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room, where the Commissioners qualified; then we went to
the office of the Board of Police Commissioners, on Holliday
street; at the gate they were met by-Deputy Marshal Manly;
being unable to get in, they went to the Mayor's office, but
failed to get in there; this occurred between 3 and 4 o'clock,
on Friday; there was quite a crowd on the pavement—among
them several policemen, and a number of the latter were in
the front yard attached to the Commissioners' building.

Benjamin Swearer sworn.—Witness was at the Sheriff's
office on Saturday when the arrest took place; the police came
rushing up stairs with clubs and billies, saying "Get out of
here, you s—s of b—s;" witness thought he was going to get
"some;" all had been quiet until the police came; witness
had been a police officer, but resigned on Monday, when he
was told he had better do so by Captain Lynch.

Cross-examined.—Witness had not been on duty for sev-
eral weeks, having been sick; witness had been at the new
Commissioners' before he went to the Sheriff's; went with
some ten others to the Sheriff's to have them sworn in; about
11 A. M. went to the new Commissioners' office; had been,
earlier in the day, at Mr. Schley's office, where the Commis-
sioners were in consultation, where he helped to keep the
crowd out; about half-past 9 o'clock first went to see the new
Commissioners, and had some- conversation with them.

John Thompson sworn.—Witness swore the most of the
posse in on Saturday las; is a Deputy Sheriff; was present
when the police burst into the office in a most riotous manner,
with deadly weapons; everything had previously been per-
fectly quiet. [The oath administered by the Sheriff to those
sworn in, was produced and read.]

Cross-examined.—Is a brother of the Sheriff, and has been
a Deputy since his brother has been in office; witness was a
candidate for the Legislature at the late election, and is
under the impression that he was elected; witness passed upon
the characters of those sworn in as the posse, and would have
rejected any one whom he considered unfit, does not recollect
whether he swore in John Reese; the time occupied in the
swearing was about three-quarters of an hour, some fifty or
sixty having been sworn; the approach to the Sheriff's office
was blocked up by men waiting to be sworn, but there was'nt
the slightest disturbance until the police came with billies
uplifted.

The petitioners announced their testimony as closed.

MORE TESTIMONY FOR RESPONDENTS.

The respondent then offered the following additional testi-
mony :

Sergeant Hand sworn.—Was one of the police force which
went to the court house on Saturday last; first went with