56

on North street was just the same as is in front of the newspa-
per offices when the people are waiting for news. The Sheriff
had sworn in about sixty men when he was arrested; they
were ordered to keep quiet, and told that they were to pro-
tect the headquarters of the new Commissioners; they went
up in squads of fonr or five at a time. Marshall Carmi-
chael said he had orders to clear the Court house; there was
a crowd of one hundred or more on the stairway and pas-
sages. The old police ordered everybody out of the Court
house; there was no confusion until the old police ordered
them out; witness had an order from the new Commissioners
to sign from Sheriff Thomson, to summon 2,000 men as
posse comitatus to protect their rooms; the Commissioners
afterwards said 100 were enough; the Sheriff selected the
men from those whom witness summoned; Mr. Amos and
himself summoned them; did not know any political test in
selecting them; a good many of them he judged would like
to become police officers.

Cross-examined—The Police Commissioners were preparing
to attend to business in their office; there was no violent or
riotous conduct among the men in the Sheriff's office; there
was no riotous demonstration at the office of the Police Com-
missioners; saw nobody struck.

William Fuller sworn—Had a note from Mr. Maund to come
up to the Criminal Court; was sworn before the Judge. This
witness then repeated the testimony given by him in the Cri-
minal Court on Saturday last. Mr. Valiant said he was going
to ask in a civil way of Messrs. Hindes and Wood to deliver
up, then, if they did not he would take it by a posse comitatus;
witness told him he had better consult Mrs. Valiant, Mr. Val-
iant said he had already consulted Mrs. Valiant and she had
advised not to take the office.

Cross-examined.—Received a note from Mr. Maund, earn-
estly requesting him to call on him; did not report the con-
versation with Valiant to Mr. Maund or the Police Commis-
sioners; received afterwards a second note; witness was not a
volunteer in the oase; never spoke of Mr. Young as having
said anything to him on the subject; Mr. Valiant used the
word "we" in conversing with witness.

By Judge Bartol.—Mr. Valiant said to him, we would go
down to the old commissioners' office, and, if necessary, have
a posse comitatus and put them out; I mentioned the word
mandamus. Mr. V. said; "We want no mandamus; if the
posse cannot put them out, then we have the Government
forces."

Thomas Sewell Ball sworn.—Was present when the con-
versation took place between Mr. Valiant and Mr. Fuller, on
Friday afternoon. (This witness then repeated the conversa-
tion as testified to by Mr. Fuller.) Mr. Valiant said he was
sorry he was appointed, but as long as he was appointed, he