62

three men, and was insulted by some men at the entrance
with white ribbons, who said: "There go the played out
sons of bitches;" then went for forty men, who were ordered
to clear the court house; the steps leading to the Sheriff's of-
fice were filled with a very disorderly crowd, and witness
had to climb up by the banisters; the police were orderly; did
not see any billies, or hear them use any foul language; saw
Swearer there; did not see him doing anything; saw several
men with white ribbons around the court house; all the police
tried to get up the stairs; Marshal Carmichael ordered them
to clear the court house.

Cross-examined.—The disorder consisted in making a noise;
the men did not strike at the police; did not see any one
thrown down stairs by the police; there might have been
some thrown down and witness might not have seen them;
witness did not go into the Sheriff's office.

Officer James H. Lamden sworn.—Was stationed at the
Police Commissioners' office on Saturdayj at the fence; the
new Commissioners came down there twice, and the second
time Swearer and three men with white ribbons, at the head
of a crowd, came around through Orange street, and took a
stand on the pavement, in front of the building; they were
hurrahing for Johnson and Swann, and very noisy; Swearer
kept the gangway clear from the hack of the new Commis-
sioners to the gate as well as he could.

Cross-examined.—About thirty men were stationed at the
fence, and others were back in the yard; witness had been
there for some time before the Commissioners came. There
were special police there at the, second visit of the Police
Commissioners.

Officer Ramsey sworn.—Was one of the squad which went
to the court house under orders to clear it; the place was
crowded, and a good deal of difficulty was had in getting
them out; saw no billies used; did not go into the Sheriff's
office.

The counsel then deciding to argue the case, a discussion
arose as to which side was entitled to open and close the ar-
gument the court deciding that the right rested with peti-
tioners.

The court then adjourned until next morning at ten o'clock,
and the Commissioners and Sheriff, being in the custody of
the court, were permitted to go to their homes until morning,
when it was required for them to be present at the court
room,

ARGUMENT OF MR. LATROBE.

John H. B. Latrobe, Esq., opened the argument on behalf
of the petitioners. He stated that he would be followed by