospital--the hospital is halfway between here and the guard-house, and I went immediately back to the gate, and went down to Thirty-seventh street, where Doctor Robinson lives, and he was sitting in his chair, reading the morning paper, and he came with me immediately, and I did not think it was more than five minutes, certainly not more than ten.

Q. How long was it before Doctor Lemoyne arrived?

A. I do not think he came until about two hours afterwards.

Q. Was there any amputation performed?

A. No, sir; they tried to perform an amputation, but Lieutenant Ash was not strong enough.

Q. Did you learn where he was wounded--where he was when he was shot?

A. I never could learn. I did not ask him, because the doctors did not want him to have any conversation.

Q. You do not know how far he had been carried?

A. No, sir; it was my impression he was shot near Thirty-seventh street. Some of the men said he was shot near the round-house. Lieutenant Dermott, who was stationed at the university here as assistant professor in engineering, he was up here while these wounded men were in the arsenal, and together we went over to the commissary where their cartridge boxes were, and I found the cartridges they had in their boxes, and they all averaged twenty rounds a piece, and one man he had forty. Some had less than twenty.

Q. Of the soldiers?

A. Of those eight that were here. I asked him--he was an old man. In fact, he had been wounded in the hand at the battle of Gettysburg, he said. When they were passing them around, there were several extra cartridge boxes, and he took one.

By Senator Yutzy:

Q. Were you in the vicinity of the crossing of Twenty-eighth street and the railroad, the scene of the riot, on Saturday?

A. Yes, sir.

Q. At the time the military arrived there?

A. I was not there the time the military arrived there. I was there about an hour before they arrived. I was talking with Captain Breck. He had two six-pounder guns, and I told him they were not of much use. He ought to have Gatling guns. He said the Philadelphia troops did have a pair of them. I waited until my patience was exhausted, and I came home.

Q. Did you see any of the movements of the military in that vicinity, or while you were there?

A. They made no movement while I was there. They simply remained stationary where they were. There were some on the hill side with their arms all stacked.

Q. None at the crossing of the railroad, were there?

A. I am not positive about that. At any rate, I did not keep account of them. They could get across the track very readily, for I went across. I do not think there were any there. I think they were mostly on the hill, and those had their guns stacked, but they were down at the crossing and on Twenty-eighth street, talking with the people, about the same as though they were going to have a party.

Q. That is, the soldiers were away from their command?

A. Yes, sir.

Q. Mingling with the crowd?

A. Yes, sir.

Q. In conversation with them?

A. Yes, sir.

Q. Was there any considerable number of them with their arms where they were stacked?

A. They were stacked there, and there were several sentinels along the line where the arms were stacked, but the men, as a rule, had their guns stacked.

Q. They had broken ranks?

A. They had broken ranks.

Q. Did you see them make any effort to keep any portion of the track clear?

A. Not while I was there; no, sir.

Q. How long were you there.

A. I was there three quarters of an hour, perhaps an hour.

Q. Did you see any portion of the military in ranks?

A. I saw no portion of them drawn up in line of battle, or anything like it; no, sir; or company front either. I think the only men I saw, were those that were without arms, walking up and down with the crowd, talking to them, and the sentinels on post over the stacked arms.

Q. They appeared to be the only ones on duty?

A. They appeared to be the only ones on duty at that time.

Q. As the militia were passing here, did they throw away their arms or ammunition?

A. Well, not that I saw, except that Major Buffington found a case filled with cartridges belonging to the Gatling guns.

At this point the committee adjourned until to-morrow morning, at ten o'clock.

PITTSBURGH, _Saturday, February 23, 1878_.

The committee met, pursuant to adjournment, at half-past ten, in the orphans' court room, Mr. Lindsey in the chair.

All the members present.

* * * * *

O. Phillips, _sworn_:

By Mr. Lindsey:

Q. State your residence and your official position in July last, and then go on and give us the facts?

A. My residence is 344 Ridge avenue, Allegheny. I was mayor of the city for the last three years, up to January, 1878.

Q. Of the city of Allegheny?

A. Yes; of the city of Allegheny.

Q. Just commence and give us a statement in your own way, chronologically--give us the facts?

A. On Thursday or Friday, the 19th or 20th of July last, I had been over in Pittsburgh during the day, and went back to my office in the afternoon, and there I found that the railroad officials of the Pennsylvania company had sent up the office for police assistance, stating that a crowd of men were interfering with the running of trains near the outer depot, and that Chief of Police Ross and ten or twelve policemen had gone down there.

Q. The outer depot of the Fort Wayne road?

A. Yes; I jumped in a horse car and went down there myself, deeming it my duty to go and see what was the trouble, and when I got to the outer depot I saw a number of men walking up and down the track, and quite a large number of men at Strawberry lane. I noticed a locomotive pass me and go down. It was interrupted or stopped by some men climbing up on the engine, and gesticulating in a threatening way, but what they said I do not know, but the engine stopped, and returned to the round-house. I went down then to where this crowd of men was, and saw it was a very large assemblage--several hundreds--and the police force were an atom, a mere drop in the bucket. Some of the men wanted to talk to me about their troubles. I told them, as mayor of the city, I had nothing to do with that. I was simply there as a representative of peace and good order, and spoke to the men, cautioning prudence, asking them if they realized the seriousness of what they were doing. I noticed that a man by the name of Robert Ammon was recognized as their ring-leader. He came up to me and introduced himself as having known me at my factory, on the South Side, and said he would like to talk to me. I stepped aside to converse with him, and while we were talking, men would come up and say: "What shall we do now, Bob?" He would say: "Stand aside, I do not want to be interrupted." He told me he had been an employé of the railroad company six weeks or two months before that, but had been discharged, and since that he had been around the country organizing Trainmen's Unions. He told me he had influence to stop these troubles; that if he had sent a telegram to Martinsburg the troubles would have been stopped. He said it was not worth while to go to the railroad men; he asked me to make a speech to the men; I told him that was not my style. The men gave me their assurance they would protect the railroad property, both day and night, and when they could not do anything further they would send to me for police. I then left my officers quietly mingling with these men, and then I went back to the mayor's office, which was on Thursday or Friday, I am not sure which, or Saturday. Word came to me that some of the supposed strikers had gone to one of the military organizations in Allegheny, and had taken thirty or forty arms, and had taken them down towards where the men were on a strike, and they expected to come up in a short time and remove the guns from Captain Bigham's armory, a company of the Nineteenth regiment. I went over there, and, assisted by the postmaster of Allegheny, and two or three of my police, we carried over thirty or forty arms and ammunition and placed them in our watch-house. A messenger came up hurriedly and said that the crowd were coming up to take these guns from me. My force were all out in the districts, and I then had the locks and bayonets taken off these muskets, so that if they got the guns they would be of no service to them. On Sunday, the day of the serious trouble, I had Knapp's battery taken out of the armory, by some of the battery men, under the command of Captain Walker, and these guns, four field pieces, were loaded with small square iron nuts. We had not any ammunition. We had blank cartridges but no balls, and I had these things loaded, and then, assisted by citizens, armed with axe handles and wagon spokes, I had gotten from one of the wagon-yards, and their old fowling pieces, and everything of the sort. They posted these guns at the Allegheny end of the bridges. I had been notified that the mob were coming over Sunday afternoon and Sunday night to burn the Allegheny shops, and release the inmates from the penitentiary. I notified the warden of that fact, and he kept his force on day and night, heavily armed, for a number of days. I selected two or three gentlemen of cool judgment and discretion, and those on horseback, and went to Pittsburgh and rode around among the rioters on this Sunday night to try and find out which bridge they proposed to come over, and then hurry back and notify me, and my intention was to concentrate all these field pieces at that bridge and stop them. I had taken the police pretty much away from the city of Allegheny and put them at the bridges, and sent squads of private citizens to patrol the streets. My force consisted of about fifty-five men. I kept the police on both day and night, until their strength was exhausted, and they could not stand it any more. On Monday I telegraphed the Secretary of War, and asked permission to draw five hundred muskets from the arsenal. That permission was granted, and I sent out two wagons, guarded by twenty-five or thirty veteran soldiers, and they went and brought me the guns. I called a special meeting of councils on that same day, and asked permission to increase the police force, which permission was granted me. I swore in a hundred special policemen, and armed them with maces. A hundred of those veteran soldiers were armed with Springfield muskets, and we made our own ammunition and cartridges, with either five or six buckshot. A hundred veterans were in reserve in the armory, to come out along with the citizens at ten taps of the big bell. The employés sent me word there were so many tramps coming over that they could not protect railroad property, and asked for police assistance, and I detailed a squad of policemen, and guarded all the crossings from Irwin avenue to Strawberry lane, and kept the crowd back. There was a meeting of these railroad employés in Allegheny, to which they asked me to attend. I was very kindly treated by them, and quite a number of them would come to my office and confer with me. I received a communication from the railroad officials, Mr. Thaw, General McCollough, indorsed by Mr. Quay and Mr. Latta, and asked me to close the liquor saloons. I requested the chief and one or two officers to go around and close them, and they did. I do not know whether I had the power, but I thought the emergency required it should be done, and I ordered them closed, and I sent officers to see that they were kept closed. When the Governor came through, he sent for me, and I went to see him at his car, and he asked me what protection I had, and I told him just as I have related to you, and told him I did not want any military until I was completely overpowered, and that I thought I could protect the city, and if I could not, I would call on him, and he said he would send me a thousand effective men. I had submitted to the railroad employés in Allegheny that if they would go down and bring these ten miles of stuff they had run down the road--all this stuff--to Allegheny, and take the eastern bound over to Pittsburgh, &c., I would see that their wages were paid, and then I would take the road off their hands. The railroad company had declined to receive the road until the stuff was brought back. On the day proposed to raise the blockade, I went down to the depot with thirty picked policemen, and when I got there in the dispatcher's office, there were seven or eight hundred people, or more. I stepped upon a pile of railroad ties, and ordered all the men that did not belong to the railroad to step on the other side of the railroad track. Said that they would settle their difficulties without outside assistance, and at least four of the men went on that side of the track. There were private detectives going through them, and they would ask, "Who is that man?" and they told him it was Mayor Phillips, of Allegheny. I then proposed to the men, employés of the company, to go down and bring up the first draft of cars, knowing that if we would get the first draft up, the back-bone of the trouble would be broken; and they all got up in a hurrah and got the first draft up, and then all the stuff was brought up.

Q. Then you turned it over to the railroad company?

A. Yes; the railroad company took it after the stuff had been brought up. I know little or nothing of the trouble that took place in Pittsburgh.

Q. What day was that that you brought up this stuff?

A. Several days afterwards. I cannot tell you the date. I do not exactly remember the date. On Sunday, the day of the burning, there was a committee of railroad strikers met Mr. Layng at my house, that Sunday morning, and had a conference with him, and agreed to take care of the property of the company, and they did it well and manfully.

Q. The first day you went out and met the crowd of several hundred, were they composed entirely of railroad employés?

A. No, sir; they were not. Very few appeared to be railroad men.

Q. What class of men were in the crowd?

A. Workingmen--rough-looking men--men that I did not know.

Q. After the railroad employés agreed with you that they would protect the railroad property, did they permit the crowd of roughs to remain with them?

A. No, sir; because they sent me word that the roughs were coming there, and they were apprehensive there would be trouble, and wanted policemen, and they guarded all this property, until at last they said they were tired and worn out, and asked me to protect this ten miles of property down below. I had not any authority to go outside of the city with police, but the railroad company agreed to pay, and I sent a police force ten or twelve miles down the road, and protected the property until the troubles were over.

Q. Do you know anything of the crowd trying to prevent, or making preparations to prevent, trains from coming in with soldiers on the Pittsburgh and Erie road?

A. We were notified there that none of the soldiers would be allowed to come in that way. Some of the men intimated to the effect that they would be stopped. It was in the early part of the troubles.

Q. Notified by railroad employés?

A. Some of the men notified the police, and the police told me. I do not remember exactly how. I told the men we would not have any military over there as long as we could do without them. A squad of men came up and said United States soldiers had come there, and it was contrary to the contract. I told them that that was answered simply, and that the United States Government would send their troops when, and how, and where they pleased, but I had seen the military authorities of Pittsburgh, and asked them not to send any troops to Allegheny until I called for them. I thought I could protect the city. I was assisted by the people of Allegheny all I could ask for.

Q. Under what circumstances or condition of this order would you consider yourself justifiable in calling on the Governor to send you troops?

A. Well, sir, when I went down that day, and I felt I could not control the multitude, and they attempted any threatening, I proposed to fight them. I would not give up without. I had armed the police with revolvers and maces. I had something myself, and when we could not fight, I proposed to call on the military, and not till then.

By Mr. Means:

Q. You determined to make a fight before you called on the military?

A. That is the English of it.

Q. And to head the police yourself?

A. I did, sir. I head them all the time. I thought that was my place.

Q. In case of a ... occurring in any part of the city, did you regard it as your duty to visit the point and ascertain?

A. Yes. I was up day and night for a week, and I was nearly worn out. I kept the battery in camp in the city hall yard. Kept them there day and night, and had these veteran soldiers sleep on the floor of city hall, so that we could call on them at any moment.

Q. Would you consider it your duty to have called out a posse of citizens, and to exhaust your power in that direction, before calling on the State for military aid.

A. Most decidedly. I had arranged and published hand-bills all over the city, that at ten taps of the bell the citizens of Allegheny were to come forward to protect their firesides and homes. I swore in a goodly number of them to go on duty.

Q. You did swear them in?

A. Quite a large number of them.

Q. Do you regard your authority and powers subordinate to those of the sheriff of the county--within the limits of your city, I mean?

A. No, sir. I thought I was the chief executive, and the man the people looked to.

Q. You regard yourself as superior within the limits of the city?

A. Yes, sir.

Q. Would you have allowed yourself to have been superseded by the sheriff in authority or power?

A. That is pretty hard to answer. I do not think I would. I thought I was placed there to protect the city by the people, and I would try to do that.

Q. You would do your duty as long as anybody else would?

A. That is my idea.

By Mr. Lindsey:

Q. As far as the military is concerned: if you had called for the military, you would have considered it was your duty to give general supervision and direction, within the limits of the city, in putting down the disturbance?

A. I would have done all I could. I would have assisted the military all in my power.

Q. You regard the military subordinate to the civil authorities?

A. I think so; yes, sir.

Q. Did Robert Ammon tell you how many lodges of Trainmen's Unions he had established?

A. I do not remember the number, sir, but he said a goodly number?

Q. Did he tell you on what roads he had established them?

A. He told me he had been on different roads. Eastern and western roads, if I remember rightly.

Q. Did he tell you the object of that Union?

A. As I gathered, it was to see about regulating the wages--to control--to compel--that is the substance of it. A very hurried conversation we had, and a good deal of excitement at the time.