58

the warrants in his official capacity; he asked the Court to
issue warrants for Messrs. Young and Valiant; the court or-
dered them to give bail to keep the peace; there was no effort
made by them to examine witnesses in their behalf; the par-
ties declined to give the bail.

Cross-examined.—Witness made no affidavit in the case;
the Judge was on the bench; saw no actual evidence; in his
judgment, the act of swearing in men by the Sheriff was an
unlawful assemblage. Mr. Maund then related the circum-
stances under which the warrants for the arrest of Messrs.
Young and Valiant were issued.

Robert E. Eccleston sworn.—Is a policeman; was at the
Western station on Saturday morning; saw two men on the
street with white ribbons; one was named James Rhodes, and
both were intoxicated; spoke to James Rhodes, he was for-
merly on our force; did'nt know the other; witness was not
at the court house that day; thinks he saw these men about
the middle of the day.

Mr. Stirling presented a copy of the Baltimore American,
of Monday, 5th of November, containing an order from the
new board of police commissioners to the marshals and police
force, to refrain from obeying any other board, &c., and ask-
ed to have the same admitted as testimony.

Thos. H. Carmichael sworn.—Is marshal of the police
force of Baltimore; was in the court house on Saturday, 3d
November, in the exercise of his duty, with forty officers, and
cleared the court house out, and selected some good officers,
placed them at the doors with orders to let no one in unles on
business; the court house was packed with people; it was im-
possible to pass through the crowd without pushing; didn't
remain long in the court house; great crowds were on Balti-
more street at that time, the largest crowd witness ever saw
in the square was on that day; has seen larger crowds at
mass meetings there; the crowd on Baltimore street extended
from Frederick to Light street; Holliday street was also
greatly crowded; had a large police force on these streets,
every available man being sent there; the crowd was pushing
around, and appeared considerably excited; on North street
the crowd was very great, extending from Baltimore to Fay-
ette street; sent no officers into the Criminal Court; saw no
one knocked down in the rotunda of the court house; saw no
one draw a pistol there.

A discussion arose between counsel as to the admissibility
of evidence; by the witness in relation to his knowledge of
certain arms in South Charles street, and his action in refer-
ence thereto, on Monday, the 5th November, 1866.

The court ruled the testimony inadmissible.

Examination resumed.—Witness saw persons loading mus-
kets on the 5th instant.

Cross-examination.—Does not know the hour that witness