Class _EI^4£L_. '7^ GopyiiglitN?. COFlfKIGilT DSPOSZK / R E P O R T <> 1 'V H i. JOINT SPEOIAL COMMITTEE APPOINTED TO INVESTIGATE THE LATE INSUEEECTION IN T n K OITY OF VIOKSBURG, WARREN COUNTY. PRINTED BY AUTHORITY, JACKSON, MISS.: Pll.DT IHT«T.1STT1NG COMPANY, «TATE PIITNTKR*>. .1875, ' V4 1'/ 6 REPORT OF THE JOINT SPECIAL COMMITTEE. Mr Speaker — Your Joint Special Committee, appointed under a joint res- olution providing for the appointment of a committee to in- vestigate the late insurrection in Warren count}', and also the alleged frauds, forgeries, embezzlements, etc., of officials and ex-officials of said countj^ hereby respectfully submit the fol- lowing: In accordance with the instructions in the resolution, your committee proceeded to Vicksburg and commenced by taking the testimony of witnesses upon what was alleged to have been the primary causes for all the troubles in that county, viz.: 1st. The forgeries and malfeasance of the officials; 2d. The insufficiency of the bond of Peter Crosby, as Sheriff' and Tax Collector; 3d. The probability of collusion and conspira- cy between Crosby and the officials and ex-officials under in- dictment to the end that they— the indicted officials— should escape punishment for their crimes, and the ends of justice be defeated by the Sheriff packing the petit juries that were to sit in judgment upon their cases. As to the lirst of the above charges, 3-our committee elicited from several witnesses a large amount of testimony which will be found immediatel}' following this report, as an appendix thereto. It was also ascertained that all the officials and ex- officials against whom charges of forgeries and malfeasance had been made were, at the time 3'our committee commenced its investigation, and had been for some time previous to the date of the insurrection in said county, under indictment by the Grand Jur3\ The courts had full and complete power to punish, if found guilty. The parties had been duly and promptly arrested, were under good bonds for their appear- ance when called upon, and the objects and injunctions of the laws carried out to the fullest extent. The Grand Jury that had their cases under consideration, a large majority of whom were colored, according to the evidence, almost unanimously voted in the affirmative for indictment. Nothing was presented In evidence which goes to show than any effort was made by parties in power, in any manner whatever, to shield or protect the officials charged with crimes. Therefore, this certainly could not be considered as a reasonable cause or excuse for an outbreak. The evidence taken by the Committee, in relation to the charges against the officials, is ex-partCy and for that reason, as well as for the one that persons should not be considered guilty until proven so in the Courts; also that it would be prejudicing and prejudging their case should 3'our Committee pass upon the evidence; that prevents 3-our Committee from commenting upon the matter except so far as to their acts being precedent causes for subsequent violation of law by some of the citizens of the county of Warren, and city of Vicksburg. As to the insuificiencv ut* the bond oi' the Sheritl, \oui- Committee was unable to glean much authentic information, A certified copy of the Sheriff and Tax Collector's bond is herewith submitted. Even thou2:h the bonds were not worth one dollar as seen- rities, which has never been charged, legal and peaceful means are provided in the statutes of our State for compelling a rectification. [See Code, section :U5.] The legal means "seems never to liave been resorted to until after the Sheriff ]iad been compelled to resign by an armed body of men. It is stated, in evidence, that the Board of Supervisors had been called upon at various times, to assemble to take into con- sideration the iusuOiciency of Crosby's bond, and that a dis- position was manifested to evade their duty in that respect. Even if such was the case, and your Committee do not believe it to be borne out b\'' the evidence, there was another mode prescribed b}- the statutes, which seems not to have been taken advantage of until after mob violence had succeeded in ousting the officials, which was by seeking the aid and inter- position of a court of. chancerv, b}" injunction; therefore, the insutiicienc}- of the bond of Crosby as a precedent cause, does seem to your Committee to have been unreasonable. As to the third, viz.: The suspicion of a collusion or a conspiracy betveen Crosby, the Sheriff, and the indicted officials, we have but to say, that alter a careful examina- tion, we arc led to the presumption that it was merely an invention to be used as an adjunct to a political plot to obtain possession of the county offices, which your Committee believe to be the underlying cause of all of the trouble in the county of Warren, and which it is believed will be apparent b}' a careful perusal of the evidence. Noth- ing is shown to warrant the suspicion that a conspirac}^ ex- isted between Crosby and the officials under indictment, and he might have as reasonably been suspected of an intended violation of law in any other respect, merely because he had the power so to do. It is not right nor just to suspect an in- dividual of the desire or intention to commit a murder or any other crime, merely because he has the ability. Your Committee have received the fore«oin£c as the causes of the troubles in the cit}' of Vicksburg, from the testimony of various persons who presented themselves for examination. A request was made by the Committee, through its Chairman, of a gentleman who was designated as the President of the Tax-Pa3^ers' League (so called), under whose auspices the demand upon the officials to resign was made, that the names of fifteen witnesses to present the Tax-Payers' grievances and causes that led to the disturbances; which request was refused. The renson.> given -''n mp shown iu tln' correspondence print':?d 6 with the testimony — (see correspondence). F^r this reason, thef Committee were compelled to rely upon witnesses who pre- sented themselves. The foregoing are the alleged causes for the subsequent action of the Tax-Pa3^ers' League and their allies, which was as follows : Upon the second day of Decem- ber, 1874, a meeting was held' at the Opera House, in the city of Vicksburg; a committee was appointed by that meeting to investigate and report whether or not all legal means had been exhausted in reference to the offending officials. That com- mittee brought in two reports, one a majorit}^ report, and the other a minority report. The majority report informed the meeting that all legal means had not been exhausted. The minority report, on the contrary, was of the opinion that all legal means had been exhausted. The minority report was adopted, and the meeting immediately resolved to appoint a committee whose duty it should be to wait upon the Sheriff, Chancer}' Clerk, Treasurer, Coroner, and Justice of the Peace — all colored — and demand their immediate resignations. The committee was appointed, and proceeded to the Court-house, and there made the demand of the Sheriff and Chancery Clerk, which demand was refused. The committee then returned and reported to the meeting that the demand had been refused; whereupon, the meeting, which was composed of from three to four hundred men, repaired, in a body, to the Court-house, and demanded the resignation of the Sheriff, who was the only officer found — the rest having fled. Violence was insinuated — if not openl}^ avowed, it was threatened — if the demand to resign was not instantly com- plied with. To save his life, the Sheriff acceded to the de- mand. The Chancery Clerk, Davenport, made his escape, and left the city. The mob — for such it must be called, for they were acting under no authority of law — then and there appointed one John D. Beaird, from among their number, to take charge of the Court-house, jail, and all county property. Said Beaird did take possession of the same. Such was the condition of affairs on December 2, 1874. The Sheriff forced to resign, and one appointed of the mob in possession of the county propert}^ — no effort having been made to enjoin from collecting the taxes — and the Chancery Clerk and Coroner compelled to flee from the city. < Crosby left the cit}^ and proceeded to Jackson, and after advising with sonie friends, concluded to return to Warren county and re-assume possession of his office. He attempted to do so, on Friday, December 4:th, whenan alarm was sounded from the tower of the Court-house, and the city was again thrown into a state of excitement. Men moved from their homes and places of business with their guns to the Court- house, but when they arrived they found that Crosby had gone. A feeling of great excitement seems to have prevailed among the citizens of Vicksburg, which evidently extended only to the white citizens of Vicksburg; as it appears from the evidence, that the colored citizens of Vicksburg remained at their homes, and were not engaged in any turbulent trans- actions whatever. On Saturday, the 5th of December, a card appeared and was circulated through the city of Vicksburg and Warren count}^ signed by Crosby, calling upon all Repub- licans and good citizens to assist him in regaining possession of the Sheriff's office, from which he had been ousted by force. This card was read in several of the county churches, and information was conveyed to the people in the county that it was their Sheriff's desire and order that the}^ should come as a posse comitatus to the city and assist him to regain his office. Under the instructions then given, about five hundred men, women and children, repaired, by various roads, in the direction of the city of Vicksburg. A portion only of the number were armed, and those arms were of the poorest quality. It is not shown by the evidence, that it was the intention of this number to commit any act of violence against the citizens of Vicksburg, but that their object was but to assist the Sheriff in regaining possession of his office. Some were even ignorant of what was desired of them, and only knew that the Sheriff had ordered them, and believed they were compelled to obey the orders of the Sheriff. The first squad that approached the town seems to have approached by what is known as the Grove street road. Their approach was noticed from the tower of the Court-house, when an armed force proceeded to meet them outside of the city limits. After some parleying and consultation between one Andrew Owc-ns, the leader, :md Pclor Ciu.Tby, iht; Sherill", thev were returning to their homes and had proceeded about a niilo. when thc}^ were fired upon by the armed white men. From that time desultory firing commenced: whiclt iseems to have been almost exclusively confined to the whites. The colored people broke and run in various directions, and were followed closel}'^ by the whites, who succeeded in killing three; the number of wounded is not known. The weight of the evidence. goes to show, in fact, nearly ever\' witness examined on the matter, testifies that the colored men were returning peaceably toward their homes when fired upon. No preconcerted intention to fight even in self-defense seems to have been fixed upon by them, as barely a faint show of re- sistance was presented when they were attacked ; and the stampede which followed was probably as much caused by surprise and astonishment at the action of the whites as through fear. This fight (if such an affair can be called by that name, where one side is intent on doing all the killing^ and the other side upon clearing space), was the signal for a general attack upon th(i colored ])eo).>lo wherever found in squads. At a place known as •' Tiie Shirley House," where a iiumber of colored men had taken refuge, the doors were forced open, the house broken into, and the loss of eleven lives on the colored side was the result. One white man was killed. One. instance of killing will be given iiere to show the ex treme desire for blood by some of the persons engaged in the fight (who it u said were defending theik homes and theih FiiiESiDES FROM INVASION), taken from the testimony of one witness, and corroborated by others, and never denied by any: In tliG suburbs of the city of Vicksburo-, lived a half-witted old colored man, named Tom. Bltterman, or Bedderman, who obtained a livelihood by fishing and hunting. His gun to him was what tools are to a mechanic — a library to a lawyer, or instruments to a surgeon. On the night of the 8th December, a body of men rode up to his house, hollowed to him to come to the door, which he did ; they then asked him if there were any guns inside? when lie nnswered, there was a gun. whiph was his property. 9 A demand was then made for it, which he unwittingly re- fused, saying it was his propert}"; whereupon, his body was immediately pierced with bullets. The gun was then taken from the peg on which it hung, as a troph}^ of the victory. From the testimony of Ann Toles, on page 195, it will be seen that men were taken from the road and murdered, and their bodies left unburied for days — the whites seeming to have no inclination to bury them, while the colored people were afraid to give their relatives and friends Christian sep- ulture. From the testimony of Sarah Jane Green, on page 200, it will be seen that the murderers were robbers as well, and con- fiscated to their own use such property as their victims had about them at the time of their deaths. On page 230 the testimony of Col. A. T. Morgan, Sheriff of Yazoo county, is given in regard to the delivery of A. C. Mack to persons from Warren county. Col. Morgan had opportu- nity to know all about this case up to the time the Warren county officers left with the prisoner. Days afterward Colonel Morgan was notified that the body of A. C. Mack Avas lying unburied in Yazoo count3\ On some pretense his guard had " Coushattoed " him before they got him into War- ren county. Right here we call attention to the remarkable fact that nearly all the persons murdered were left unburied, and in some cases threats were made against any who should dare to hnry them. Such conduct from Modocs, or " other savages," would not be remarkable, and is only surprising here that "other savages" should have a peaceful residence in the midst of a Christian people. The evidence which follows this report shows some horrible and disgust-inspiring facts. Wives relating the loss of their husbands, who were killed days after the so-called fight at Vicksburg — miles away from that town-— taken by an armed force while quietl}^ attending to their business, and shot down and their throats cut to inspire fear in the minds of their neighbors. See pages 191-196. The testimon}' is replete with statements of deeds committed by organized bands of what are known as White Leaguers that rival in their horror-inspiring power the accounts of the depre- dations of the Comanche or Apache Indians. Some of these, In— 2 10 of course, must be taken with caution, but enough facts are clearly shown to bear out the above statement. Your Committee have come to the following conclusions: First — That the people of Warren county had some cause for dissatisfaction on account of the action of some of the county officials. Second — That the acts of some of the officials formed no jus- tification whatever for the action of the Tax-Pa3^ers' League of the city of Vicksburg, which was not indorsed by the good and law-abiding citizens of that municipality, and which was brought about by the turbulent demonstrations of a few men, some of whom pay no taxes whatever. Third — That there is an armed military organization in the count}^ of Warren, not authorized by law, composed wholly of white men, whose direct purpose it is to intimidate Kepublican voters in order to control elections. Fourth — That various acts of violence and murder have been committed by the aforesaid armed militar}^ organizations calculated to intimidate the colored people, and prevent them fL'om taking any part in public affairs. Fifth — That unless some steps are taken by the Legislature of this State, or by the general government, to secure to every citizen his right of suffrage, and to ^protect and assist the officers in the performance of their duties, all the laws for the punishment of criminals might as well be erased from the statute books. Therefore, we recommend the Legislature to take such action, authorized by the Constitution, as will best protect the citizen in his right of suffrage, and throw safeguards around his life and libert}^ and that the chief Executive of the State be given the necessary powers to enforce the laws where vio- lated and set at defiance in any locality within the bounds of State. Respectfull}^ M. B. Sullivan, N. G. Gill, Charles Caldwell, James D. Cessok. MINORITY REPORT. The undersigned members of the Committee appointed to in- vestigate affairs in Vicksburg and Warren county, having been informed by the members of the Committee preparing the ma- jority report, that two reports were inevitable, could only infer that the report of the majority was to be strictly partisan, and prepared for political effect . Without knowing what the report contains, we ask the permission of submitting our views, as briefly as the subject will permit. In opening the investiga- tion, the citizens of Vicksburg asked the privilege of being represented by counsel, which was refused. The undersigned did not consider the request to mean that such counsel, if ad- mitted, were to take any part whatever, in the proceedings, ex- cept to make suggestions to individual members of our Com- mittee, that the cross-examinations might be so conducted as to bring out all the facts in the case. We, therefore, proposed that such party to the troubles should have the liberty of having two persons with the Committee, at all times. This proposition was rejected. This, together with the more important fact that your Committee was appointed by a Legis- lature which had rendered its verdict in advance, and had per- sisted in pronouncing the people of Vicksburg in insurrection, without a hearing, caused the citizens almost entirely to ignore your Committee. The only exception to this, was in the case of three or four witnesses summoned at the request of Dr. Quinn to rebut the testimony of one William Scott, who had sworn to some very improbable things concerning Dr. Quinn's conduct on the 7th of December. The witnesses alluded to satisfied us full3% and w^e think— the whole Committee— that Scott's testimony was false. We first investigated the charges of fraud and corruption on 12 the part of officials. We found the evidence in these cases overwhelming and astounding. Our examinations in this respect were confined to the offices of Circuit and Chancery Clerk. The former office had been held by T. W. Cardozo, and afterward by A. W. Dorsey. The evidence against T. W. Cardozo, present State Superin- tendent of Public Education, is conclusive as to fraud, forgery and embezzlement. He appeared before the Committee as a witness in his own behalf, and had there been no other testi- monj^ his own would have convicted him. Dorsey and Daven- port do not seem to have been such adepts in crime as Car- dozo, but fully his equal in their total disregard of legal or moral restraints. Davenport's bond had been found in his own possession, but never recorded. Crosb3"'s bond, as Sheriff, contained neither amount nor date, nor was it approved by the Chancery Clerk, as required by law. His bond as Tax Col- lector was not dated or approved by the Clerk. The law re- quires that sureties on Tax Collectors' bonds should be examined b}' the Clerk approving the bond. This requirement was disregarded, and many of the sureties made affidavits before Justices of the Peace in difierent parts of the State. The tax-pa^^ers of Warren count}^ demanded that Crosby should make a good bond or resign, which they had a perfect right to do. Crosby did resign, but afterwards tried to regain his office by force, for which purpose the county negroes were ordered or requested to go to Vicksburg, on the 7th of December. In re- pelling this armed mob, and protecting their homes and their property, the people of Vicksburg were declared to be in insur- rection. They could not have done less without surrendering every principle of manhood. There is not a cit}' in America that would have submitted quietly to such an invasion. The testimony shows that fourteen negroes and one white man were killed in and around Vicksburg, on the 7th of December. One white and five or six negroes were killed afterwards. There were doubtless individual cases of violence in this as in all other distur])ances, which no one will fail to condemn, but the conduct of the people of the city in general was right. R. H. Allen, W. A. Champlain, H. M. Street. PROCEEDINGS OF MEETINGS OF THE SPECIAL COMMITTEE TO INVESTIGATE THE LATE INSURRECTION IN WARREN COUNTY, ETC. FIRST DAY. ViCKSBURG, Miss., December 28, 1874. Oa motion of Mr. Sullivan, it was agreed that the Chairman should confer with leading members of both parties, with a view to having fifteen witnesses, representing each side, sum- moned for examination, by the Committee. Motion to reconsider and lay motion to reconsider on the table prevailed. Oa motion of Mr. Sullivan, it was agreed that none but wit- nesses under examination should be admitted to the Commit- tee room. On motion of Senator Oaldwell, it was agreed that the rules laid down in Barclay's Digest should govern the deliberations of the Committee. On motion of Senator Caldwell, the motion to reconsider and lay the motion to reconsider on the table prevailed. On motion of Mr. Champlin, the Sergean tat Arms was authorized to employ one or more assistants, if necessary, to assist him in his duties. On motion, it was agreed that the meetings of the Commit- tee be fixed to begin at 9 o'clock a. m., and at 2:30 o'clock p. m., daily. On motion of Senator Allen, the Committee adjourned until 9 o'clock to-morrow, December 29, 1874. In— 3 14 SECOND DAY. ViCKSBDRQ, Miss., December 29, 1874. Committee met pursuant to adjournment. Present— Messrs. Little, Caldwell, and Allen, of the Senate, and Messrs. Sullivan, Cessor, Champlin, and Gill of the House. On motion of Mr. Champlin, the Chairman was authorized to employ a stenographer for the use of the Committee in taking testimony. Subpoena issued for A. H. Arthur. On motion of Mr. Sullivan, Committee adjourned until 2 ;30 o'clock. AFTERNOON SESSION. At 2:30 o^clock, the Committee met pursuant to adjourn- ment. All the members present. Judge A. H. Arthur appeared before the Committee, and stated that he was engaged b}^ a committee composed of two members of the Board of Supervisors, appointed by that Board, to assist them in examining the records in county offices; that said committee had not finished its labors, and had made no final report to the Board of Supervisors. On motion of Mr. Gill, the committee agreed to visit the Chancery Clerk's office to examine the official bonds of Messrs. Peter Crosby and G. W. Davenport. On motion of Mr. Champlin, the chairman was authorized to procure a transcript of the bond of the Sheriff and Tax Collector of Warren county, together with the order of the Board of Supervisors accepting the same. Senator Allen moved that Judge Arthur be requested to bring before the committee the records of the Circuit Clerk's office, which are charged with irregularities. Mr. Gill moved to table the motion of Senator Allen. Carried. On motion of Mr. Sullivan, the Chairman was authorized to obtain a certified copy of the Chancery Clerk's bond. On motion of Mr. Street, the committee adjourned until to- morrow, Wednesday, at 10 o'clock. , THIRD DAY. ViCKSBURG, December 30, 1874. The committee met pursuant to adjournment. Present — Messrs. Little, Caldwell and Allen of the Senate, Messrs. Sullivan, Gill, Cessor and Street of the House. 15 LUKE LEA Being called as a witness, and duly sworn by. the Chairman, eays: Testimony in chief. B3'' Mr. Sullivan : Question. You are the District Attornej"? Answer. Yes. Q. Do you know anything in regard to the alleged criminal actions of the officials of this countj^? A. All my information is mostl}' derived from information received before the Grand Jury, upon which they found bills of indictment against those officers, or ex-officers. Q» Do 3^ou know anything about the bonds of those officials? Have you ever investigated or examined as to that? A. No, sir; I have not. I may state that I saw Crosby's bond for the first time a few minutes ago. Q. Were you present at this meeting of citiaens at the theater on the second of December? A. No, sir; I was not. I have not attended any meetings at all, lately. Q. Were you in the Court-hoMse on the day when Judge Brown made the statement to the Governor that the court- house was obstructed ? A. There seems to have been some misunderstanding as to the day that Judge Brown has reference to in his communica- tion to the Governor. I understand from him that he refers to the proceedings on Wednesday, the da}^ the people came up here and required Crosby to resign. The facts in regard to that are, that the court had adjourned from the day previous in the midst of a jur}^ trial. The court had adjourned for the purpose of going on with the argument in the case. When the court opened, one of the jurors was missing. Upon in- quiry as to what had become of him, it was ascertained that he had got on a boat and had gone up the Yazoo river. Then, after transacting some other little business, there being no other criminal business before it, the court adjourned about twelve o'clock, or at an early hour, until Thursday. At that time we did not know what the meeting down town had done. It was in the afternoon before Vo-Qy made their appearance in the Court-house; so that the court on that day was not in ses- sion when the mob, or whatever it was, came up here. I do not consider them anything else except a mob in a legal point of view. I think it had very much the appearance of a law- less assemblage when tliey come and compel an officer to re- sign, to sa}^ the least of it; but the court was not in session when they came up here on that day. The judge had left, and I had left the Court-house at that time. I had some business in the afternoon in the Clerk's office, and returned. Q. Have you any reason to believe* that there was any collu- 16 sion between Crosby, the Sheriff, and the parties under indict- ment? A. I have no knowledge at all about that. There were cer- tain circumstances that were nither suspicious; but it did not amount to aii}^ evidence. It was a mere matter of suspicion. There is no fact in my knowledge that would justif}" such a belief. The parties were known as intimate friends, and it was understood that thcv had taken a very active part in assisting Crosby in getting bond, and I suppose there was that sort of relationship existing between them, as there naturally would be under the circumstances ; but as to any evidence as to any act of collusion, I know of none. Q. Did Crosb}' have any legal right to summon a posse comi- tatus from among the citizens? A. That is a legal question. I do not think he had, in the way he did. The law is, that when a process is resisted, or when he discovers a mob, that the Sheriff shall go and sum- mon, in person, a posse. BufI do not think that the law con- templates that a man may send circulars about in the countr}'', telling the people to sustain him. Q. Is it not known that Crosby himself went in the country? A. Tliat was understood. Q There have been charges made against these officials — a Chancery Clerk and ex-Circuit Clerk, now State Superintendent of Public Education. Do you know anything about the ground upon which those charges were made? A. Yes; I know the eviJence upon which the Grand Jury acted in finding the indictment. I was not in the State when the affidavits were made against them originall3^ ; I was in Tennessee. By Mr. Cessor: Q. You say you did not think the Sheriff had the right to summons a, posse in the manner in which he did. If it was impossible for the Sheriff to summons in person, has he not the riglit to summons through others? A. He has the right to summon by deputies; the Sheriff can only summon m person or by deputies. But, I don't think he has the right to send circulars around to tell people to come and put him in office, for instance. Being here myself, I could see what would be the result of it; any man could. I regretted it, and did so on account of the men who were killed; because I think ever}^ man who was killed, was killed as an innocent man. I think tiie country people brought in here, thought they were doing nothing wrong. I believe every one of them thought they were doing just exactly what was right ? By Mr. Sullivan : Q. You don't think it was an armed mob of infuriated negroes coming in forre^•^nge ? A. No; I don't think so. There may have been some of 17 them who thought they were going to have a frolic: but, I think, the mass of them came here simply to reinstate Crosby. I have seen nothing to justify me in believing otherwise. Q. Have you seen or heard anything of that kind ? A. No; nothing except rumors. I know nothing about it myself. I was not particularly in the confidence of eitiier party here. I cannot say that I approved of what was done on either side. I will state that I did not know, until Monday morning, that the colored people were coming into town. If I had known it the night before, I am perfectly satisfied that I could have prevented it; but it was not until breakfast time on Monday that I knew it. Then I went out to persuade them to turn back. I rode out a mile and a half I am satisfied that if I had come in communication with them before any fighting had occurred, that I could have prevented it. By Ml. Street: Q. What officials have been indicted, and upon what charges? A. I have the indictment here in this bundle of papers. T. W. Cardozo is indicted for forgery and for embezzlement. There are seven indictments against him, and one or two are of more than one count. Under the law, while acting as Circuit Clerk, it is his duty to collect certain taxes, which are in arrears on lands sold to the State and redeemed. It was ascer- tained that he had collected something in the neighborhood of two thousand dollars on this account. This mo'ney, this re- demption money, or land purchase money, under the Act, be-- longs to the school fund, and it was his duty, under the law, to make monthly reports to the Auditor, of his collections. He failed to do that, almost entirely, and never made any prompt accounts to the Auditor. The. Auditor was before the Grand Jury, and testified to the facts. It was very much on the tes- timony of the Auditor that the bills were found against Car- dozo. A. W. Dorsey, his successor in office, was also indicted for embezzling the same funds. He collected some eighteen hundred dollars in the same wa^', and never accountecf for a cent; never pretended to make any report. Then Cardozo was indicted for forging warrants— issuing them falsely. There were three cases, I remember, where he issued certifi- cates in favor of three well-known citizens of this town, all more or less educated, and writing good hands, one of them being a book-keeper, writing a splendid hand, and these war- rants were endorsed in the hand-writing of Cardozo, as having been endorsed by the parties making their cross marks. [At this stage of the proceedings, the following communi- cation was received by the Committee:] 18 COMMUNICATION FROM CITIZENS. To the Hons. F. H. Little, R. H. Allen, Charles Caldwell^ M. B. Sullivan, J. D. Cessor, H. M. Street, W. A, Cham-idin and N. G. Gill, members of the Committee ap- pointed by the Legislature oj Mississippi, to investigate the recent troubles in Warren county: Gentlemen — In accordance with the request of a meeting of the citizens of Vicksburg, and as a committee appointed by that meeting, we respectfully demand of your honorable Com- mittee that, during the investigation now pending before you, the white citizens and tax-payers of this city and county, be granted the right to appear, by counsel, to confront their ac- cusers, and cross-examine all witnesses who maj- testify against them. G. Gordon Adam, E. D. Clark, L. W. Magruder, T. C. Catchings, U. M. Young, Warren Cowan. Vicksburg, Miss., Dec. 30, 1874. The committee of citizens were allowed to enter and ver- bally urge their request. The committee of citizens then with- drew, whereupon the following reply was given in writing: REPLY to the committee OF CITIZENS. Col. G. Gordon Adam, a7id others, Committee on the pari of cit- izens of Vicksburg: Gentlemen — I am directed hy the Joint Committee of the Legislature of Mississippi, appointed to investigate the late insurrection, and also the alleged frauds, corruptions, embez- zlements and forgeries of officials in Vicksburg and Warren county, and all other matters and acts pertaining thereto, now in session at the Court-house, to acknowledge the receipt of your demand of this date, " that during the investigation now pending, the white citizens and tax-pa3'ers of this cit}' and county, be granted the right to appear, by counsel, to confront their accusers, and cross-examine all witnesses who may testify against them," and to say that the Committee feel competent to make the investigation required in the resolution, and to do justice to all parties; and, therefore, respectfully decline to accede to your demand. (Signed) Finis H. Little, Chairman of Committee* Vicksburg, Dec. 30, 1874. 19 A minority of the committee sent a communication in reply, announcing themselves in favor of granting the demand. EXAMINATION OF LUKE LEA, RESUMED. Witness — I have a number of these certificates. There is a certificate issued to a man named A. LeGrand for attendance as witness, signed by Cardozo as Clerk. Upon the back of that is his certificate. It is indorsed A. LeGrand — his mark — and witnessed by Cordozo. That is in the handwriting of Cardozo. All the writing of this certificate, except the filling up here, is in the handwriting of Cardozo; the balance is in the handwritinof of his wife. •o By Mr. Sullivan: Q. Do 3'Ou kno^v this man LeGrand? A. Yes; he is a very old citizen in town here. He was before the Grand Jury, and said he was never a witness in that case; that he never appeared or applied for any witness fee, and that as far as he was concerned it was a forgery. Here are four certificates, all in the name of LeGrand, all in the handwriting of Cardozo, and indorsed in the same way — " his mark." And 31r. LeGrand writes a good hand, Here are five others of a like character, issued to J. H. Swatley. Mr. Swatley was not sworn as a witness in that case, as he testified before the Grand Jury, and he made the same statement that LeGrand made, that these certificates were not demanded by him, and that he never authorized an}' one to demand or receive them for him. Q. And he never had them in his possession? A. No; never. By Mr. Gill: Q. What is done with such certificates? A. These were paid out of the State Treasur}', and they were paid to Cardozo. He got the money on them out of the State Treasury. Here are four others, issued to a man named Gillie Smith, also an old citizen, He appeared before the Grand Jury, and testified that they were all forgeries; that he never appeared as a witness. They were all indorsed by '* his mark," written by Cardozo; and Smith writes a good hand. By Mr. Allen: Q. What was the amount of all these certificates? A. The Auditor testifies that there has been paid upon such certificates from six to seven thousand dollars in the aggregate. I have found, that in the two years that Cardozo was Clerk, he issued of these witness certificates from four to five times as man}^ as had been issued by any of his predecessors in the same period. By Mr. Sullivan: Q. Will the records show that ? 20 A. Yes ; that the number of these certificates issued by him were four or five times as great as the number issued iu the same period of time by any of his predecessors. I had heard something of that kind, and it is due to the Judge and to myself that we have no means of informing ourselves as to this; but 1 had heard that a number of these certificates had been issued, and some time last summer I called the Auditors attention to the fact that we had no means to detect the fraud, but that I thought it was the duty of the Auditor to be appre- hensive. Shortly after that I went away, and in two or three weeks I learned that the Auditor had preferred charges against Mr. Dorsey. Now, as to Dorsey, he seems to liave gone into it b}' the wholesale. Here is a batch of Dorsey's. He seems to have issued and sold to Henr}' Meyer seven hundred in one lot. These were warrants issued by him, or his deputy, a man named Perkins. Q. Have you examined to see whether the money has been received on them? A. Some of the parties are liere, living in town, and the warrants were issued for mileage. These are onl}^ a small batch of Dorsey's issues. These never went into the hands of the parties to whom they were issued. The Auditor be- came satisfied that these were all fraudulent. Q. Have these been paid b}^ the Auditor? A. No; these here were refused payment. There was gross negligence at the Auditor's office. I am astonished that there the}' did not see it sooner. Q. Who is this man, A. Anderson? A. I don't know. By Mr. Allen : Q. Cardozo has been indicted in a good many cases? A. Seven. Q. And Dorsey in how many? A. Four, I think. Q. You understand that Dorsey admits the charge? A. So I understand; I am told he has — in fact, it has been intimated to me that he would perhaps be willing to turn State's evidence; but I have made no such agreement. Q. What do you know of the bond of Peter Crosby? A. I don't know but very little: I only looked at the bond this morning. Q. Would you have considered it a good bond ? A. No; I would not. Q. Is it regular in form? A. It would be a good bond in law, as far as that is con- cerned. Q. You know the bond is without date? A. Yes. I don't think that that would vitiate it at ail. That could be proven. The difference of form would not vitiate it; but as to the security, that is another question. 21 Q. What about Davenport's bond? A. That bond could not be found two or three weeks ago. It was not among the other bonds. But since then it was found in a })rivate drawer. Q. At the time of the difficultj^, was it known that Davenport had furnished no bond? A. His bond could not be found. Q. Is it not customar}' to have such bonds recorded? A. The law requires it to be recorded. Q. Davenport was elected and took posoession of the office at what lime? A. In 1871, Q. As far as the records show, he had given no bond up to the time of the difficult}^ ? A. The records did not show any; it was not recorded, un- less it has been recorded within the last two or three days. Q. As far as the people could ascertain from the records, he had given no bond? A." That is so, sir; because it was not recorded. Mr. Dav- enport explaine'd, that his immediate predecessors should hpve recorded the bond. But, when the bond was filed, his imme- diate predecessor was not there, and it was Mr. Davenport's duty to record the bond. By Mr. Sullivan: *Q. "Was it not a part of the record, if marked filed ? A. It ought to have been marked filed. Q. Have you any evidence as to whether it was marked filed, or not? A. I have not; I could not find the bond. The Board, at its last meeting, not being able to find the bond, upon my ad- vice, made an order requiring Davenport to give a new bond, within thirty days, with the understanding that if he produced any existing bond it would be rescinded. But, whether they consider the bond now produced good, I do not know. By Mr. Street: *^Q. I would like to call ,your attention to Section 310, Revised Code of 1871. I desire to know whether, or not, you consider the making of the oath required before a magistrate of another county sufficient ? A. The intent of the statute seems to be that it should be taken before the ofl^icer approving the bond. But, if a man goes before a magistrate of another county, I think he would be guilty of peijury, if he took a false oath. Q. Then this section requires the bond to be approved by the President of the Board of Supervisors, and the Clerk of the Board. Would a simple order of the Supervisors ou their minutes be an approval ? A. I don't think the Clerk need approve his own bond. 22 Q. But, in case of the Sheriff, would a simple entry on the minutes be an approval of his bond ? A. No. Q. Ought not the bond of the Clerk have the approval en- tered on the bond itself ? A, It ought to be a matter of record somewhere. It would be more formal to have it entered on the bond itself. Q. Have 3'ou examined Crosby's bond, and do you know whether the Clerk of the Board had approved the bond? A. I don't think tliere is any approval entered on the bond at all. Q. Would the sureties' names not appearing on the face of the bond make any difference? A. No, sir; it makes no difference if his name is signed to the bond. I know that in Crosby's bond there are several names in the bod}^ of the bond that are not signed to the bond. And some have signed that don't appear on the face of the bond. By Mr. Allen: Q. Do you know anything of the docket, or the minutes of the Court, having been altered or int(jrlined ? A. If 3'ou send down to the Court for the minutes of the term before last, you will find one page in the handwriting of the then Clerk, Cardozo, following the last day's proceedings of the term. There is one page filled up with an entry of allowances to witnesses. It was a gross irregularity. What he put it there for, I cannot understand. It cannot be con- sidered part of the minutes; iu is not signed by the Judge. It is without date, and does not appear to have been entered nui}G pro tunc; and the Judge says he did rot authorize the entry. What Cardozo intended by making the entry, I cannot immagine. Q. It follows the Court's signature ? A. Yes; there is no signature of the Court following. It does not appear to have been for any particular tern:. It is only an entry, that A, B and C were allowed for attendance as witnesses, so much. Q. Where do allowances to witnesses come in? A. They are allowed in open Court; all certificates are made in open Court. Q. Were there an}- allowances made for these witnesses named there? A. No; there is no appearance at all on an 3^ record, of his certificates having been made b3' any order of Court. And so it is in regard to those of Cardozo, the certificates upon which he received pav. There is no appearance, on the minutes of the Court, of allowance of mone3^ of these claims, upon which they have received pay. Q. Did you ever see the card of Peter Crosb3% circulated, summoning tx posse to come to Vicksburg? 23 A. I saw a card published over his signature. It was brought here published on a separate sheet with the Plain Dealer. Q. What did that card state? A. I don't remember; it was a very inflammatory card. Q. Calculated to excite the people? A. It was, undoubtedly; and it did excite the people. I am told it was extensively circulated. Q. What date did that card appear? A. On the Saturday before the Monday when the fighting took place. Q. You considered the card inflammatory? A. Yes. Q. Did it summon this }-)osse to come to Vicksburg ? A. It was not a posse\ but it was an appeal to his friends to stand by him. I don't remember now whether it requested them to rally or not; I read it rather hastily. Q Did you ever see, or know anything of a dispatca addressed to P. C. Hall, Captain of militia, to hold himself in readiness to reinstate Crosby? A 1 did not see the dispatch to him. I saw a dispatch re- ferring to the fact that Hall had been instructed or requested to hold himself in readiness. Q. Who was that dispatch from, that you saw? A. From the Governor. Q. To whom was it addressed ? A. To Judge Brown. Q. Do 3-0U know the date of that dispatch? A. I do not; it was the day after the Wednesday on which the people came up here and requested Crosby to resign. Q. That was before the fight ? A. Yes. Q. That dispatch was to Judge Brown, from Gov. Amesi* A. Yes. q. Saying that he had instructed P. C. Hall to hold himself in readiness to reinstate Crosby? A. Yes; I cannot say exactly the language. The idea was that Hall was instructed to use such force as might be neces- sary to assist Mr. Crosby. Q. Who is this Hall ? A. He is a colored man, captain of a colored militia com- pany. Q. Was he the only militia officer here? A. I suppose not. Q. Was he the ranking militia officer here? A. I don't know; I take it he was not. Q. Is not Col. Beard a colonel of militia? A. I have understood so. Q. That dispatch made no reference to any other mihtia officer? A. No, sir; I think that dispatch was, perhaps, m answer to Judge Brown's letter. I think it indicated that it was an answer to a letter from Judge Brown. 24 Q. Yoii were here during the troubles? A. Yes, sir. Q. Do you think this trouble could have been avoided? A. I think it might have been avoided very easily. I have already suggested that if I had had any knowledge of what was going on, I could have prevented any bloodshed. By the Chairman : Q. State whether or not the official bond of tlie Sheriff is de- fective in form ? A. I think it is good in law. We have a statute that makeS' most an3'thing a good bond. Q. You say that some official action is necessary in approving a bond ? A. Yes. Q. Is there not an order on the minutes of the Board of Su- pervisors accepting the bond; and if so, is not that sufficient? A. I don't know whether there is or not. If there be an order of the Board, on the minutes of the Board, approving the bond, I suppose that would be sutficient. Q. That Board, under the law, is authorized to judge of the sufficiency of all official bonds? A. In one case only — where the}^ require an officer to give a new bond. This last bond of Crosby's was given upon an order of the Board, and they had the approval of it. Q. At the time that disturbance took phice, you sa}" the Cir- cuit Court was in session, and in the midst of a murder trial? A. No; a criminal case. Q. Did the Court terminate its session then informally? A. Not on that da}', bat the Monday following. Q. That trial was never concluded ? A. No. Q, What was the reason ? A. One of the jurors was missing. Q. Who was that juror ? A. A man named Donovan; a 3'oungman. Q. You don't know what caused him to leave? A, I do not; I am told that he went on board of a boat, and that he was carried away involuntarily. Q. Was not the Sheriff present when the Court adjourned ? A. Yes; either himself oi'hy deputy. Q Was he in the city? A. I am pretty certain that he was in the city. Q. Was fie not in custody at the time the Court terminated its session? A. No; the committee had not c..)me up then. There was a committee of ten appointed t''> come up here and interview them, to request tbem to resign; the}' declined; the com- mittee went back. Then, aftor^ considerable delay, they re- solved themselves into a committee of tlie whole and came up. Q. Was there an}- cause of complaint? Did not the people have a legal remedy? 25 A. I thought so. I advised them to desist from anything like kiwlessness or violence. After that committee went there, there was a committee of three lawyers and two citizens ap- pointed, and a majority of this committee reported to the meeting that all legal remedies had not been exhausted. But the minority report was adopted, and they went to the Court- house and demanded the resignation of Crosby and Daven- port. Q. What do you think would have bean the result or the fate of these officials, if they had not resigned ? A. I cannot say; I am slow to believe that the people would have resorted to lynch law. They might have taken them and locked them up in jail; I do not think they would have murdered them. Q. You think there would have been no violence? A. No personal violence; I think they might have been taken into custody; but I do not think they would have lynched them. There were a great many men, and a number of very excited young men, full of whisk}^ and they might have done some lawless act, but the great mass of the people would not have approved of any such action. I don't believe it at all. The feeling of the mass of the better class of the population would have been against it. Q. Would the officials under indictment have been tried at that term?' A. That was my intention; those men, who were in office. 1 did not care to try those that had been in office, then; but Cardozo and Davenport 1 did intend to have tried, and so did Judge Brown: and he assented to try them, at least on one of the numerous indictments. Q. What was the charge against Davenport? A. He was indicted for forgery and changing records. Q. In what did that forgery consist ? A. In issuing warrants for fraudulent purposes, and issuing warrants without authority, and fraudulently, which is forgery under our statutes. Q. Under what circumstances did he fraudulently issue war- rants? A. Here is a warrant for fifty dollars, issued to George W. Davenport, by Geo. W. Davenport, and it was issued in viola- tion of law. There is another one; there is another; there is one to Geo. W. Davenport; there is one to Charles W. Bush, and tliat warrant. No. 405, for seventy five dollars, has been paid into the county treasury twice, and it is supposed to have been burned twice. That was found in the Chancery Clerk's office by the committee appointed by the Board of Supervisors to investigate. Here is a little ten dollar warrant, issued to Marble, who says he never received that warrant. Davenport admits he issued that. Here is one to A. L. Pierce, five of them for twenty dollars each, all proven to have been issued by Davenport. The}* have been paid into the county treasury, 26 aud marked canceled, and Mr. Pierce swears that he never received an}^ such warrants, and they are not indorsed in Mr. Pierce's handwriting. Q. Was that warrant in the hands of Davenport marked canceled ? A. Yes. Q. Do 3'ou Icnow whether or not it has been the custom of the Chancer^' Clerk to take up large warrants and issue small ones in place of them ? A. Yes; it was at one time; but the Legislature passed a Law against it. Q. Has it not been done since the passage of that law ? A. Yes. He knew of the law, and these warrants were issued in excess of any allowed. Q. Was there not a one hundred dollar warrant allowed to Mr. Pierce ? A. Mr. Pierce says not. He says these warrants were not applied for by him; that he never knew anything about them. He used to be City Engineer. Q. How many persons were killed on the da}" of the dis- turbance ? A. I don't know ; I did not see any one myself. I did not get out. I endeavored to get out to the colored people and get them to go home. I can only judge from rumors. Q. Was there much disorder and excitement ? A. There was a great deal of excitement; people running about with arras. Q. Was there any effort on the part of officers of the county or city, to preserve the peace? A. I did not see any officers exert themselves to keep the peace whatever. The people had received their arms, and were rallying to the Court-house. There was a sort of a gen- eral panic and excitement among the citizens. The}- magnified the danger. It would have been a terrible thing if the colored people in the city had not kept perfectly still. The colored people in the city kept perfectly still and quiet. But, if those: from the country had got in and commenced fighting in the city, it would have resulted in indiscriminate slaughter. Q. Has there ever been an indictment found against Crosby for dishonest action ? A. No; the Grand Jury failed to find any indictment. He was reported before the Grand Jury, and charged with having failed to pay the Grand Jurors of tlie preceding terra. It was in proof that he had received the money from the treasury, and he had used the money in the settlement of his own account, and had not paid a number of Grand Jurors. There was one Grand Juror who had in his possession a number of those warrants. Q. What time was it that the Grand Jury failed to find any indictment against Crosby? A. At the last term— the December term. 27 Q. How long before the insurrection? A. A week or two; not more than a week, perhaps. Q. What do you think was the cause of the outbreak, or the excitement, on the part of the tax-pa3^ers? A. I don't think it can be ascribed to any particular thing. There was a good deal of discontent on the part of the tax- payers, against the otBcers, and it had been gradually growing, as one thing and another would occur, and the excitement would increase almost to desperation. The impression of a great many was, that there was no legal remedy; that there could be no fair trial; that they were all in collusion; that Crosb3^ would have a good deal to do with impaneling the jury. I did not concur m3^self. I did think that we might possibly succeed in getting fair juries, and, unless their evi- dence to rebut the prima fncie case against them was very strong, that I could convict them. I was very anxious to try them. Q. Do you think that Crosby, in his official capacity, could have prevented the conviction of the officials? A. He might, if he was so disposed. Q. Do you think he was so disposed ? A. I cannot say. Q. What has been the tone of the public newspapers of the city, within the last three or four months ? A. Very violent in some respects. Q. Was it calculated to excite one portion of the people to acts of violence against another ? A. Well, it had that tendency. Inflammatory articles ap- peared in two papers here, almost daily. Q. Do you think, under the teachings of the city papers, that it was natural that there should be an outbreak ? A. I think their editorials tended that wa}-. I think, how- ever, that th-ey did not have the support of the people here. I know a good many people would read them and express their condemnation of them. Q. Were thc}^ pretty generally read ? A. Yes, sir. By Mr. Sullivan: Q. Were you here at the time demand was made, b}^ the crowd, for Crosby's resignation; and if so, how man}'- persons were here ? A. I was not at the Court-house then; I was down town and saw them marching up. My impression is that there was not exceeding one hundred actually participating in it. There were a good many going along out of cuiiosity; but my im- pression is that of those actually participating in the move- ment to get Crosby to resign, there were not more than une hundred. There were doubtless more than that around the Court house square, but the majority were here from curi- osity* 28 Q. Don't you think that the business people, men having large interests here in this city, were opposed to this action? A. Yes; I have no doubt. Q. But they were led by the minorit}^? A. Yes. You know, a few active energetic men will go and do things as they please pretty much; men having large inter- ests, and who are o[)posed to such action, are generally pas- sive. A great, many of the men at the meeting did not come to the Court-house at all. Q Do you know of any intimidation having been practiced on the ]k)ard of Supervisors, by threatening or loud talking, or incendi:iry language, during its session? A. I have known things taking place before the Supervisors, not only the late Board, but the old, which I have told them that I would not have submitted to; but I would have put some of those men in jail. Q. They have been insulted? A. Tiiey have just allowed a loose sort of practice to prevail, and anybody could come in and talk. Q. Don't you think they were afraid to punish any of those people for contempt? A. I don't know. I don't think they appreciated the inde- cency of it. It was so with the preceding Board, presided over bj' McGee; and it was so with this Board. Q. Who were the persons who would come in at the meet- ings? A. I recollect at one occasion, when Doctor Shannon and Major McGruder came in. Q. Did they use threatening language? A. i^o; but their manner was offensive and rude; such as no Court with proper respect for itself would permit. I don't wish to convey the idea that the Board has done anything under the influence of any threat or intimidation, but they have allowed disrespectful behavior and loud talking before them, wdiich they ought not to have tolerated. Now, in this connec- tion, perhaps it is due to the Court, to the Board, and the Grand Jury, and to myself, as the District Attorney, to state that a great many misrepresentations have found their way it^ito the newspapers. The idea has been thrown out that there was intimidation used on the part of the tax-pa^'ers in the organization of the last Grand Jur}'; that it was a Grand Jury, packed, as it were, b}' the Tax payers' League. I don't believe it. The Board of Supervisors is composed, as 3'ou know, of live men. Four of them are colored, and one white man. They are all staunch Republicans. When they met and set about selecting a Grand Jury, there were a number of tax- payers present on that occasion. They spoke rather disrespectfully; and the Board was induced to change some of the appointments they had first made, or rather the members of the Board would nominate. That is the rule ; each one nominates so many. When that took place 29 the tax-payers would object to some of those nominated: but the}' did not suggest the names of anybody to be substituted. In two or three instances the Board consented to withdraw the original names and substitute others, but those substituted were not selected by the tax-payers. As an evidence that the Board was not unduly intluenced, 1 will state that the Grand Jurj^ was organized with ten colored men and seven white men. All the white men were non-tax-payers, and I don't be- lieve they were all Democrats; and, in reference to indict- ments, it is due to the colored men to state that they acted with just as much readiness to find the indictments as the white men. They seemed to rise above all feelings of party. By the Chairman : 'Q. Have you ever discovered any disposition on the part of the colored Grand Jurors to shield criminals? A. I have, in some instances, but it is generally the other way. Q. Do they differ materially from white men in that respect? A. No; I have seen as mucli prejudice on the part of white men as on the part of the colored men. Bv Ml-. Sullivan : '^Q. Do not the colored jurors, petit and grand, seem disposed to convict ? A. As a general thing, they are as much so as white; but, if I were on trial as a white man, I would rather be tried by a colored jury than by a white one. By Mr. Caldwell: *^Q. You said that Dr. Shannon went before the Board of Super- visors an-d used rude language. Was that language calculated to produce hitimidationV A. No; 1 don't think it had that effect. I have no idea that any man was put on the Grand Jury because the Board was afraid. Further, there were two of the jurors that were ab- sent, and so the Sheriff had the selection of two, and they were his bondsmen. Four, I believe, of the jurors, were his bondsmen. By Mr. Sullivan : 'Q. Those two he selected, did they seem to be as desirous of convicting as the others? A. They did not hesitate; but the truth is, that the evidence before the Grand Jury is altogether ex parte; and, on the evi- dence given there, it* was almost impossible for any man to fail to find an indictment. Q. Don't you think that if the Board of Supervisors had attempted to maintain its dignity, it would have brought about a disturbance? In— 4 30 A. I don't think so, if the}^ bad done it properlj-. Q. Don't 3'on think tliat if they had attempted to have arrested any of those men who behaved in that manner before the Board, thac their friends would have come to their assist- ance and prevented it? A. I don't think so. Q. Were those men prominent members of the Tax-payers' League? A. Yes, sir. Q. Do 3'ou know of an}^ military companies having been or- ganized in town, .not authorized by law? A. No, T do not. I have no doubt but that there were last summer and spring something like military. Q. Outside of the regular militia? A. Yes; there is no doubt about that; well organized and armed. I was not here during the last city election. By Mr. Allen: Q. Were you here on the day of the alleged insurrection? A. On that Monday, yes. Q. Were the people on that day in insurrection? A. In one sense, I don't think there was any actual necessitv for killing a single human being, and still it is my opinion that the people of almost an}- other town in the tlnited States would have done as the people here did, considering the cir- cumstances. It w-as a surprise to the people. The informa- tion came that the colored people w'ere marching into town with arms. There was great excitement. Q. Do 3'ou think it would have been safe to have allowed any large number of colored people to have come in town armed ? A. No; I do not think it would have been safe at all. I think it would have resulted in the slaughter of the colored people, indiscriminately, even in town here, where the colored men behaved remarkably well. If they had come in town, nobody could tell the result. It was a general scare here. It was striking a hornet's nest. Q. Was the conduct of the white people here the conduct of all? Did both Republicans and Democrats participate in it ? A. All of them. Whatever had been their previous differ- ences, they all seemed to think that under the circumstances, it was their dut}^ to act. Q. You did not regard Monday's fight, then as a party fight? A. No, sir. The staunchest Republicans were just as earn- est as any; and old and cripled as I am, I would have should- ered a gun myself to drive them out, if necessary. But the fact is, I don't think it was necessary to have killed so many, or to have killed one man. Q. Do 3'Ou know who opened the fight ? A. I do not. There are contradictory reports, and my mind never been satisfied as to that. 31 By Mr. Caldwell: Q. Were you here in the Court-house? A. The Court did not open on Monda}'. Q. Were you with Judge Brown on Monda}', when Cour should have opened? A. No; I came here, but the Judge did not appear at all. (X Did you see any armed colored men? Ar I did not; there were none armed in town that I know of. Q. Did 3^ou see any armed white men? A. Yes, I did. Q. Do you know whether there were any colored men killed inside of the corporation line? A. There may have been. There was one man named Ter- min, who was killed beyond the railroad, inside the city limits. Whether there were an^^ others killed, I do not know. Q. I noticed you said that the colored people inside of the city limits were all quiet ? A. Yfis, sir. Q. Have you any idea what caused that colored man to be killed ? A. No; I have heard contradictory reports as to that. Q. You are satisfied that he was shot? A. There is no doubt as to that. He was shot down in the street. I have heard contradictory reports; some say that he was armed, and some say he was not. Q. What street was he killed on? A. This street here, Cherry street, beyond the railroad. Q. Do 3^ou know whether an^- colored people's houses inside of the city's limits were searched for arms? A. I don't knew; but I have no doubt of it from what I heard. Mr. Davenport's house was undoubtedly searched, be- cause it was by searching his house for arms that some of the books were found under his house. Q. They were searching for arms? A. Yes; searching for arms, I understand. Q. Do you know any colored people here that had arms taken away from them? A.. I have heard that they have been taken from a number, but I do not know. Q. Do you know of any that have been returned ? A. No, I. do not. But orders have been given, I understand, that they would be returned; but how far that has been done, I do not know. Q. Do you think that the business men here approve of the act of those parties who searched the houses for arms? A. I think they condemn it. There is a small number of roughs and blackguards, whose delight seems to be in deviltry. They get bad whisky in them and run around. I don't think they are so much bent upon bloodshed as upon excitement and deviltry. 32 B}'' Mr. Sullivan : Q. Do you know whether the local authorities intend to punish these parties? A. I spoke to some of the local authorities and told them that it was an outrage, and that the parties should be arrested, and their names found out. I understand that the Mayor has given special instructions to his police to arrest all parties en- gaged in those lawless proceedings. I have tried to get the names m^-self of these parties, and will institute proceed- ings against them myself. J think it is onh' a small number of them comparatively. A few bad men can do a great deal of mischief. I think the citizens here are provoked that these things are done. Q. They have not jittempted to assist you in getting their names? A. Nobody has given me any names; and the parties who have been molested have not complained ; Mr. Newton, the County Treasurer, told me, yesterday, that on Saturda}'- night, during his absence, there was somebod}^ (roughs or boys,) came to his house makiug inquiries for him. Q. Mr. Newton is a colored man? A. Yes; they came to make some lawlessness; I asked him if he could give me the names; he said he did not know the names; I told him to try to find out, and see whether his wife could identify any of them; to ascertain who they were, and I would see that steps were taken to bring them to order. By Mr. Cessor: Q. Do you think it would be safe for him to report their names? A. I would advise him to do so; a man must take some little responsibilit}^ upon himself, and show some little cour- age. Q. By what authority was Crosby placed in jail? A. By no authority at all; they had no right to put him in jail; but he remained there a long time, at his own request; he considered it safer there than to be out; a good many colored men were greatly incensed against Crosby; some of the prisoners were revengeful against him, thinking he had led them into this trouble. The proceedings of Wednesday were wholly illegal, in the action of the people coming up here and undertaking to make Crosby resign; it was fragrantly in vio- lation of law, and I condemned it as such. Tecluiicall}^, it was a mob; but the people acted under great provocation. Q. Is it your opinion that Crosby's resignation was made u der duress? A. Yes; his first resignation; the second resignation, I thought, was reall}- a voluntary resignation ; that he had de • liberately come to the conclusion that, under all the circum- stances, it was no use for him to try to be Sheriff; and I ad- vised the Board that it was a prima facie case of a bona Jlde 33 resignation, and that, for this reason, it was their duty to re- ceive it, and order an election. Q. Was there any tax leaguers present when that resignation was presented? A. No; there were fewer persons present at that meeting than there had been at any other; in fact, the military had taken special pains to have nobody in or about the Court-house. It has been said that the Board was under duress when they made that order; I did not think so then, and I do not think vso now; the}^ sent for me; I found there present one white and two colored; I found them standing in front of the Court- house; I went up to them and said: 'Tou sent for me." They said: "Yes!" I said: "There is one thing I want to know; whether there is any one here that considers himself afraid or under any apprehension of danger, or under duress or con- straint to do anything but that which his honest conviction re- quires him to do? Then I would advise you not to meet at all; on the other hand, if j^ou are free to do what you consider 3'our duty to be under the law, go on." They all stated they were there prepared to do their duty according to the law. Q. Was it not a called meeting of the Board? A. Yes; though a meeting they had been looking forward to a long time, to meet in December, to attend to certain matters, to decide whether they would order an election to fill the va- cancy in the Circuit Clerk's otRce. I told them it was their duty; that the office was filled by an oppointee of the Gov- ernor; but, owing to the financial embarrassments of the county, they postponed action ; in the meantime, Dorsey had got a good deal of money out of the treasury. Q. Was there any disposition on the part of the tax-payers to force them to meet? A. There was a disposition on the part of the tax-payers, as well as on my part, to induce them to act; and if there is any one to blame, it is the Board of Supervisors; if they had met promptly and acted promptly, according to law, in regard to Peter Crosby's bond, I believe these difficulties would not have occurred; I have also thought that it was owing to their neg- lect that this thing here was brought about, and I told the Board so. JUDGE A. H. ARTHUR RECALLED. Testimony in chief. By Mr. Sullivan: Q. You are Citv Judge, and live in the City of Vicksburg ? A. Yes. Q. State whether you were employed by the Board of Su- pervisors to investigate the various offices of the county officials? A. Yes; I was. Q. In what position did 3-ou find those offices to be? 34 A. Perhaps it may be necessary to repeat what I saw yester- day, the first thing the committee of the Board of Super- visors desired me to do was to ascertain the indebtedness of the county, so as to provide for that iiKlebtedness, and among other things they wanted, to know how many jury certiticates were issued in the Circuit Clerk's office, that had to be paid out of the county treasury ; I had to report to the Board that I could not tell them because the stub-books in the Circuit Clerk's office of 1S72 and 1873 up to September, 1873, were not to be found; they then re(piested me to ascertain from the land books of sales of forfeited lands, in that office, whether there was anything col- lected from the county; I could not find the land -books in that office; Judge Brown, of the Circuit Court, at that time had taken charge of the Circuit Clerk's office, in consequence of the Clerk being in jail; I notified him of thut tact, and he set his son to work; and he found the books soon after that in the country, in the hands of the Assessor of the county; I could not find from those land-books what the Circuit Clerk, Cardozo, had collected; there was no, account on those books that he had collected anything; it then occurred to me that as some of the parties, who had purchased lands and had deeds from him, would place it on record in the Chancery Clerk's office, I then examined the Chancery Clerk's office, where all the deeds are recorded, and I took a list of all the deeds made by the State of Mississippi in 1872, 1873 and 1874, whether from the Audi- tor of Public Accounts or the Sheriff, or the Clerk of the Cir- cuit Court; when I got that list, I looked at the deeds them- selves, to see wliich were made by the Auditor, by the Sheriff, or b}' the Clerk; there I got a list of the deeds made by Car- dozo, while he was in office, and those made by Dorsey while he was in office as Circuit Clerk, and I got what had been col- lected in that office from the land office; I found out that there were other things that I could not find there, that I had to go to the Auditor's office to find out; and Judge Lea, the District Attorne}^, who also had some of these matters before him, asked me to go with him to the Auditor's office to examine the records; there we found that Cardozo had made a temporary report, a kind of a little sketch of one or two cases; Judge Lea has the original papers; while I was examining the Auditor's office, ]Mr. Cardozo was making a report; he made a settle- ment and report, a copy of which I got; we also examined, at tiie request of the District Attorney, all the State witnesses certificates, issued by the Circuit Clerk of Warren county, in 1872, 1873 and 1874; among them we found a great many for- geries; and among others, witness certiticates against the State of Mississippi, made out by Cardozo in the name of men living here in Vicksburg, personally known to me, whose marks were made on the back of the certificates, by Cardozo, the Clerk himself, who issued them, and who had never been witnesses in the case at all. We found others issued b3' Dorsey, who was then Clerk, in the names of others living in this town, who 35 bad never lived outside of the limits of the town for years, charging the State of Mississippi for from one hundred to one hundred and eight}^ miles, charging services for traveling, and these men are now in town, and have never left the town. I could go on and give a great many details, but these are the principal things the District Attorney thought he would take, and leave the others to be examined hereafter. I can name some of these witnesses: Alex. L. Grand, Gillie Smith, citizens here, J. H. Swalty, a citiijen of Vicksburg, who lives within two or three squares of the Court-house. Judge Lea has the original papers; I presume that Judge Lea had that information before the Grand Jury. I know these men myself, and I know they could write, and I know their handwriting. I think it is proper, however, if you think proper, to have them summoned yourself. I know they can write. About the amount of busi- ness that Judge Lea and mj'self examined. I do not know, without referring to my memoranda, that I could state it all; after that I went into the Chancery Clerk's office with this committee; the committee had the report of the Treasurer then before them — the Treasurer's books, and they could not - ViCKSBURG Miss., Dec. 16, 1874. ) No person is authorized to search houses or take arms from 82 private citizens ; and any person so doing, without written orders from these headquarters, will be punished according to law. By order of William French, Colonel Commanding. W. A. Fairohild, Adjutant. EPHRAIM POWELL, Being duly sworn, says : \^Examination in Chief. '\ Q. Where do you live ? A. At Freetown, Warren county, about seven miles from Vicksburg. Q. Where were you on the 7th of December, the day of the riot ? A. I was going into town, and when I got to the hill, about two miles from town, the}^ commenced shooting ; we heard the shooting ; we got to the hill, about two miles from town, and the people commenced shooting at us ; the white men from the city did ; we looked over on the hill, and the white people were surrounding us ; some staid there, but I left, and when I went back a crowd of white people met us ; they came on hollowing, and the}- hemmed us in ; I jumped through the fence, and then one bullet struck me on the hand, and another here ; I run through the fence to the Shirley house, and stayed there until the}^ got through there ; and then four or five of us went home ; this man. Buck World, they killed near Edwards' yard ; he run into Edwards' 3"ard, and the}^ took him out of there and killed him ; I stayed in the cane all night, and when I came out I walked right out on this dead man. Q. Was this man armed when he was killed ? A. Yes ; he was standing in the yard with his gun in his hand ; he was running from them ; he ran there for protection. Q. Had he fired at any one ? A. No, sir. Q. Were you armed when you came in toward town? A. Yes ; I had side-arms. Q. Were you coming in to get in a fight ? A. No, sir; I had seen Crosby's son ok Sunda}^ and he told me that he clid not expect any fight, but for every one to come; we had our women ana children with us, and every one was coming in ; I had a white flag up for fear the people would think we were coming to have trouble ; we had it on a pole, and some one shot through it. Q. How many were killed of your party ? A. Four, sir ; two were killed in the fight, and then they came up and killed the others. Q. What were the names of those who were killed? 83 A. Wash. Tinsey and Buck World ; the two others, I forget their names ; Joe McGraw was killed ; two of them were from Freetown, and two lived a quarter of a mile from there. Q. On theda}^ you were coming into town, 3^ou say, that two were killed ? A. Yes, three were killed on the road. Q. Were they armed, when killed ? A. This old man — sixty or eighty years old — he did'nt have any gun, but Joe. McGraw had a pistol on him. Q. Was he firing that pistol ? A. No; he was running — trying to hide. Q. He was hiding when he was killed ? A. He was running to hide; Buck World was killed the next day; they came to his house after him. Q. He was killed at Freetown the da}^ after the riot? A. "Yes Q.' Who killed him ? A. I did'nt see the gun kill him. Q. Who came to the house after him ? A. I don't know; when they came so close to me, I ran, but there were women and children that staid there. Q. Were they white men or colored men who shot him ? A. All white men; I was running, and they were shooting behind me. Q. Buck World was not in town on the day of the riot ? A. No, sir; bqt we were ail coming toward town. Q. You came within three miles of town ? A. Yes; Crosby told us all to come in, By Mr. Cessor: Q. Do you know who killed that man in your yard? A. It was a white man that came out ; they met me in the road; they came yelling, on their horses, and T ran through the fence, and the}'- shot me through the hand ; Buck World, he ran to Edwards', for protection, and the people there told the men there to take him out of the yard, and they took him out of the yard and killed him; I stayed in the cane; and when I came out, I walked right on that dead man; this man, Buck World, had six children — all girls. By Mr. Allen : Q. How far do j^ou live from here? A. Seven miles from here. Q. What is your profession ? A. I am a farmer, and trader, and store^keeper. Q. Were you at the preaching, the Sunday before the diffi- culty ? A. I am a preacher, myself. Q. You were not at preacliing on that Sunda}^ ? A. I was at the breaking up of the church. Q. Was there any card read, of Crosby's, on that Sunday, at church ? 84 A. There was a paper read, that Crosby said that we all must come in on Monday, that there would not be any fuss. Q. Was the paper printed or written ? A. It was printed. Q. Would you know that paper if you saw it? A. Yes, I believe so. By Mr. Sullivan: Q. Can you read and write ? A. Yes. By Mr. Allen : Q. Did Crosby say in that paper, that there would not be any difficulty? A. No; he told them to come; the paper said *' come one, and all." Q. Was that paper very denunciator}- or bitter against a certain class of people ? A. No; there was no abuse against anybody; he only told us, one and all, to come in on Monday; there was no abuse in that paper. Q. Was there a proclamation read also from Governor Ames ? A. No; not that day; there was a piece read from a news- paper from Governor Ames. Q. What was read from Governor Ames ? A. They read a piece in a newspaper that said what he said. Q. Did you say, a few minutes ago, that there was a procla- mation from Governor Ames read ? A. So it was said, there in the paper. Q. What was said in the paper ? A. It said this: No one come in ; it was for peace and no fuss; that no fuss should be made, and that if any riot was raised, it would be controlled by him. By Mr. Cessor: Q. Did 3'ou not say, a few minutes ago, that there was a proclamation read from Governor Ames ? A. They took out a newspaper and read the proclaynation from the Governor; and he said, "if an^^thing was to occur, it would be controlled by him; and for all to go on in a harmo- nious way in peace, and there would not be anything done." By Mr. Allen: Q. When this man got up on that Sunday, whose proclama- tion did he read first — the Governor's or Peter Crosby's ? A. I believe the other piece was read first, and this was last; the handbill was read first, and then the newspaper. Q. What did the man, who read it, sa}- about it? A. I could not say all that he said; it was a long piece; he read — Sanson. Q. What did the man sav, who read it — Sanson? 85 A. I told 3^ou what he said. Q. Did he make any speech about it ? A. No; it was outside of church, while the people were eavinc:. Q. You understood that 3'ou were all ordered to town ? A. Yes. Q. Who did j'-ou iinderstand that 3-ou were ordered to town by? A. Peter Crosb3^ Q. What did j^ou understand that you were ordered here for ? A. He said, he expected to go in his seat on Monday, quietly and peaceablj^; he wanted the people all to come; so every- one came, women and children, and all the crowd; there were, I suppose, ten little children along with us. Q. Did you have any arms with }-ou ? A. Yes. Q. Is it customary for ministers of the Gospel to carr}^ arms ? A. No; but we came, if any attack was made, to defend our- selves. Q. Then, it not being customary for ministers of the Gospel to go armed, how came yo\i to be so on that particular oc- casion ? A. They told us to fetch our arms with us, in order to de- fend ourselves. Q. Who told 3'ou to bring them ? A. Peter Crosb3\ Q. He told 3'ou to bring your arms ? A. Yes ; and he said he did not think there would be any fuss. Q. Did 3-ou not think there would be a fuss if you went armed ? A. No ; 3^ou could not have got all those old women and children along if they had thought that there would be a fight; my wife was along. Q. Did vou think, b3' the reading of that paper, that Gov. Ames had ordered you to come here through Sheriff Crosby? A. No, sir. Q. What did the Governor order you to do ? A. If an3^thing was done like a fuss it was to be put down by him. Q. You say that you were in Yicksburg on Sunday, the 6th? A. Yes; and I saw Crosb3^ and talked with him about this difficulty; I saw this little handbill that was brought by San- son; and, on Sunday, it was m3' turn to go to Morris', and I told them that I would go to town and see what was going on myself. Q. You came to town on Sunday ? A. Yes. Q. And 3'ou saw Crosby ? A. Yes ; I went to his house. Q. State what conversation 3'ou had with him. 86 A. I asked him what was the matter, on account of this statement of his; he said, "he was in hopes that there would be no fuss, and he thpiight to-morrow morning that he would take his place quietly; but, he said: "I want everybody to uome in; to see that when I make a call thej^come; but I don't think there will be an}- fuss." Q. You belonij to a club ? A. Yes. Q. Did you all have a club meeting on this occasion ? A. There was a club meeting held on the Friday before ; on that occasion I was not present; I was at m}'" store; had not time to go ; it was on that occasion that word had come out from Crosby; the meeting was called to talk som.- thing about it; I was not present; I was at my house. By Mr. Street: Q. When you came down to see Crosby, he told you that 'if there was any difficulty Gov. Ames would have it put down ? A. No, sir; he did not sa}^ anything about that; that was stated in the paper, WII.LIAM SCOTT, Being dul}^ sworn, saj's; \^Mxamination in Chief,'] Q. Where do yow live ? A. At Mount Albon, in Warren county, eight miles from Vicksbnrg ; that is, I lived there; I have moved away since the light; I have carried my wife and family away. Q. What is 3'our occupation ? A. I am a farmer. Q. What do you know about the disturbance in the city of Vicksburg on the 7th of December, 1874? A. On the Saturday before the fight on Monday, I was in town here, coming in for bagging and ties; I saw Sheriff Crosby on the street; I had heard a great many complaints; on Saturday I heard the rebels in the countr}^ say that they had taken him out of his office; I saw Crosby on Washington street, and said to him: " What is your trouble?" .He said; "Yes, I am in trouble." tasked: "What is the matter?" He said: " Thev have taken me out of my office." I said: "What do you" think to do about it?" He said: "I don't know; 3'ou men, who put me in office, it is for you to say; I ought to ask you." And he said: "They have threatened my life with vengeance, if I did not resign, and I had to do it." I said: "What must we all do?" Then he asked: "Have 3^ou seen the proclamation in the Plain Dealer?''' I said: "No." He then stepped back in the post-office and got the Plain Dealer with the proclamation in it, and he said: "They have taken me out of my office." I then took two copies of the Plain Dealer^ and a proclamation in each, and took them in 87 the countrj' to show to the people in the country, to be read to the people ; I did so on Sunda}^; went around and showed it to the men; there was a great gathering at Mount Albon, and it was read and explained to thera there; when I was in town I asked Crosby what was he going to do on Monday. He said: " I don't know, but the rebels will all be here on Monday." I asked him: "Will we come?" He said: "Yes." I said: " Well, they are mighty sauc}^ and bold out in the country, riding around with sixteen -shooters, and they say that they are coming in here armed, to Ivill every damned negro that comes in here on Monday." He said: "Well, I don't want to have any fighting or disturbance, but we want you all at the Court- house on Monda}^ morning, at ten o'clock ; and you must come in." We did so; on the road that I came in on there were about a hundred and seventy colored men; they met at differ- ent points, from each farm, and came in together; when I got here, at the Pemberton monument, I met Mr. Stith, and asked him what was the matter; I had heard the bells ringing ; he said that the rebels were all over Washington street, with guns; I then told my boys: "It won't do to go in there; we have no arms; they will kill us all in a pile." We then stopped outside of the limits of the town, about an hour; then over on the Grove street road — we were up on a hill, where we could see over there; firing commenced on the Grove street road ; we stood and looked at it ; they were fight- ing down town; I looked over the place where I stood and saw a lot of colored men running; I took them to be colored men; and in about twenty minutes there came fifteen or twenty colored people from toward where they had been fighting, on to the road where I was, with guns in their hands; Andrew Owens had been into town to see Crosby, he came back, and Doctor Shannon and Doctor Hunt came with him; he said that Peter Crosby said, for him to go home with his men; they started back, and the white men fired into them and scattered them; after a while they fired back; after they got into the cane they fired back on the white men; I said to those, who had come up near where we were: "What did you run over here for, with just enough guns to make them shoot at us ; and we are not armed ?" There were fifteen of those men with guns, that came over where we were. Q. And you told them to leave that place? A. I tried to drive thera all away from me; and I thought they were all gone; but the first thing I knew, the white men came up and fired into our men, that were there unarmed. Q. How many were killed ? A. I saw three men killed; one dropped down in the fight; I saw one killed from fighting, and the others Doctor Quinn killed. Q. Who was Doctor Quinn ? A. Doctor Quinn here in town, Q. A wli^te man ? 88 A. Yes ; he came up with the white men ; he killed Banks find his son; he called Banks out of his house to hold his horse; these fellows then were running, and he was sliooting after them, while old man Banks was holding his horse; then Banks' son came out of the house — his own house — and I saw Doctor Quinn shoot at him; he shot three times at him, and just as he came to the cane, he fell. Q. How old was the bo^' that was killed ? A. He was not grown; I don't know how old he was. Q. He was unarmed ? A. He was not armed ; then when Doctor Quinn came back to his horse, he told Banks, "get out there;" and when he got out a piece, he (Doctor Quinn) drew up his gun and shot him down. Q. Did he kill him ? A. Of course; he fell immediate!}' the gun cracked; I never saw him move any more; at this time, I was in a house — a colored man's house, named Henry McClain; then they came up to the house where I was, and said: "Have you got any arms in here, you men?" I said "No, sir; we have none." He asked: "Have you not been to town; have you not been in the fight?" I told him "No;" he said, "Have you not been to town?" I told him "No;" then they shot at me three times; but did not hit me; then one of the men ran up and said, " If we cannot kill him by shooting him, we will cut his throat;" then Mr. Yerger stopped him from killing me; he said, " Y'^ou shall not hurt that man; I know he means no harm, and he has got no arms ; " then they ordered the men to take us prisoners, and carry us to some safe place; there were about fifteen of us in that house, and around it; tliree in the house; then they took and carried us to jail ; we got caught there; they marched us out in the road, and then the little boys run up to us and jabbed their hands in our pockets — white boys — and said, " Let us see if they have any pistols; " they got what money I had in my pocket ; some one got out a hundred dollars that 1 had in my coat-tail pocket, that I had just got together. Q. For cotton ? A. Y''es; some from a man that had owed me a debt and paid me, and some was cotton moneys they kept me in jail eight or nine days, I think it was ; they kept me in jail four days first, and then they could not prove anything against me, and turned me out; and then John Newman caught me on Washington street, and brought me back ; I staid there the balance of the time to make out the nine days; he told them to keep me here till he came after me. Q. Who is John Newman ? A. A white man living down on Black river. Q. Was he an officer ? A. No; he was not an officer that I know of; at dark he came after me again, and wanted me turned out to ^o home; I 89 thought there was something wrong about that, and I would not go. Q. Were 3^ou afraid that if tliey turned you out you would be killed ? A. Yes; he told me that evening, when he was marching me up the street, that he was going to fix me; the next evening, after dark, about seven o'clock, he came for me again to be turned out, and said he would guarantee that no one should hurt me. Q. But you did not like his guarantee? A. jSo, sir. By Mr. Cessor: Q. Had you never had any difficulty with him before ? A. Not with him, but with his cousin; m}' wife she came in in a few da^'S to see where I was, and told me that they were riding all through the country hunting for me; fat they wanted to kill me, and that they had taken my double-barrel shot-gun and my pistol. Q. You left your arms at home then ? A. Yes; thej^ kept me in jail till I like to have died; they did not half feed me. By Mr. Sullivan: Q. Cnn you give the names of those who were killed ? A. They did not belong to my party of men; old man Banks and his son were shot, and a man named Louis McKinne}^, that lived at Freetown; I saw him fall; and I saw one white man lall; I suppose you don't want his name. Q. VYliat was his name ? A. Brown; he lived at Sn3'der's Bluff; I think the white men killed him. Q. By mistake ? A. Yes; he was between two fires when he was shot; I think the white men shot him ; the colored men were running when he fell; I know the}' did not kill him on purpose, because he was considered a great man among them. Q. Were there any other men killed in j^our neighborhood ? A. I never have been out to see; when my wife came in she said: ''You must break up there and leave, those white men are determined to kill you." I asked her: " Must I sell out ?" She said, " ves ;" and. on last Saturda}--, she sold out the prop- erty the best she could; she did not get hardl}^ anything for it; I had to sacrifice it; I did not get what it was worth. By Mr. Allen : Q. Your name is William Scott ? A. Yes. Q. How long have 3'ou lived here in this county ? A. About eight years. Q, How far did you live from town ? 90. A. Eight miles; at the second station; at Mount Albon. Q. You say, there were about a hundred and seventy men in your part^^ on that Monday ? A. Yes. Q. And you all did not have any arms ? A. No; only I saw some men have pistols with them. Q. You are sure there were no guns in your party ? A. Yes; I am sure that it was only those fifteen men who got scattered from the others on the other road. Q. You stated in your direct examination that you did not have any guns or arms in 3'our part}^ ? A. None; except pistols ; there were a few pistols among them. Q. Then you were mistaken, when you said they were not armed ? A. Yes; as far as that goes; but I don't consider side arms of any use for fighting. Q. What are pistols made for, if not for fighting ? / A. They are made for fighting, but not for war. Q. What did you come into town for on that day ? A. Well, Mr. Crosby said that: "the white men are coming to put me out of office, and I would like for you colored peo- ple to come and see how it is done;" I requested to know of him how, and he said: "Well, come and see it." Q. Now, in your conversation with Crosby, did he not tell you to come armed ? A. No. Q. Where were you on Sunday, the 6th of December ? A. I was at church at Mount Albon. Q. Who preached there that day ? A. I dis remember. Q. What was the man's name that read those proclamations ? A. That Was Cassel. Q. Who was the proclamation from ? A. From Governor Ames. Q. Both proclamations ? A. They were both the same— no, they were not; one was Crosby's card, and the other was that proclamation from Gov- ernor Ames. ' Q. What did he say about those proclamations — ^Cassel ? A. Well, you know, colored people are not educated, and don't understand so well, and he went on to explain; aome of them asked him what did it mean — did it mean to fight; and he said: "Don't any of 3-ou go up there with arms; 3^ou colored men are not prepared for fighting, and if you go there with what few old squirrel guns and what metal double-barrel shot-guns you have got, 3'Ou will all get killed; that is m3^ notion about it; you all can do as 3'ou please " and, sa3's he, "that is all that these rebels want, for tlie Re- publican party to make an efl'brt." Q. Who do you mean by rebels ? 91 A. The Southern people here. Q. Where were you born ? A. In Kentucky. Q. You are a Southern man, too, then ? A. Yes. Q. Do 3'ou call yourself a Rebel, then ? A. No; I am not; I don't mean any disrespect by the word. Q. But you are a Southern man yourself ? A. Yes; but then we differ in politics. Q. I thought the people who differed with j-ou in politics were Democrats ? A. Yes; but then we have two names for them. Q. Rebels is your club name for them ? A. Yes. Q. When did you last have a club meeting at Mou^^t Albon ? A. I am not able to tell you ; we liave not had a club meet- ing there since the riot they got up in July. Q. Have you any information as to how these proclamations came to be read in churches all over the county on that day ? A. I don't know whether they were or not. Q. Is it customary for your people to read political papers in church ? A. No. Q. That is iinusual ? A. Yes. Q. You don't know how it came to be done on that Sunday ? A. I don''t know whether it was done anywhere else except where I was. Q. You took the proclamations to Mount Albon ? A. I did. Q. Yoo directed them to be read ? A. No, sir. Q. You gave them to Cassel to read ? A. Yes. Q. And you sa3' that it is not customary to read political papers in church ? A. No, it is not. Q. Did Crosby suggest that ? A. He told me to carry them to the people, and I told him, *' to-morrow is church day." Q. The understanding between you then, was that they were to be read at church ? A. Yes ; that the rebels were coming in at ten o'clock, to drive him out, and he wanted us to be there and see how it was done. Q. Had he not told you before, that he had resigned ? A. No ; he said, right then, that he was forced to resign, and he did not think that it was legally' done; he said that he woukl be at the Court-house on Monday morning. Q. What did he say that he was going to be at the Court- house for ? 92 A. lie (lid not say ; he said he would take his seat ; he said that lie would be at the Court-liouse. Q. I lliink you said that lio was going to take his seat on iMond.'iy? A. If I said tiiat, I did not mean that. Q. How tar was it from where you were, over to the Grove street road, on that day ? A. I don't know ; about a quarter of a mile; I was on a high place, where I could see tlieni plainly. Q. Could you see what kind of guns the white men had ? A. No, but I eould sec the guns. Q. You could tell a gun from a stick, at that distance ? A. Yes. Q. A quarter of a mile off? A. Yes, they glistened so. Q. Did the}' have bayonets on ? A. No, not when I lirst saw them; but when they were making the chai-ge, they i)ut them on. Q. Did the}' get close enough to hurt any one, when they made that charge ? A. No. Q. You saw them [)ut their ba3'onets on ? A. Yes. Q. You could see the ba3'onets, at that distance? A. Yes. Q. And you sa»v them when thoy i)ut the bayonets on ? A. Yes.' Q And that was a rpiarter of a mile off ? A. No ; not when lliey put the bnyonets on, they were not. C^. llow far were they oil" then, when they put the bayonets on ? A. About a hundred and fifty yards. Q. You sa}', you saw Doctor Quinn ride up and give his horse to old man Banks to hold ? ^ A. Yes. ^ Q. And you were in a house, then? A. Yes; looking out at the door ; the door was wide open. Q. Was Ranks at his house ? A Yes; he and his son were at his house. C^. Wjis the position of the house so that 3'ou could stand in the door and see Hanks' house ? A. Yes. Q. The door opened towards his house ? A. Yes. Q. Do the houses stand I'ight on the road, on the same side? A. Yes; one fifteen steps ot! the road, and the other right on the load. Q. Do the doors open towards tlie road ? A. Ves. Q In both houses ? A. Yes; the door 1 was standing at was the back door, and the door of that room came right ia front of Banks' house door; two doors came together, faced each another. Q. Then that door was in the end of the house ? A. Yes; the back door of the house I was in fronted the front door of Banks' house. Q. And the houses were both on the same side of the road ? A. Yes. Q. What door did Banks' son come out of? A. The front door of Banks' house; and when he came out in the yard, about four steps from the door, Doctor Quinn went to shooting at him, and the boy ran, and made for the cane; just as the bo}^ got to the edge of the cane, I saw him fall; lie did not fall in the cane, only just inside of the cane; he fell right in the edge of the cane; one part of the body in the cane and the other outside; his head fell in the cane. Q. Did you know that he was hit ? A. I knew it the way he fell; he fell at the crack of the gun. Q. You only looked at him a minute; you don't know whether he ever got up again or not ? A. No; 1 knew he was killed by Doctor Quinn being satis fied. Q. You say you looked at him about a minute ? A. Yes. Q. You did not look at him more than a minute ? A. No. Q. You don't know whether he got up any more? A. No; he was killed by his lying there. Q. You know he was killed because he did not aret up ? A. Yes. Q. That is, he did not get up for that minute, while you were looking at him from that door ? A. Yes; and I have since heard that he was killed. Q. But you don't know it ? A. Nd more than I saw him fall, and did not see him get up again. Q. Would you be willing to swear that he was killed right there and then ? A. Yes ; I would. Q. You say that Crosby gave you the Plain Dealer^ with this proclamation in it ? A. Yes. Q. Were both proclamations in it ? A. I had two papers, and there was one in each. Q. And then you had the card besides? A. Yes; Crosby's card. Q. Was that card calculated to make the colored people excited ? A. I don't know; they did not appear to be. Q. Was it not very denunciatory against the "rebels," as vou call them? In— 8 94 A. No; be said the people of the city had rushed him out of oflice. Q. His card was not denunciatory, you say? A. No, sir; it was a ver}^ pleasant thing. Q. But Governor Ames' proclamation was a little bitter ? A. I think it was. Q. You thought that was pretty rough ? A. Pretty roughly worded. Q. But you ssij that Crosby's card was very mild ? A. Yes. Q. But Governor Ames' card was a little bitter ? A. A little rough ; yes, sir. Q. Do 3^ou think that the Governor intended to excite the colored people by his proclamation ? A. I do not. Q. Your people did not seem to be excited ? A. They were excited as quick as they heard the proclama- tion; Crosby's card was read first. Q. From the harshness of the language of the proclamation, you thought that it meant something? A. Yes; there was one thing in that proclamation — thj^t the roiters had to disperse. Q. What did you understand by that? A. I uaderstood, that all men who meant fighting, should lay down their arms and go home about their business. By Mr. Street: Q. Did you say, you met Ephraim Powell and his crowd, coming in ? A. i did not meet them; we came together on the road. Q. How many women and children did Ephraim Powell have in his crowd? A. I did not take any notice; but I saw women that were coming into the city; I suppose they thought there was no harm to be done; and they generally came in to peddle chickens, and so on . Q. Was there a large crowd of women and children with you? A. No. Q. Was there a large crowd of women and children with him ? A. No; I don't think there was; I saw five or six passing with tlicir greens, chickens and eggs, going to town. Q. Did tliey have all their children with them ? A. No, -sir; thej' did not. Q. What was the first thing that Doctor Quinn did when Banks was holding his horse? A. As soon as he turned the bridle over his head and called on Banks to hold his horse, then the boy stepped to the door, and the boy stepped about four steps from the door, Doctor 95 Quinn shot at him three times; the boy broke and run, when he fired at him first. Q. How many times did he shoot at the boy's father? A. One time. * Q. What kind of a gon did Doctor Quinn have ? A. It appeared to be one of these sixteen-shooters. By the Chairman : Q. State whether or not you have ever heard at preaching, on Sunday, announcements made for political meetings or speaking ? A. I have. Q. How often ? A. At two or three diflJ'erent times. By Mr. Sullivan: 'Q. May you not be mistaken about the Governor's procla- mation and Crosby's card, as to their character and meaning ? A. I might; but I have stated what I believe. By Mr. Caldwell: Q. Did you not notice how many women and children there were with Powell ? A. No; T did not. The Committee adjourned until to-morrow, January 1, 1875, at 10 o'clock, A. M. FIFTH DAY. ViCKSBURG, January 1, 1875. The Committee met pursuant to adjournment; all the mem- bers being present. TESTIMONY OF W. B. LEWIS. [^Examination in chief. ~\ Q. You are a member of the Board of Supervisors of the county of Warren ? A. Yes. Q. State where you live. A. At Newtown, Warren county, Mississippi. Q. State what you know about the riot that occurred in Vicksbu rg on the 7th of December, 1874. A. Well, what I know about it is this: We heard the m rmiHtrrt oit llio 7tlt oi' \h'V{^m\)ci\ in l\\i\ cwniu^^ on Siinday, titn Olli; 1 nictin wtt luuu'd tlio ninun'H; wi^ huw h card tlial whh iii|uhI«mI lo conit* iVtun CrnHliy, l,lu< Sluuill, lliiil wix or ntn'tui Itinidi'ctI men liud i-omc and tiikiMi Ids olllfo away tVoni Inin, and ot.liorwiHo inoli*Httid him; tukiui him violently IVoni hin (il)ii-c, and lliat hr had lut <»(.Ii(M' Kuncdy hdt, (^\('(*plin>4 this, to i'(^Mi^n) tli(^ poriition; and thu piHtpIc, upon h(«Mrin>^ that thoy WiWtf invittnl to lumio to town, th(«y did nttt know witat it waH t'tn', Uo «lid n»d. May whrtluT in oonio lor war or to coini^ for juMu-i\ only to ('oin(« to town to hoo uhont thu tronbloH that had oiunrrod; and, t>n Monday uuu'nin^, a good nian^' of tho puo- pli* in lh«< nci^hhorlumd agriuul to conio U> town; Honio of thtin (MinHnlttul with nu^ and (tthor partii^s artuind thtue ; 1 told (luMn that it wonid l>o ratluu' dangoronH to go to town if lluMi^ \\i\H that many nuui in t(»wn, ami they intiMulcd tt> ll^ht; that wo wtu't^ not prt^parcd, and had no rt^gnlar, unilorm order to rtnnt^ t«) t«»wn, that thoy lind lu^ttor wait nnlil thoy oouhl tnH'^ nnno ahont tho matttw, and know l»ott(>r what to do; at tho tiiiiiw timo I hail got two or throo mt>asagt*s from twt> or IhrtHi partioM in N'iiktslmrg; Major I'axt-on and l>r. Shannon roqnorttotl mo to tunno t»» town, tolling mo that tlun-o woidd be a mooting »»f tho Hoaul of SnporviHor.s on 'I'nosday t>r Wi'dnoH- ilay on tlu^ \H\\, I think, or tin* vSih; I Maid that nndor thooir- inunstanotm and oondititm t>f atfidrs, 1 {\U\ not fool myaolf nafe to go; that I w«Mdd not bo allowtul to t^xtu'olso n)y own jndg- imMtt in tho maltor, and 1 knt^w that I wonld ni^t do othorwino, nnlosM I was poworK^ss; thortd'oro, I saiil that I wonld m>t oiuuo; »o I I'onobubul that I had ludtiM'stay away from tlu^ oily until tho oity got. bolltu- Ht^ttUnl; it wonld nv>t lu^safo; alTorwards 1 lu'urd that tluMH^ had bt^^m a tight horo in tho oity, and a nnmbor of lu^opU^ from our sotthunont had atttMupttul to oomo to tho oity; I tttartod with tlu^m, aftor I had adxisod tluMn not to oomo; 1 tohl thorn that tho piH>plo In town had rotiuostotl a mooting to bo ludil vo wore to nn^ot and got ti>gt^thor horo, tlu«r<^ wonld not bo ujoro than two or thrt to I'omo with mo, but to gv> myself and at- tend tho mooting id* tho lioanl; and u\\ father oonoluded logo with me; wo wont, and iiu^t twi* or throe white men on tho ri>ad, thoy oov^ked their gnns and haltiul us; tlu^y saiil {o mo; " You ilamnovl son of a bltoli, p\dl otf your hat;" 1 did ao; and they saiil; "(Jive tue yiujr arms;" I tohl them that I had noihing but a poi^kot pisud ; then they said io i\\\ father: *• Tull oif your hat, you ilamuod si>u o( a bitoh;" my father said: ••>Vhat right have I to pull otV my liat for you ?" Ho »alvl : " I will Uinkoyou i\o it." I said to tho oM uk>ui ; " You havl belter pull otf your hat" Ho then said to him: "Give luo vimr aruvs." 'live ivhl man said: "I have nothing but a povdvot knife;" ai\d ho «howod it to them; the man said: "Wo Uon't want thttt," t)7 Q. Who ware, thnsn nn*ii \t. (jIIIIIIHII. Q. Wctiu they white or colored V A. WhitfMUCMi; tUo.y uHkcd run wImtc I w;i.m ^v"";^i * •"l.jud of Supervl- Horn when Croihy'H renlgnation wan ac-eepted ? A. VeH. Q, Htatit wlr* proHonted that llrHt reni^nation V A. I wan pr<;H(int wlum thct neeond waw pn'Hented; I wan not present wluju the (liHt reMli^nation wan prewe.ntttd; tlu^ He<',on?r ? A. There were men came out, and commenced the battle right by m}^ house; they were white men that came out; the colored men were going back toward home ; there was rather a compromise made, and they were turned back toward home; Co!. Furlong was on his horse a short distance from my house; Col. Miller was pursuing; Col. Furlong had his pistol in his hand, and fired right toward the colored men; and he said: *' Rally, boys, rally;" Col. Furlong shot the first pistol that was shot. " " "* Q. State how many were killtd, and who they were ? A. I only know the name of one man; there was one man killed there that I did not know; they were all colored men that were killed ; there were three colored men killed in the rear of my house; one man's name was Si. Hope. Q. How many white men were killed there ? A. None on this road at all. Q Did the colored men fire on the white men there ? A. Not that I know; there was one man who acknowledged he fired; he was shot; they shot him through the thigh. Q. You stated three colored men were killed; how many were wounded ? A. I don't know; only Abe Walker; I don't know whether there were any more wounded on that road. Q. How many white men were wounded there ? A. I did not hear of any one at all. Q. You stated, I believe, that when the firing commenced the colored men were goiig out of town ? A. They were retreating, going toward home. Q. How far were the colored men from Vicksburg when they were fired on b}' the white men? A. A little over a mile; just the other side of my house. Q. What did the colored men do when the white men fired on them ? A. I don't know; they ran; they scattered ; the white men killed Si. Hope in the branch; the old man lay there all night, and the next morning he was taken out; one man lay on top of the hill, and another in a big hollow. Q. Did the white men continue the pursuit of the colored men an^' distance ? A. Yes; a good distance. Q. Were thev on horseback? In— 9 no A. Yes; the cavalry were. Q. Do you know anything of any fighting on any other road, except the Grove street road ? A. No; only i'rom what I heard them say. Q. Were an}' demonstrations made toward you by any per- son y A. One man — I don't know who he was — said: "There is a fellow in the yard there; let us pop him; " the other said: " No, don't let us trouble this man; he is in his own lot." By Mr. Sullivan: Q. You were at 3'our own house ? A. Yes. Q. And the white men came b}" 3'our house ? A. Yes. Q. Had the colored people gone b}', when the white men passed your house? A. Yes; they had come inside of the city limits, and when the compromise was made, that the colored people were to go back, they were going back, when Col. Furlong took out his pistol, and said, "Rally, boys, rail}'." Q. Then several others commenced firing? A. Yes; then the whole company commenced firing. Q. And the colored people commenced scattering? A. Yes; in the hollows, and then they crossed from the Grove street road over to the Jackson road, where there were other colored people; and there was some heavy firing over there. Q. Then the whites followed them over there ? A. Yes. Q. Are you positivel}' certain as to who fired the first shot? A. Yes; I am well acquainted with Col. Furlong. Q. You saw him raise up his pistol and fire? A. Yes; and I thought it strange; I took him for a friend all the time, and he was the first man to say, fire. Q. You were not notified 3'ourself to come to town ? A. No, sir. Q. The colored people did not seem as though thej^ wanted to fight much ? A^ Thc}^ did not seem anxious; the leader, Andrew Owens, was pretty brave, 1 thought. Q. They appeared as if they were taken by surprise ? A. Well, they had some guns with them; and some had walking sticks, but there was none of them prepared for bat- tle, or but very few. Q. Do you know of any houses having been searched in your neighborhood ? A. Yes, sir. Q. State what houses have been searched, and what property taken, and the manner in which that searching was done. A. I was in the road when they came along to search; there Ill were two or three men and a dozen small boys, white boys, altogether; tlie boys got up and said to me: " What have you got here ?" I said: "I have nothing." I was at the side of the road. They then felt my pockets, and felt all around, and one of them said: "I want to see for myself." Of course, I was compelled to let them do as tiie;/ pleased; they searched a great many houses in town here; they did not do much searching in my part of the country. Q. Do you know of any property having been taken away by these people ? A. No, sir; I do not; there was one woman lost a mule, they took away; she said they had taken a mule from her, and she wanted to know what action to take to get it back. Q. She told you that she had lost it, and that they had taken it ? A. Yes. By Mr. Caldwell: Q. Do you know of any secret oath-bound political organi- zation, consisting exclusively of colored men, in the county of Warren ? A. There used to be, but there is not now, that I know of; but in the time before the election, they were holding meetings very regalarl}^; I cannot say that there are any important societies now among them. Q. Yousdon't seem to answer the question. I asked you whether you knew of any secret oath-bound political organiza- tion of colored men, and you said there used to be. A. Yes; there used to be some secret societies. Q. What did you call them ? A. The Union League. Q. Was that composed of white or colored men ? A White and colored together. Q. Then you don't know of any secret organization of just black men entirely ? A. No, sir; none at all. Q. How long is it since those Loyal Leagues have been in organization in Warren count}^? A. I think it is, may be, a couple of years since they held any meeting; I belonged to it myself; but it became adulter- ated some wa}^ and has not been carried on for some time; it got badly adulterated. By Mr. Cessor: Q. You say that you were in your 3'ard and sojne gentlemen came riding by, and ihey threatened to shoot you? A. They were not riding, they were walking. Q. And they stopped and threatened to shoot you in your yard? A. Th'ey were not talking to me exactly; they said: *' Yott- der is a fellow; let us shoot him down," 112 Q. Did you know those men? A. No, sir; the}' were a parcel of 3''Oungsters here from town; I don't know any one of them by name; it was a parcel of l)oys raised he>'e in town. Q. Who were those who searched you? A. I don't know their names; there was a white man out there*, and I asked him, did he know them? but I cannot re- member now; it was not men that searched me, it was boys. Q. Do you feel that there is any danger in your comming before this committee and making oath to everything that you know about this matter? A. Well, there may be danger, but I am not afraid of it now; I did hear that the Colonel said — but I did not hear liim say it m3'seir — that the first man tliat said that he fired the first gun, he woukl shoot him; that was Col. Furlong. Q. Do 3'ou know anybody who does know who those parties were who searched you? A. I think I do; a white man, who has got a little grocery b}' me, Mr. Murphy. Q. What IS his first name? A. I don't know; he is an Irishman; he lives on Grove street. By Mr. Street: Q. Did you have any Democrats in 3-our Lo3'al League? A. I think we did. Q. Who were the3'? A. I think there were some; but I think it was them that broke it up. Q. Would you have let them in if 3-ou had known that the}^ weie Democrats? A. No; the Lo3'al League was not composed of Democrats at all. Q. A man had to agiee to vote the Republican ticket before they would let him in? A. Oh, yes; we didn't want any but Republicans in it. By Mr. Allen: How far do you live from town? A. About a mile from the Court house. Q. What time in the morning did these colored men that were out there get to your house? A. They passed my house in the morning coming in; and then they passed it again going out after the compromise was made. Q. You say^ they made a compromise? A. Yes. Q. What was that compromise? A. That was, tliat thcN' were to return to their homes, and were to have no fuss at all. Q. Who was that compromise between? 113 A. Between Horace Miller and Andrew Owens, who com- manded; that is what Owens told me, that that was the com- promise. Q. How many of those colored men were there? A. In the sqnad that came in, I think there were about a hundred and titty; and there was about eighty guns among them. Q. How many had pistols ? A. I don't know; a good many had pistols; the Captain of the squad, I know, had only a pistol. Q. How far had they come toward town, from your house, before they turned back? A. About half the distance. Q. How far was that? A. About half a mile; I live about one mile from the Court- house. Q. Then you don't know, of your own knowledge, that there was any compromise made at all? A. Only from what they told me. Q. Did'the first firing occur before your house, at 3^our house, or after they had passed it? A. After they had passed my house going back, right m sight. . Q. The colored people were going home when the firing com menccd? A. Yes. Q. Were thev going all in a body? A. Yes; and"^ never broke until they commenced firing on them; then they scattered over the hills, in different directions. Q. Did you see any of those men killed? A. I saw them after they were killed. Q. Did you see any of them killed? A. I did not see them when they fell, but while they were lyinf? there ; there was one man lived about half a day. Q' You know none of the killed, yourself ? Q. Then, if you did not see them when they were killed, how did you know they were killed running? A. I have a right to believe they were, from the position they lay in; one man was lying in the branch, with the balls right in the head, over the eye. Q. If that man had been killed running, and if the white men were behind, he would have been shot in tlie back; how do you account for his being shot over the eye? A. He was in the branch. Q. But 3^ou say that he was running toward home; how could a man, following on behind, shoot him in the eye? A. There was something wrong about that; I looked at him. Q. How do you account for that? A. I tell you, anyhow, I was told by parties, that he was lying in the branch, trying to hide, when he was shot. 114 Q. Then he was not running when he was I3 ing in the branch? A. There was one of the men that was running; one was running and the other trying to hide. Q. How do you know that the other was running? A. He was about to run; he was in the branch, tr^'ing to get out of the way. Q. You think he was running, because he was in the branch? A. I think he was trying to make his escape. Q. Do you know, of 3'our own knowledge, that any of these men were running when they were shot? A. No; only what I heard. Q. You said these people searched a great many houses in the city ? A. Yes. Q. Do you know that' to be so, or did you only hear it? A. I heard that; a man living two miles from town told me; Peter Clay told me that he had some cotton, and they scattered that all over the yard; another man and Clay said, they cut his bedstead open and took twenty dollars out. ^ Q. This you don't know yourself? A. No more than what he told me. Q. You don't know of any house being searched of your own knowledge?' A. No, sir; only from what they told me. Q. How many colored men were killed in your neighborhood? A. Three killed. Q. Where were they shot? A. I never went to but one; but there was one man that was shot running, when he tried to make his escape; he appeared to be shot through his leg; he kept on raising up and falling down; he was in a hollow; nobody went to him; in fact we were afraid to go to them; he died in about half a day. Q. You say that Furlong fired the first gun? A. Yes. Q. What is his politics — is he a Republican or a Democrat!" A. I would father take him to be a Democrat. Q. W^as he not elected as a Republican? A. He was at one time. Q. Was he not the last time? A. Yps; I think lie betrayed his trust. Q. Why do you think so? A. By firing on his friends. Q. He fired on the colored people? A. Yes, sh*. Q. Have not the Republicans got any friends except colored f A. Yes. Q. You think then that he is not a Republican, because he fired on the colored men ? A. I don't think that any man who fires on his friends is a good man? 115 Q. I am not talking about who is a good man, but a good Republican? A. I wouldn't take him to be a Republican. Q. Has he renounced the principles of the Republican party? A. I don't think he has Q. Then this don't seem to have been a fight between the Republicans and Denivjcrats entirel}^; there seems to have been Republicans on the citizens side? A. I don't think there are many like him; I thought at one time that he was a good man. Q. Did he not belong to the Loyal League? . - A. Yes; he was one of our leading men. Q. He used to be the Republican Sheriff here? A. Yes. Q. And before that he was a Union man and a Federa. sol- dier? A. Yes; the boys of the Union Lei^ue made him ShenfT the last time. Q. Was there any other Republicars among those white peo- ple that you knew? A. No*; none that I knew; there was such an awful destruc- tion on that morning a man did not have much time to see who the persons were. Q. Did Furlong fire in the direction of the people who were running^? A. Yes; he just raised up his pistol and fired down the road, and hollowed: "Rally, boys, rally;" he was right in front. Q. Did he look prettv game ? A. Yes; he looked like he meant fight; I thought Col. Mil- ler was a better Republican at that time than he was. Q. Col. duller did not show much fight? A. He did not want any shooting at all ; he wanted every- body to turn and go home; he raised up his hand and said: " Don't shoot ! don't shoot ! " After Furlong told them to rally, all the guns started. Q. Did the colored people do any firing ? A. I know but one man; this man who is here in the next room ; he says he fired. Q. Where was he ? A. He was about a half a mile from my house when he fired. Q. Did 3^ou see him fire ? A. The ball came through my yard, and he told me he fired. Q. You don't know that he "fired, or that any colored men firep.t, out at the bridge. Furlong's men, and his erew lu)llowed and shot; he hollowed: "Rally, boys, rally," and then they just went to shooting; then I went aeross by Capt. Smith's, to the road at my house, and 1 stayed there and looked at them until they had killed some men; and after they liad killed some men, they went up to them and shot them ag:\in, while they were lying down ; they said they would kill all these negroes; I did not know what to do; 1 broke and ran, and they shot at me; I did not have anything; T ran home; 1 did not know what to do, but I said to myself: "Well, if any man has got to kill me, he has got to kill me with arms, sure;" and I ran and got my gun, and then they just turned loose on me; I oidy made one tire; and then one ball struek me in the thigh, and one went through my pants down here, but it did not hit my leg; I have been lying w}\ and have not done a bit o[' work for twenty six days. i.^. It is not twenty-six ilays sinee the fight ? A. T eouut Sundays and all; I may make a mistake of a few d.'iys. Q. Alter they hit you in the side, what did 3'on do ? A. 1 went in Mrs. INIiller's house, and then Captain Smith came with a erew of men and took me to jail. Q. That is all you saw V A. Yes; that is all I saw of the tight. Q. Was your house searehed, or anything taken away ? A. No; my gun was taken; I don't know whore it is. \\y Mr. Street: Q. I low many men did you see killed ? A. llefore I got shot I saw two killed. Q. And vou saw white men sluH)t both of them after they had fallen? A. Yes. Q. W ho were those twc^ men that were shot ? A. 1 don't know who they were; I know they were eolored men; they passed right there on the road.* C^. Were they killeil by men on horsebaok, or men on foot? A. Men on foot. Q. llow far were you tVom them t A. 1 passed right along by tluMe; I was not over a hu:idred yards from them. Q. Was the tight right at your house t 123 A. lvi<;ht below my lioiise. Q. How far was the light tVoiu your liht have been fort}^ yards apart. Q. You saw him also ? A. I saw him also; right in the ba3'ou; I saw him when he fell. Q. IIow many bullet holes were there in him? A. I don't know; but he fell, and he is dead. Q. Did anybody go there to him? A. Yes; some women. Q. Did one of the men go to him? A. Yes; some white men; they kicked him over, pulled him around, and went otf. Q. IIow many did you see killed ? A. Three. Q. Where was the third one killed? A. Just a piece from the other, about twenty yards, may be, from tlie other. Q. What did the}' do to him ? A. lie was not quite dead, and they shot him twice again; shot at him ; I was quite close b}' there. Q. Did they go up to him before shooting at him again? A. Yes; right up on him, and shot at him with pistols. Q. Those men were on foot, you say ? A. Yes. Q. Was there a man killed in the branch an} where close by there ? A. That was one of the men that was killed ? Q. Where was he shot ? A. I don't know. Q. Was the man killed in the branch the one that was shot twice ? A. One was shot three times, on the hill; the one that was shot twice, was in the branch; that was Si. Hope. Q. He was shot twice? A. Yes. Q. And you saw him when he was shot? A. Yes. Q. Was he running when he was shot? A. No; he got in the branch, to hide, and they shot him. Q. Was that a good place to hide? A. Yes; it was a good place; you couldn't see him, unless you gjt right up to him; they went down there and shot blm again. Q. Was he hid in a good place? A. Yes. Q. Were there any bushes around ? A. No. Q. How deep was the branch? A. Over my head; there was a big bridge there, and you would have to come right up on the bank to see him. 127 Q. How far were 3'ou from him ? A. I was about a hundred yards from him. Q. Now, how could j^ou tell that these men went down there and kicked him? A. I did not say that they went down and kicked him. Q. How could you see tliis man in the branch, that these men went up on the bank to shoot? A. I saw the report of the pistol. By Mr. Caldwell: Q. See and hear, too ? A. Yes. By Mr. Allen : Q. What does the report of a pistol look like? A. First, it looks like powder burning. Q. Were these men down in the branch when they shot him ? A. The men that shot were up on the bank. Q. Did you see the man in the branch, at all? A. When I first saw him shot he was not in the branch, but he dra.2;ged himself down to the branch, and they shot him. Q. You saw him when he was shot the first time? A. Yes. Q. Was he going the other way — away from the white men? A. They all were going the other way. Q. He was likely to be shot in the back, then? A. I don't know. Q. Did he have his back turned to the white people ? A. At the time he was shot, he did. Q. At that time he was running? A. Yes. Q. You are certain of that ? A. Yes. By Mr. Street: Q. How far had they gone with the fight, when you got your gun? A. It was might}^ near all over; when the men got down from the street and hallowed, " kill all of them niggers,'" I didn't know what to do; I knew I was innocent, and I thought if they wanted to kill me, an innocent man, I'd have my gun. Q. When this man was taken b}* the foot and dragged, was the general fight over ? A. No; the general fight was not over then; but the men were running in a hurry. Q. Do you think it was the intention of the white men to kill all the black men they could find ? A. I have to take a man at his word. Q. Do you think it was their intention ? A, I don't know the intention of a man. 128 Q. What do you think about it; do you think the}- wanted to kill nil the black men they could find? A. When tiie lighting was going on it looked like it. Q. What was the reason that they did not kill more than thn-e then ? A. I don't know what was the reason. Q. Don't you think that they could have killed more if they had wanted to ? A. I don't know what they could have done. By INIr Oessor: Q. Do you know any of the parties that did the shooting? A. No, sir; I did not know them. By Mr. Caldwell: Q. Did you know the parties that dragged this man by the foot ? A. No. Q. I suppose, seeing him dragged b}^ the leg, and hearing the report from the pistol, and see the smoke, 3'ou were satis- fied that they killed him ? A. Yes. J. W. BOURNE, Being duly sworn, says: . [JExamination in Chief.] By Mr. Sullivan: Q. State your occupation and residence ? A. I reside in Vieksburg, and am the Assessor of this county. Q. You were elected wlien ? A. I was appointed by Gov. Alcorn first, and then elected — this is the second term — in 1871 and I 73. Q. Were you in the city of Vieksburg when a committee from the Tax Payers' League was a[)[)ointed to demand the resignation of certain county otlicials ? A. 1 was not present at the time the resignation was de- manded; but 1 was in the Court-house. Q. When the demand was made for Peter Crosby's resigna- tion, you were in the Court-house ? A. Yes. Q. Was any demand made of you to resign ? A. No, sir. Q. Was any demand made of any white olHcial to resign his office in this county ? A. Not that I am aware of. By Mr. Ccssor: Q Were 30U about here during the fight on the 7th of De- cember? 129 A. No, sir; I was taken sick on Friday evening, on my arri- val tVoni Jackson, and confined to nij* house for eight days, during ull the dillicultics. Q. You saw none of the shooting at all ? A. No; I only heard it opposite my house on Tuesday the Sth ; three shots were lired; tliey told me that they had shot a man on the opposite side of the street, inside of a house ; he was a crazy man ; they called him Crazy Tom; he was an inoffen- sive man; did nothing but fish and hunt. Q. How many colored men do you suppose were killed during those troubles, from the best information you have? A. As 1 stated several times, I did not tliink that there were over fifty men killed; but since then I have learned of men having been killed outside of the city limits that I wjis not awaie of at the time; 1 judged from all the information I could gather on Tuesday, that there were between forty and fifty men killed; but since then, I have learned of others. Q. How many altogether ? A. I suppose ten or twelve more — perhaps fifteen — sixt3'-fivo altogether. Q. Did you see any colored men in arms ? A. I did not. By Mr. Allen: Q. You are the Tax Assessor of the county ? A. l''es, sir. Q. And have been for five 3'ears ? A. Yes, sir. Q. You say that you have never .been requested to resign your office ? A. I have not. Q. In your judgment, what led the Tax-Payers to invite Crosby to resign; was it for the reason alone that he was a col- ored man? A. Well, I don't know that that was altogether the reason; I think they considered his bond insullicicnt, and at the same time his color had some bearing upon tiie case. i}. Are there not a great many colored officials in the county, who have never been requested to resign? A. No, sir; none whatever, except what ran away or were killed. Q. How about the County Treasurer? A. He is an exception. Q. Are there not members of the Board of Supervisors who are colored men ? A. Yes. Q. Hmvc tliey been invited to resign by the tax-payers? A. I don't know that they have. Q. Have the various magistrates, Justices of the Peace and Constables been asked to resign? A. One has in this city; Brooks. Q. Who asked him to resign? 130 A. The tax-payers; at the same time and on the same day. Q. Was he waited on by a committee? A. Yes; I think he revoked it afterward. Q. Then you sa}' that there are a good many county officials here who have never been asked to resign? A. The Board of Supervisors; I don't know that they have ever been asked to resign. Q. Has Davenport ever been asked to resign? A. I don't think he waited to be asked. Q. Has he been asked to resign? A. I think they asked him to resign; and he asked them to give him a half an hour to consult his attorney. Q. Do you think his color was the cause of that request? A. In his case I hardly think it was. Q. You don't think it was on account of his color? A. No. Q. What do you think the cause was of that request made on Davenport to resign? A. I think the}* found that his books and papers, after a thorough investigation, showed that he had been direlect in his duties, and guilty of misdemeanor in office. Q. What is your politics? A. I am a Eepublican. Q. You were in Vicksburg on the 7th of December, the day of the fight? A. Yes, sir. Q. Do you think, under the circumstances and the state of feeling here, that it would have been prudent to have allowed all those armed colored men lo have come into the city? A. I don't think they would have harmed any one; I think their intention was to come to the Court-house. Q. What is your reason for saying that ? A. I know the colored people so well in the count}'; I know their class of men, and I know their reasons, and that their feelings toward the white people have been kindly, except po- litically; otherwise the}^ have got along harmoniously. Q. Had it been the custom of the colored people to come in such numbers into the city of Vicksburg? A. I knew of no great excitement at that time. Q. Did you not know of the proclamation of Crosby ? A. No; not at that time; I saw it afterwards. Q. You could not have known anything then of the excite- ment caused by it ? A. I think there was considerable excitement. Q. Don't you know, from what you have heard, that the colored people in the count}' were very much excited over Governor Ames' and Crosby's proclamations? A. No; none on this road — the Yazoo valley road — were ex- cited on that morning, the 7th of December. Q. You have not been informed then, that these proclama- tions were read all over the county on Sunday ? A. No. 131 Q. Do you think it would have been safe to have allowed a large body of armed men, from the country, to have come into the city on that da}' ? A. Not if the white citizens intended to attack them; be- cause that certainly would have brought about bloodshed; but I honestly believe,' that if three or four good men had gone out on the road and taken Crosby with them and brought Owens in, that every one could have been turned back to their homes, and that they would not have attempted to come into the city at all. Q. Who do you think was responsible for the attempted in- vasion of Vicksburg on that day ? A. I could not say; under that proclamation of Crosby's, to come in and sustain him as Sheriff, under the existing law, they certainly had as much right to come in here as the white citizens had. Q. Do you think that Crosby's proclamation was in accord- ance with law ? A. I think that the terms were more harsh than necessary; I think it could have been couched in milder language. Q. Don't you think that that proclamation of Crosby's had a very exciting tendency among his friends ? A. I cannot tell to what extent it was read. Q. But with those to whom it was read ? A. With a certain class — yes. Q. From the spirit of the proclamation and its language, don't 3^ou think it had a tendency to excite his friends very much ? A. I think it would, especially if they thought that the Sheriff had been badly treated; it naturally would; still, I think, not to that extent, but what they could liave been controlled. Q. You reside here ? A. Yes; I have been living in this city three or four years. Q. Have you ever known, on any previous occasion, so many armed colored men attenapt to enter the city in a single day ? A. No, sir; I^never knew an occasion of that kind. Q. Being in the city at the time, do you believe that if Gov- ernor Ames had come to the city of Vicksburg in his official capacity, and called a meeting of the people, colored and white, and stated to the tax- payers in the first place, that he recognized the existence of these troubles here, and that he, as Governor, intended to see that the laws should be faithfully executed, and that if Crosby had not made a good bond, he must make a good bond, do you believe that that would have averted the troubles? A. I think that it would have been an unprecedented case, his coming here; I don't think it had anything to do with it at all ; I don't think they would have paid any more attention to him thai! to an}^ one else; I am just judging so from the tenor of the organs. Q. P^'om the ntwspapers ? A. Yes; the organs of the city. 132 Q. Were the newspapers conducting these troubles here? A. They have had a heap to do with it. Q. Do 3^ou know anything about the cause of complaint on the part of the tax-payers, about the insufficiency of Crosby's bond ? A. I think that that was one complaint. Q. Do you know anything about it ? A. I understand they say — the tax paj^ers say — that the bond is utterly worthless. Q. About the time these troubles came up, and this demand was made on Crosby to resign, was not that during the tax paying time ? A. Yes; the books were then open for the collection of taxes. Q. And the largest portion of the taxes would have been collected within the next thirty days ? A. Yes. Q. And it would have passed through his hands? A. Ye,. Q. Both State and countj^ taxes ? A. Yes. Q. Who paid the largest portion of the taxes ? A. The land-owners, of course. Q. The white people or the colored people? A. The white people own the largest portion of the land. Q. You are the Tax Assessor ? A. Yes, sir. Q. About what proportion of the taxes do the white people pay in the county ? A. I should say four-fifths. Q. What is the proportion of colored and white citizens in the count}^ ? A. I suppose they are colored three to one. Q. You know nothing of the fight on ihe 7th of December ? A. No; on 13^ what I heard. Q. Through what means do you derive your information as to the number that were killed here ? A. From colored and white citizens; I just divided the dif- ference; most of the whites say that seventy-five or a hundred were killed; I think they rather magnified it. Q. What do the colored people say ? A. They don't think there were so many killed. Q. How many do they say ? A. I have heard some say twent}' five, some thirt}', and some fifty — not over fifty; but I don't think they had any definite means of arriving at the number of killed. Q. Do you know of any effort on the part of the tax-payers to have the Board of Supervisors called together to inquire into the sufliciency of Crosby's bond, and require him to give a new bond ? 133 A. Yes ; and they met, and the bond was accepted; I was present at the time it was accepted. Q. When was that bond accepted? A, I don't remember; it must have been about six weeks ago, perhaps two months; the minutes of the Board will show. Q. State whether, when the bond was presented, there was not objections urged as to the sufficiency of the bond? A. Yes. Q. B}' whom? A. Generally by the same parties. Q. By what is known as the tax-payers ? A. Some were tax-pa^-ers, and some did not paj' a cent; those that made the most noise paid the least. Q. Those that belonged to that organization? A. Yes; they said they did. Q. Who were those men making the most noise and paying the least taxes ? A. Men livino" in town. Q. You know them — name them? A. I don't desire to answer that; I decline to answer that question; there are only three or four active white Republicans in town, and they have to sing mighty low. Q. Is not Judge Morris a white Republican? A. I believe he claims to be a Republican. Q. Is not Gordon Adams a Rejniblican? A. I don't know; he has not affiliated with the party. Q. Is not Fied. Speed a Republican? A. He has not been in politics. Q. Does a man have to be a politician in order to be a Re- publican ? A. No; not by any means ; I don't know what these men are, or whether they claim to be Republicans or not; they have taken no active part in politics ; I don't know that they have ever voted; I don't know whether they have affiliated with the Re- publicans. Q. How do you know that there are only three or four white Republicans here? A. I mean those that are allied with the Republican party as it stands to-da}^; those who take an active part, and those who take an interest in the candidates on the ticket when nominated. Q. And adhere strictly to the ticket? A. Yes; taking an interest in it; I have not heard of Speed or Adams taking anv interest in the Republican part}'. Q. Are they not recognized as Repuldicans? A. I have not heard tliem spoken of recently in connection with the Republican party. Q. Is not Furlong a Republican? A. You know as much as I do about that; he sits in your body; he is not so regarded — as a Republican — to-day; at least 134 ho is not nlTlliatiniy with tiio Kvpuhlioans to-day; though, 1 bt^lii'vo, \\v rlniins to hv n KrjublicMU. C^. Mow is ('apt. [.like w^ixawWdY A. 1 think ht> is a kind of Couservativo. Q, Ami not H Kt^piihlii'nnV A. A Consorvaiivo lvoi)iihlioan; I don't consider him a citi- Kcn of tho place. Q. I (hv^ireti^ know, now, \vhut ymir iletlt»ition ol' an active Kepublican is V A. I uican a n»an who takes a deep interest in tho welfare of the Repuhlican party, and in the selection aiid electii>n ot" its candidates. (^,. Von were here on tluMlay oi' the light? A. I w as here. Q. Were yon on the street that day ? A. No, sir. Q. What is unir iiilni luniiou as lo who participated in that (Ight, or is it not yonr int'ornialion that all white i'iiizens in Viekshnrg, irrespective of party, participated in it V A. No ; 1 know one v/ho positively refused to go ont. Q. Were there not many lvepiil>licans that did gi> t>nt V A. Nv>; 1 kiu>w of no Kepnblicans that w\ntout. Q. l>id not Adams go (^nt V A. I don't know wlu^thcr he did or not 1 am not aware of it, Q. Yon think, then, that that tight was strictly a tight be- tween tl»e l>emocratic and the Kepnblican parties V .\. N\>. sir; I don't say anythi!jg of the kind. (> !>v> \on know of any Oemocrats that fought on the col <»red side oi' this ipiestim^ V A. Having been in my house on thai day, I wouUl hardly know. (^.. Have yi>n heard of any Republican who toughi on tho white sivle V A. I don't know o( any, i}. 'riien it uas strictly a party tight, you think : A. I don't know that it was; 1 don't km>w that the party had anything to do with thi' tight; the line was drawn pretty cU>sely betwciMi the colored and the whites. C^. It was more, then, o( a color tight than a political tight? A. I think it ternunated tinally so; they ran pretty heavily on the cv>U»r Hue; the line was pretty closely drawn when tho tight cv>mmenced. By Mr. Sireet: C^> l>v> you know i'^i' any white ottlcial in this county who has bci'n indicted for nialfeasauee in otUce, vu* whoso bond is regarded as insnlllcient ? A. No; I do not. liy Mr. Sullivan: l^. \on say it was tho tax payors that asked tho oUicials to 135 resign; wovo there not parties participaiin;[>; in iUo. iiiootinn the Yazoo Valhsy road on the morning of the 7th ol December? A. I learned thattiiore were between two and tinee hundred men came in on that road; they were turned back bi'yond the National Cemetery, by Mr. iMcCIee and Mr. Axelson, two white Republicans, and also by Mr. Chavia, the Ile[)rosentative, a colored man; in fact, Mv. Mc(i(;e stopped to see m(; at my liouse, and tohl me that Crosby had riMpiestcMl hiui to stop .all men coming in on the Yazoo Valley road, if there were any armcid men coming, and to request them to gll,l) fUi orMiHii/iirlJoii III. Miiil' (Juki I.o jircVdiiL Uut pnynKMil ol' 1(IX<^h Miroii.^liMiii, llin SImIu? A. 1 iloii'l, Iviiosv wImiIIimi- It, wiiH lor Mitit |>in|*MM or iiol.; Imt [ llHV(« ItiMtnl il atiid Hint UiU wmri only tin inMii*j;iiriitiv(t inovtr liMMili wliicli wonlit lliitilly tixlninl tliroii^lioiiL Uk^ Hliit». i-l Do y*>ii I'liiitiv Miiti il, Would \n\ hiiI'm for it l[n|MiM|i'iin to toHtlly mi^mIiimI. indlvidniiU mi'j.iiu.ud In tlin lutu liot und liiiiur ri<«tloiiV A Nil, lilr, I doii'l lliiidi It would Ity INIr Ntrtioti i|. Do ytUI know Wlllit tour. Ill Ui«^ , Illy Am-Ixmi (iimI IMrliiu^ turned tlioRiti iiKUi luudi on tli(« Yu/.oo Viilliw road ? A, lli havtt hi't^N ciiUmI \iid(MiO(t; ImiI. \vh> ii paitioM gut ttxuittMl and a intd) liUM ronlrni, it. \n hard to ^«u. any lutliuun'o ov»u' tluin. (jl, On (ho day (d' Iho it^MUumut of tho pioclainitinn of Do- t'tuidnu' 5, 1874, l»y tJov. Anu»«, wh« thoru any rloious m dinor- ilorlv piUHiMirt in \'U'k»ilMir^; mi thill Satiirdiiv was liicr.' a iindi hortv? A I was iu»l prrwiMil. Iuu(\ and tMiild not Ma\ . i:{7 (,1. I)l'' of (/V*>M(>y V A, Not i)n*t f JlKI ttW/lK- '/I, A. I (/*^)ln wiU< uu olM',rttHy Mrnne4, IJy Mr, OHIj il Iht ytm iUlnk iUnt H wonl'l liavt* hm$t (/roj^wr for (>ov, A»M'i< to httVi< tuttiio, intra U) <'or/<)>rofiiU« wjtii it unui^n^r of /n«'/«, who i-iiu'tui'A Ut \n% if not t.ftnli oWiui, »,t )* u»»t j/rt'uily Jn i\m'in'i*j\ \f\ Mr, M<;(/ MonMMt«(t4fnt, on /i'l<'*»lr« to JntJ/n)'J/tt*< th<^ c^olor^a vot''r«, *»o a« v» (>r<'V<'iit tlM^Jr votlnf< uX fntnr<{ nimiiiifHH V A, Jt J//ok»'ouu«l loni lij/ori whut )m< hta^^'i U'm opinion, H'iiflitttnthority; ttnov/ " Hy Mr, r;«)/Iw«ll; ••^ If til*? W)mU< |/*:Oj/H' »/fl/t M'l UM- '»/('>f«'i l/«'/J/M' '',»»)( )f/ thtj city in Um? 7th oi IfoA'^mintr, 4o yon ht^l)<;vt5 tlitTf, wonhl 138 have been any fighting or disturbance, unless the white people had fired on them ? A. Not if they had acted as set forth in my testimony; if they had sent out two or three prominent men and met these parties, they could have been turned back without any difficulty. Q. Would there have been any fighting done, if the whites had not pursued them and fired into them ? A. I cannot say, not having been an eye witness; but from what I know of the colored people, I dcm't think it was neces- sary that there should have been any bloodshed; I think they could have been controlled without it. By Mr. Allen : Q. Do you think that the colored people were more peace- abl}' disposed than the white people ? A. [ do, most assuredly. Q. Do you think that these prominent white men would have had more influence with the colored men than Adjutant General Packer ? A. I think they could have had just as much influence; I believe so, because when Senator Furlong was elected Sheriff of this county, during the melee when this street was crowded with colored people, and a riot had commenced below, when Senator Furlong was attacked, Col. Miller got up and made a speech here, and they all quietly got up and went to their homes: and ihey were more excited then than now. Q. When was that ? A. At the November election, in 1871; Col. Miller made an address to the colored people when the streets were lined and crowded, and a mob had just attacked Senator Furlong. Q. Col. Miller addressed himself to the white people then ? A. No; he spoke to the colored people. Q. Was there a mob of colored people ? A. No; the mob was down town. Q. The crowd was up here (by the Court-house) voting at the time ? A. Yes, sir. Q. What do you think constitutes a mob ? A. Well, I don't know; they say it takes three to make an unlawful assemblage; the colored people are easily controlled, if you can get them quiet, so that they will listen to you. MARGARET THOMAS, Being duly sworn, says: [Examination in Chief.] By Mr. Sullivan : Q. Were you present, on the 7th of December, and if so, state what you know about the killing of Tom Bilterman? I 139 A. The cavalry came along, on Tuesday night, after the fight on Monday. Q. AVhat sort of cavalry — white or colored? A. Tlie}' were white men; I was sitting down at the fire, with my bab}'; and these men halted at the door, and said: "We had better go in;" Tom was in my house then, sitting down; he got up and went to the doov; these men said to him: "Hallo, have you any gun in there?" Tom said, "yes;" they asked, " whose gun is it?" he said, /' it is mine;" and they said they wanted it. Q. What did Tom say tlien> A. He said: "You can't get it, it is mine;" they said, "we can't get it, you say ?" he said, "no, sir;" they then hauled off and shot him. Q. Did they come in the house? A. No; the}^ never came in until after they shot him. Q. What did they do after they had shot him? A. They asked where was that gun; I told them, "there it is," and I showed it to them, and thev took it. Q. Was Tom Bitterman white or colored? A. He was a black man. Q. Had he been engaged in the fight ? A. Not that I know of. Q. Was he an inoffensive, quiet man? A. Yes; he was an old man, seventy years old. Q. Did they take anything else but the gun? A. No; only one man came in, and he said, "Auntie, he never would have been shot if he had given me the gun." Q. Do you know who that man was? A. He was a heavy set-man, with a clean face. By Mr. Gill: Q. Do you know whether this was Tom Bitterman^s gun or not? A. I don't know whether it was his own or not; I heard him ss.y, two or three weeks before he was shot, that it was not his gun exactly, that he had borrowed it. Q. He did not say who he borrowed it from? A. No, sir, he didn't say. Q. What was his business? A. He just hunted all the time, when he could; he was an old man; he could not do any work; he hunted and fished. *By Mr. Cessor: Q. Do 3'ou know anybody who does know who shot this man? A. No; I don't know who shot him. Q. Do 3'ou know anybody who does know, then? A. No; I don't know. 140 By Mr. Street: Q. W'li.'it kind of a nun was it? A. A double- barrel Lit nine o'clock, as near as I can judge. Q. Did he die? A. Yes; he was killed. dead. By Mr. Allen: Q. You say that he went to the door? A. Y^es, sir. *• Q. And they told him that they wanted that gun ? A. Yes; and he told them that the}' could not get it. Q. That was all that })assed ? A. Yes. Q. And then tiie}' shot him? A. Yes. Q. How many men were there in that party ? A. I don't know how many; there seemed to be seventy or eighty. Q. Were they on horseback ? A. Some were on horseback, and some were walking. Q. Did you get up out of your seat? A. Yes, sir. Q. What did the man say when he came in the house? A. He said: ''Aunty, where is the gun?"* I said: "Up there," and showed him. Then he said: "Aunt}', he never would have been shot, if he had given me the gun; all I want is the i.nin." By ISfr. Sullivan: Q. Was he not a half-witted, part idiotic — a sort of foolish old man ? A. Yes, sir. Q. He was almost an idiot ? A. Yes. By Mr. Allen: Q. They could not have told from the answer he gave but what he was a man of good sense ? A. 1 don't know. MICn.\EL SLATTERY, Being duh' sworn, says: [Examination in chief.] By Mr. Sullivan: Q. You live in town ? A. Yes, sir. Q. Whereabouts do you live ? A. At Jerry Haley's. Q. What is your occupation ? A. VVorkinu^ for the citv, fixing streets. Q. Wliere were you on tlie 7th ot December, the day of the riot ? A. Working in front of Mr. Coleman's house, staking out a lot. Q. Was your house searched ? A. I had no house; I board. Q. What do you know about what occurred on that day ? A. I don't know much; I got afraid and went home, and stayed two days in bed, with my clothes on. Q. What were you afraid oi'? A. Of getting shot ? Q. IJy whom ? A. By those men coming iito town to kill folks, and burn houses. Q. Was any of j^our propert}^ taken ? A. No, sir. By Mr. Allen: Q. Who were those people you understood were coming into town to kill people and burn places ? A. Colored folks; I got afraid and went home; I'll tell you the trutii, and nothing but the truth. Q. Why did you go to bed ? A. I was afraid of being shot. Q. Did vou see any colored i)eople with gims? A. I did not see them around town; I saw the people run- ning from all parts of town. Q. Were tliey white or colored people you saw ? A. They were white folks. Q. Did you suffer any losses b3^ having to go to bed ? A. I was a kind of afraid to stay around, and 1 just stopped in the house. BENJAMIN ALLEN, Being duly sworn, says: [Examination in Chief,] By Mr. Sullivan: Q. State your residence and occupation? A. I live on the Grove street or Baldwin's Ferry road, one mile from town — one mile from the Vicksburg Court-house; I am acting Constable for 'Squire Brooks, deputy. Q. Where were you on the 7tli of Decembe;*; and state what you know about the fuss tliat took place on that day? A. On Sunday night, the Gth of D;X'.ember, Peter Crosby and Col. Packi'r came to my house; I was going to bed then; Crosby called me; I got up; and he said, there were some men coming into town, and if they passed by my house for tne to tell them not to come in; and if they come in he thought there In— 11 142 would be a fuss, and for them to go home; the next morning, about six o'clock, I went up the road, and I met Doctor Hunt and Andrew Owens coming toward me; I talked to Andrew Owens; he came up to me, and I asked him if there were any men coming behind liim, and he said, yes, there were men coming on: I then told him to give me liis horse, that Peter Crosby had told me to tell them not to come into town; I got on his horse and went to Peter Crosby's house, and in about twenty minutes after I got there, I heard the Court-house bell ringing; and in about fifteen minutes, in comes Doctor Hunt; he told Peter Crosb}^ to get up and come to him ; after he came in the house, he called Peter Crosby and spoke to him; what he said I didn't hear; a little while after he told Peter Crosby to put on his coat and come on wilh him; then I started out at the door with him and Doctor Hunt, and up rode Doc- tor Shannon and pointed a pistol at me, and said: "God damn you, don't you come out or PU blow your damned brains out;" I still walked on toward Doctor Shannon, and when I got to the gate, Doctor Hunt held up his hand to me and said: "Go back, or Doctor Shannon ma}^ shoot 3'ou;" then Doctor Shan- non said: "You damned son of a bitch, come. out here;" and I came out of the gate; he then told me to go on up toward the Court house; Peter Crosby's brother also came out, and he commenced whaling him over the head with a horsewhip. Q. Who did that — Doctor Shannon? A. Yes; and he then said to him: "You damned son of a bitch, your brother is the cause of all this fuss; I have a good mind to blow your brains out;" and he said: "Youdamntid son of a bitch, you had better run;" he then went up to Horn- thal's corner ; Doctor Shannon taking me and Crosbj^'s brother up by Hornthal's corner, and he turned us over there to two other gentlemen, and he told them to take us up to jail; one of them is a man who keeps the compress, Mr. Sneed; he then brought me up here to the Court-house with him: and there Peter Crosby was, outside of the gate, before the Court- house; I asked him to let me go home, that I had some medi- cine for my wife, who was sick; he told me that I could not go home, that I had to go to jail; he then put me in jail, on Monda}', about nine o'clock; on Tuesday night, about ten o'clock, Willie Green and iNIr. Lea's son, Albert Lea, came in; Judge Lea's son had a list in his hand, and called out the names of men who he wanted to go and bury the dead; he called out the name of Andrew Owens, 'Squire Stith and Alex- ander Scott, and he called for Allen Richardson, but he was out; he said they wanted us to go and bury the dead; I told them that I was not going anywhere; that that wasn't no time to bur}^ the dead, and if they wanted to kill me, to kill me right there in jail; on Wednesday I stayed in jail. Q. W^hat did they do, when you told them you would not go out and help bury the dead? A. Captain Beaird came there, and I called him off and 143 asked him whether he ordered those men to call on me to bury the dead; he said no, that the sexton was to bury all the deacl; they kept me in jail until Monda}^ and then they turned me out, one week after the fight. Q. What did the others do who were called on to go and bury the dead ? A. None of the others would go, because I would not go. Q. Were not those men they called for to go and bury the dead prominent colored men ? A. Yes, sir. Q. And one of them was a Justice of the Peace? A. Yes, sir. Q. And you had taken a conspicuous part in politics? A. Yes. Q. Had you not good reason to believe that they would take you out for the purpose of killing you ? A. That was my belief. Q. Did you believe that they called on you to take you out for the purpose of killing you ? A. Yes. Q. That is all 3-011 know ? A. Yes; while I was in jail they came to my house and went in and searched, to see whether I had any guns there ; my wife told them I had no guns; and she wanted them to show her a writ — a search warrant. Q. Did they take anj^thing at 3'our house ? A. No, sir. By Mr. Cessor: Q. Did they search 3'our house ? A. No. By Mr. Street: Q. Did Owens' men stop and turn back when you told them? A. Yes; they stopped right there, the other side of mj house. Q. Did they never come any farther ? A. Not that I know of. Q. How long did you sta}' there ? A. I came on in town, and before I could get back again they put me in jail. Q. How far were they from your house ? A. They were right at my house; stopped right at m}' house; Andrew Owens and Dr. Hunt were the onl}^ ones that came on to my house; the others stopped behind. The Committee adjourned until to-morrow, January 2d, at 10 o'clock, A. M. 144 SIXTH DAY. ViCKSBURG, Januaiy 2, 1875. Tho Committee met pursuant to adjournment; all the mem- bers being present. HANNAH ALLEN, Being duly sworn, sa3^s: [ExamiRcition in c/a'e/.] B}^ Mr. Sullivan: Q. You live in Vicksburg, on Grove street ? A. Yes; a little outside of the corporation. Q. You are the wile of Benjamin Allen ? A. Yes. Q. State what you know about the fight that occurred on Monday', the 7th of December, and what you saw. A. I saw a great many men on the road; I did not know what it all meant; I came out of my house into the road; me ana several other women, neighbors of mine, who live next door to me, onl}" a short distance apart; we were standing out there looking at them; there were a great many colored men there that we knew. Q. What kind of men were they that you saw on the road, colored or white ? A. They were colored men, coming toward the city; they went on t'>ward town; then I saw a good many white men riding to and fro; I didn't know what in the world it meant; we were talking to one another, we ladies there; the white men all appeared to be sufficiently armed; they had pistols and guns; it put me in mind of war times; it scared me; I did not know what to think of it; presently I heard them say thev were going to have a fight. Q. Who said that? A. I heard a white man say so, a gentleman who lives just above nn^ Mr. Murphy ; he said that from what he could see and learn, that they were going to have a fight; that they had gaihered around there for a fight; presently the colored men came back and said they had made a compromise, that the thing was made up, and they were going home; there were a go.)d many colored men that we knew, and they were laughing and talking; we three woman and five or six children were standing there right in the road, just below m^' house; and the colored gentlemen were going b3', and they said that they were going home; they were joking and very jovial; then, in a few minutes, just above us, the road was covered with white men; the colored men had passed to the left, and the white men were coming to the right, towards us, and seemed to be following on after those colored men; and the first thing I knew there was a gentleman fired a gun on the right; I heard 145 the Captain of the company — it seemed to be Horace Miller — say: " i)oys, don't shoot! don't fire." Q. That was the Captain of the white men ? A. Yes; and I heard Doctor Hun& say: "Don't shoot, boys, don't shoot;" the}^ were then just on the hill above my house, on horseback. Q. Did you see the man that fired the first gun ? A. I was lookino- rio;ht at him. Q. Do you know him ? A. I did not know him at that distance, but it seemed to be just such a built man as Mr. Furlong: I don't know for cer- tain whether it was him or not; I would not say; but in a few minutes I heard Col. Furlong's voice; I knew that, in a man- ner, saying: "Rally, bo3'S, rally;" and when that word was spoken, there seemed so be about fifteen or twenty shots, come right over and above m}' head, where I was standing on the road; I then ran into one of the neighbor's houses, and tried to hide from the balls that were coming in all around, falling about the house; several of them went through the house; \ve women and children went >n and tried to hide from the balls, but I wanted to see, and I saw them through the window; I saw them running and loading and firing; I saw a great many men I knew, in the fight — which I could not call a fight, be- cause the firing was only from one side; I call it just one party firing at the other. Q. Was there not a few shots fired from the colored side ? A. I did'thear any; I heard the Captain of the colored men say, "boys, don't fire back;" that was after the first shot; that man I am well acquainted with — Andrew Owens; I heard liim speak those words. Q. Did you see the colored men, when the firing commenced? A. Yes, sir. Q. Were the}' retreating, or standing still, when that shot was fired? A. They were going along the road, toward home; all in the road, Q. Had they not stopped a moment? A. No; the}'' were walking along; just as the}'' came across the bridge, beyond our house, then the white gentlemen fired on them ; and then they scattered in every direction, on each side of the road, trying to dodge, the best way they could, I su))pose. Q. Did you see any dead bodies after the fight? A. Yes; The first, of my knowledge of any one being killed, there was a white man on the road passed the window where I was standing, and I heard him say, "boys, have you any hot coflfee here;" and they said, "no, by God, we have no hot cof- fee, but we have some cold blood;" then I said, "Lord, there is somebody killed;" then he passed on, and there was another man came along; there was a woman living just above me; her name is Martha Steward — they called her Mat. Steward — and 146 she was asked to carry a man, that la}'' on the hill, a drink of water, who had fainted; a white man asked her to carry a col- ored man a drink of water, who, he said, had fainted; I didn't go with her; but she said she carried the water, and the man couldn't drink; there was a white man went with her, and he told her to wash his face and raise him up, and give him a drink; she raised him up, and the blood gushed out of his mouth; she said, " this man can't drink;" he said, " what is the matter — he ain't shot?" she then pulled up his shirt, and she saw blood, and she said, "this man is shot — look at the blood;" and she turned away and came back; after that, the men scattered from around our place, and quit shooting; I then went up to Murphy's store — me and another woman — and asked him to go with us to where this man, that was shot, la}^, to see if we could not assist him ; Mr. Murph}^ and several women then went to this man and tried to help him up, and see whether we could do him an}^ good; we raised him up, and discovered that he was just dying; we tried to see where he was shot, and we found a hole right in the center of his back, as big as my three fingers; it was right in the center of his back, b}^ the band of his breeches; that is all I know; I saw three dead bodies near my house. Q. Did 3'ou see an}^ white men shoot any colored men as they were lying on the ground? A. No, sir; I did not see that myself. Q. Did 30U hear of it ? A. I heard of Si. Hope being wounded, and another man rode up and shot him; I didn't see it. Q. Was your house searched ? Did any parties come to your house ? A. There were parties came to my house; it was fastened at the time; I was not there; they wanted to break in; I went away from home, and asked Mat. Steward to prevent them breaking in, if she could ; and she told them not to go in the house; she told me that there were some parties came there, hunting for arms; but thc}^ did not come any farther than the gate. Q. Who were the men, you say, you saw, you knew? A. In that fight, I saw Dr. Hunt, Mr. Horace Miller, Dr. Quinn, Mr. Lewis Clark, Mr. Jas. Ferguson, Wash. Ferguson, Jesse Ferguson, and Mr. Furlong; I knew a good mau}^ there; I can't call their names. By Mr. Cessor: Q. Did you see any of the parties do the shooting? A. I saw them, yes; I saw man}^ of them shooting; they were loading and shooting, going past where I was standing; these men, who I saw, were shooting when I saw them. Q. Those you have named were shooting when you saw them? I 147 A. Yes; and a great many others; I know their faces, but I cannot cell their names. Q. Do you know who shot Furman ? A. I don't know, only from what I have heard others say. Q. Do you know any one that does know? A. I have heard Harry Parson soy who shot him. By Mr. Gill : Q. About how many colored men were there that came to- ward town, and went back again, of Andrew Owens' party? A. I don't know; about sixt}^ I reckon, as near as I can guess at it. Q. About how man}^ of them had guns? A. Indeed I don't know; there was not many that had guns? Q. How many do j^ou think? A. I reckon about fifteen guns altogether, as well as I can get at it. By Mr. Allen : Q. You say you think there were about sixty men in all? A. Sixt}' or seventy in all. Q. How many white men do jon think there were who went after them? A. I couldn't hardly tell; they were scattered about so; I guess about sixty or seventy. Q. Were they all armed with guns? A. Ever}^ man T saw was well armed ; some had pistols and guns; all except Dr. Hunt ; I didn't see him have any gun. Q. Are you certain that you saw Col. Miller. A. No, sir; I did not see him fire at all; nor Doctor Hunt; but I heard both of these men say before firing — one said: '^ Don't shoot;" and the other, "don't fire;" and after that I heard Col. Furlong say: " Rally, boys ! rally, boys !" Q. Were you looking at Furlong ? A. I saw him, I suppose, but I did not make him out until he got close. Q. Were you looking at the man that fired the first gun ? A. Yes; I was looking right at him; he shot his gun up, not down the road, as though he was trying to shoot any one; it did not hit any one. Q, And you think that that was Col. Furlong ? A. I think it was, but I would not swear to that. Q. Was it a gun he shot, or a pistol ? A. It was a gun; one of those guns with bayonets; some- thing that shines ver}' bright. Q. Was he on a hoise ? A. Yes. Q. How far were these white men from you when the first gun was fired ? A. As well as I can come at it, about a hundred yards. Q. Had they passed you ? 148 A. No; they were coming toward me. Q. Were they galloping or walking their horses? A. The}' seemed to be going along in a kind of a slow way when they first commenced shooting, and then thiy came fas- ter down the hill; some of them dismounted, got down off their horses, and run and fired as fast as the}- could, going down through the cut, when the first balls flew. Q. How Tar is the bridge from where you were ? A. About as far as from here across the street, or a little further. Q. About a hundred 3'ards ? A. About fort^' or fifty, I suppose. Q. Which way is Murphy's store from you, toward the bridge ? A. No ; toward town. Q. How were these men going when the first shot was fired ? A. Right along in a row, like men would walk along the road. Q. Did they scatter or commence running when the firing commenced ? A. Yes ; when the first gun was fired, and then I got out of the wa}-; the}' scattered out of the road when the white men shot; thej' shot right down the road; I was standing on the side of the road, and the balls flew down the road; it put me in mind of war times; I went back and went under the house. Q. How long did 3'ou sta}' there under the house ? A. When the balls commenced falling on the house I was in there, and then I got out ol" the back door and went under the house, and sta3'ed under there until the}' ceased firing; they were firing a good while after they went past my house. Q. Did you stand on the side of the road until the white men passed? A. No; as soon as the firing commenced so severely, I went back in the room, and looked through a window glass as the white men passed. Q. And about that time you went under the house ? A. Yes; they had not all passed; some had; there were a good many had passed ; the firing was coming pretty briskly from there still, after I went under the house. Q. Did you start in the house when the first gun was fired ? A. No; I was looking at them, and I said: "Pshaw, them men ain't going to shoot; that man shot in the air;" then, presently, 1 heard the voice of Col. Furlong say: " Rally, boys, rally." Q. You think that was the same man who shot in the air ? A. I don't know; I know the first gun was shot in the air. Q. And you don't know who done the shooting alter that ? A. Well, I saw several men shoot after that; I saw Col. P'ur- long shoot; I saw Mr. Ferguson shoot; I saw ,Lem. Clark shoot. Q. What with ? 149 A. With guns; and several others I saw shoot. Q. Those are the onl}^ men 3^011 remember that j'oii saw fire ? A. Yes ; Wash. Ferguson shot, too. Q. Were 3'ou lookimg, before 3'ou ran in the house, at the men who were shooting or toward the bridge? A. I was looking toward the bridge until some women said: "Yonder comes a wliole lot of white men;" then, after the shooting commenced, I was not looking toward tlie bridge any more; I was looking? toward 'v.diere thev were shootina:; when the first gun was fired, the colored men started to run down the road. Q. Are^'ou sure that it was Captain Owens, or was it one of hi'fe lieutenants, that said: "Don't shoot?" A. I don't know; I knew his voice ; and I heard Owens' voice say: "Boys, don't fire back." Q. In 3^our excited condition, would you recognize the voice of a man fort^^ or fifty yards off ? A. Yes ; I am well acquainted with Owens. Q. You were verTy much excited, I suppose ? A. Not so much, but what I could hear; if I am in the biggest fright and hear a voice, I can tell it ii" I know it. Q. You knew from the voice that it was Owens' ? A. Yes; he said: "Boys, don't fire back;" that is all I heard. Q, And the_y did not tire at all ? A. I did not hear the report of a gun that side at all, until after the white men passed, and they shot as they went. Q. You are certain that the colored men did not fire? A. The}' certainly did not tire until the white men passed me ; that is all 1 can say. Q. You said that somebod}^ went to your house to search for arms ? A. Yes. Q. And that they wanted to break open 3*our house? A. Yes. Q. Where were you then ? A In this house — in town. Q. How far is your gate from your house? A. About as far as from here to that door; these men went into the gate, through the gate. Q. Into the house ? A. No, in the yard. Q. If you were in town when those men went to 3^our house, how do you know that the}' wanted to search your house? A. I don't know any more than what Mrs. Steward said; I left her to look after the house. Q. Could they not have broken into the house, if they had wanted to ? A. I don't know; I just tell 3'ou what she said — she said: *' There was some fellows wanted to search your house;" and I said: "When lam here thev are welcome to see whacis here; I have nothing here that I don't want an}' one to see." 150 ' By Mr. Street: Q. Where was jour husband that morning? A. In jail. Q. When the fight commenced? A. Yes; he came to town tliat mornino:, and the next news I got of him they had him brought to jail; I heard that before the fight commenced. Q. How did he come to town that morning? A. I don't know how he came; he ate his breakfast and went out on the road, as he always did ; I don't know what time he did go out. Q. When was Crosby last at j'our house, before that Monday morning ? " * A. He was at nw house on Sunday night; I heard his voice at my gate; I did not see him. Q. Was an}^ one with him? A. There was another man with him; I did not know his voice. Q. Who did see him ? A. My husband saw him. Q. Did 3'ou have any conversation with your husband about Crosby? A. I asked him who that was; he said it was Crosby and another man; I asked him was that Crosby, and he said yes, Crosby and another gentlemen; I said: "What is the matter at this time of night;" he said that there would be some men coming in, and that Crosby said not to let them come in town; I said: " What in the world is the matter;" he said: " I don't know;" I cannot remember particularly, but as well as I can remember, he said: "I don't know. Q Did he stop the men the next morning ? A. The men had not got there when he went out of the house. Q. Did any colored men at all pass j^our house coming this wa,y before the fight? A. Indeed, I don't know; I couldn't tell. Q. How lar was the fight the other side of your house ? A. It commenced above my house ; the man was killed — one man was killed just in the stream under the bridge, about twenty or thirty yards to the left; the shooting commenced above mj' house. Q. This side of 3'our house? A. Yes. Q. And the colored men had not passed 3'Our house at all? A. Yes; they had been past my house and said they had been up and made a compromise. Q. They were talking jovially and laughing as if nothing was the matter ? A. Yes; laughing and talking as if nothing was the matter. Q. Was Andrew Owens riding or walking when he was going to town ? 151 A. When he came in town ? Let me study a moment ? Andrew Owens, when I first saw him, he and Dr. Hunt weie rid i no- tooether. Q. And the}" came by your house? A. No, sir; Dr. Hunt passed m}^ Iiouse and stopped; and then I saw him in the road again; I hardly know how that was; anyhow, when I saw Andrew Owens, he was on foot in front of my door. Q. How long did he and Dr. Hunt ride together ? A. It was just below my house; I didn't pay any attention; it was not far; it was between my house and the bridge; I re- member seeing Dr. Hunt pass my house twice that morning; I saw him going out, and then I saw him coming back. Q. How near did Dr. Hunt and Andrew Owens ride to- gether ? A. It was between my house and the bridge — about twenty yards. Q. Then what did Andrew Owens do with his horse ? A. I don't know. Q. Did not your husband take his horse and go to town ? A. I don't know how my husband got to town; anyhow, I expect that was the way ; I could not say for truth; but An- drew Owens, anyhow, was on foot, and m}^ husband, when I came out, was gone. Q. When Owens came back, was he on horseback ? A. No, sir; when he went back he was on foot with the balance of the men. O. How lono; after vou saw that man shoot in the air, was it before you heard Furlong say " rally, boys, rally r " 4. Hardly a minute; it was right directly after the gua was iired in theaii', that I heard Furlong say "rally, boys, rally.'* Q. How long was it then after that, before the general firing commenced ? A. Right away; the guns shot right away, and continued to shoot. Q. Were 3'ou sick that morning ? A. No, sir; I was in my usual health; I am never well; I am always grunting. Q. You say, you examined some of the dead bodies ? A. Yes; I was examining them all. Q. Do you know in how man}' places they were shot — either one of them ? A. Si. Hope was shot in three places, it seems; one shot was right in the centre here [in the breast], and one seemed to be right in the mouth, and another here | over the eye] ; Richard Johnscui, I saw but one shot in him, and that was right in the centre of his ba^k; the other man was shot somewhere about his ear. Q. Which one was in the breast ? A. Si. Hope; I heard that one man, after he was wounded, went right up to him and shot him again, after he was wounded. 152 Q. Are 3'ou certain that Furlong had a gun ? A. Yes, sir; he had a gun. Q. Are you certain that the colored men had not stopped when the firing commenced ? A. I think they were going along the road, as if going on a joui-ney anywhere. Q. Were the white men following them, on horseback or on foot ? A. The first part was on horseback, and then there were a great many on foot ; I think I saw some horses loose; they got off their horses and run down the road shooting. Q. Was Doctor Quinn on horseback or on foot ? A. On horseback. Q. What kind of a horse did he ritle ? A. A dark colored horse. DOCTOR D. W. BOOTH, Being duly sworn, saj's: [Exainination in chief, ^ By Mr. Allen : Q. State what you know about the troubles here, on the 7th of December, 1874? A. Abuut four o'clock — three or four o'clock — on the morn- ing of the 7th of December, I was summoned to come down town; there was some excitement; I got up and dressed; I was summoned to come to Colonel Miller's office, on Washington street; I went there and found the office closed; It was dark, then; I then walked over to the drug store, where my office is; I found a number of persons in front of the drug store, most of whom I knew; Colonel Miller was not one of them; my im- pression was that it was a summon for some thirty or forty men to discuss some rumors that were then current, that I liad heard the previous evening; I was standing there about a half an hour or more; one of the clerks then came in the store and kindled a fire; then Colonel Miller came in, and we sat there for some time, discussing the rumors which were current; but it was generally considered impossible that there could be any purpose on the part of the country negroes to come into town under arms; I proposed to go up and get a cup of coffee; we did so, and waited a while longer; nothing more was heard re- liable, 'i.nd I went home, and so did two other gentlemen living in my neighborhood; I went home and went to bed, and went to sleep; after awhile, I ^ot up to breakfast, and while I was at the breakfast table, about a quarter or half- past eight o'clock, I heard the alarm bell ringing; I finished ry breakfast leisure!}''; I lit a cigar, and knocked around ; directly after, I went to the front of my house — on Cherry street — my horse was brought out; I got on my horse, and started off to go to my office; wh.jn I got on the street, I saw armed men going about singh'; I hurried on in this direction, and near the Synagogue, 153 I met fifteen or twenty men going out Cherry street; some of them informed me that the negroes were coming in on that road — the Hall's ferry road — on Cherry street, as well as on the Jackson road, and the Baldwin ferry road. Q. The Baldwin ferry road is the same as the Grove street roaei ? A. Yes; I then returned to my house, and did as others were doing — got my shot-gun and side arms, and reported for duty; they told me that they needed mounted men on Cherry street; I went out there; I found a good many armed citizens at each corner, and they were telling the colored men on the street who were getting together and coming around, to go home and to make i&|o disturbance, that we did not want any trouble here; I went on out, and found near Finney's house, where the white citizens of the town were, that they had formed a line on both sides of the road; then I saw a line at the old Confederate breast- works, where I saw men said to be negroes, their line extending about five hundred yards, as well as I could estimate; scattering shots were being fired in both directions; I suppose without doing any damage; I was then sent back, a little back to the left, between the Hall ferry road and the Baldwin ferry road; the Baldwin ferry road forks, one portion coming in through the Grove street road, and the other coming in near the machine shop, into Harrison street; well, there I heard rapid and continued firing on Grove street, in this direction; things were pretty quiet on Cherry street, except these scattering shots being fired; I then rode up to the Court house, and saw the men coming back from Grove street; I rode up two or three squares, and met the prisoners that were captured during the light on Grove street; I was told that the whole thing was over out there ; I was then ordered, or requested, to go back and notify Col. French, on Cherry street, that these men fi'om Grove street would pass down the bottom, strike due south from Grove street, and join his command on Cherry street; I went on and reported that to C\v w liiM'i> t hosr uumi imi liiul \ vm:-, iiti-^l»;uul tirsU wluMi lliov look him oil" ? A. No; thoy say llioy cjiniod liiu\t>vor to n briilgooul thoro, nmi nOtM' thov liol ovor tlu> bridiio tlu\v toM lum u> iU»iil>lo- quiok. ;uul ihnl llu\v ran \\\n\ t'lom tlioro lv> nvIumo tlu\v oaniod liim ii\ l>}u k of Mrs, Kv>x's; thoro is whi iv tl\ov killovl him. Q. Hut lho\ »litl not vnrrv him to tluMr hoa>u|u.'irtois lutoro that y A. I »lon't kiu>\v about that. Q Whoro was lu> on Tnosilay? A, At homo, ovtMT tla\\ until Thursviay inornluiy. Q, How [\\v was that lliihl tVom von, wIum\> Vauiihn was killoO? A. Two mllos tho i>ihor sido ol' whoro 1 was, 1^. Was your husbauil at homo at tho lin\o v^t* that tl^lit? A. Y OS, sir. Q l>ivl ho hriuij his liun witli him vv\ [\\:\\ dav, wii^a h.^ wont to town, on Mn't know wl^o killovl hin\V A. Nv> Q. nv>w tar was hivS IkvIv t'rom tho i\>avi. wiion yo^n saw it? A. Alnmt tho loui^th of this liv>nso; about tour timos the lenifth ot this room, 1 ivokon» t*i\>m thoroaa. C^. Uiiiht to tho body? A. Closo oiuMJiih ti> jioo wlio it was. <.^> Whojv tU(t Joo Cv>ok livo? A. .\bv>nl a nuti\ I supjMso, t^\>m us. Q. nivi ho oomo wit!\ yvMir husband tv^ town, ou thai day? A. N\>; uv>t that I knv>w of. UAKKlhT COOK, HoiuiT duly s\vorn» says : [KxaMimtthm (h cht\f.] l>y Mr. Gill: (^. Aro you marriod: A. Yos; I havo twv> oluivlron. Q. WIkmv is your husband: A. Thoy kilbni him, Q. Havo you soon him smoo ho was kuUvi ; A. NvK \ wvmUln't iri> attor hin\; I viivl.^'t want to soo him; l;hi>y toUt mo how t>ad thoy dono hiu> t.^ What d\> you knv>w about his boii.^; k;;,Ovi; A. I dou*t know \vhv> killod him; ho was kidod on tho 8th, I beUevtn I ihiuk thrdders; the ball came out as big as my finger; and when he fell on his knees and went to praying, they split his head open. Q. How many colored men were there along with your hus- band ? A. Nobody; he was going home. Q. Did you not see any colored men near him ? A. No. Q. What were these white men shooting at ? A. They were running them colored men in the cane-brake; they wounded some, and they had them all scattered in the cane brake? Q. Do you know of any one killed besides those you have named ? A. No. Q. Who buried your husband ? A. I had a woman on the place to come and get a coffin; old Mr. Vandcrburg, a white man out there, had him buried. 204 HERLITA BARLOW, Being duly sworn, says : \^Examination in chief .^ By Mr. Gill: "^Q. Where do you live? A. I live at Doctor Cook's place, six miles from here, on tko Jackson road. Q. Are you married? A. Jacob Barlow was my husband. Q. Where is he? A. He is dead. Q. When was he killed? A. The time these men were fighting, on Monday, about one o'clock. Q. Do you know the day of the month? A. I never kept an account of the month. Q. It was on the Monday when they were fighting about Vicksburg? A. Yes. Q. Did you see him killed? A. I saw him killed; I was looking right at them ; the white men came right straight from Mrs. Banks'; we were so far from where they were fighting; but I begged him to go and hide; he would'nt; so, when shey rode up — three of them — they made him run about a hundred yards; I was standing looking right at them ; he begged them: "Please, men, don't kill me;" and they just shot him right through the head. Q. You say there were three of them ? A. There were three along; there was one of them shot him, Q. Do you know who they were? A. No, sir; I don't know none at all, more than that one was a doctor; they came from Mrs. Banks', right straight across. Q. You were not acquainted with them? A. No. Q. Were they white or colored? A. White men, that came from Mrs. Banks* place. Q. How far do you live from Mrs. Banks? A. I live about a mile, or a mile and a half, from Mrs. Banks. By Mr. Allen : Q. Do j'ou know Sarah Jane Green? A. Yes. Q. How far does she live from yon ? A. She lives the other side of me. Q. How far do 3^0 u live from here? A. Six miles from here, on Doctor Cook's place. Q. How far does Sarah Jane Green live the other side of you? A. I don't know; 1 never have beeti to her house. 205 Q. How far do you think it is? A. It must be a mile, I reckon. , Q. Do you live right on the road ? A. Not very far otf. Q. Did you see Mrs. Green go by your house that morning ? A. No; I never saw her. Q. Would she have to come by your house to come to town? A. Yes. Q. You say it was a doctor that killed your husband? A. No ; I say one of the three was a doctor. Q. Was he the same doctor that was said to have killed a man at Mrs. Banks' place? A. Ye^. Q. Why do you say so? A. They came right from Mrs. Banks'. Q. What sort of a looking man was he? A. A settled-aged man. Q. About as old as that gentleman (Mr. Champlin), there ? A. No. Q. As old as this gentleman, (the Reporter)? A. No; I don't believe. Q As old as this gentleman, (Mr. Gill)? A. I don't know. Q. He was a settled aged man ? A. Yes. Q.^ Was he a large man ? A. This man I was talking with was a large man. Q. How do you know he was a doctor? A. The woman over there told me. Q. What sort of looking men were the others ? A. One was a young man. Q. Did he have whiskers ? A. Yes; just began to have, Q. What kind of horses were they riding? A. One had a red looking horse, and this largest man was on a black looking horse— iron-gray, black looking. Q. The other was a sorrel horse? A. Yes. Q. And the third? A. One had a right white horse. Q. A white horse, an iron-gray, and a red or sorrel horse ? A. Yes, sir. Q. You say this doctor was a large man? A. I couldn't say positively that it was a doctor, but the women say it was Doctor Quinn. Q. He was a large man ? A. I think so. Q. Did he have whiskers? A. Yes; and he had a kind of a wart on his face—right here, (the right side). Q. Was it large? In~-15 206 A. Large? no. Q. Were his whiskers white ? A. No; liglit color. Q Were they large or small ? A. Along here, I think a good little smart bush. O. Just on his chin? A. Yes. j A. Not all over his face? A. No. Q. About like that gentleman, there, (the Reporter)? A. Yes; onl}" a little more. Q. What time was it about, when your husband was killed? A. About one o'clock. Q. Was he shot more than once? A. No, sir. PETER CLAY, Being duly sworn, says: [Examination in chief. '\ By Mr. Gill: Q. Where do you live? A. By the Pemberton monument, the first bouse on the right hand side. Q. Where were you on Monday, the 7th of December? A. At, home. Q. Did you stay at home on that day ? A^ I was not out with a gun on that day, at any time; I left home l)etween eight and nine o'clock; I went to ; they came there and took me away from Smith's house; he keeps a grocery there; they took me awa}^ from there, and took me to jail; there were five men who had been in my house, trying to get away from them; and they took us all to jail. Q. What time on Mon'^ay were you put in jail? A. Between eleven and twelve o'clock. Q. Dill they have an}' warrant for your arrest? A. No; I don't think so. Q. How long did the}^ keep you in jail? A. We were turned out on Thursday, at twelve o'clock. Q. Were you tried before any magistrate ? A. We were not tried before anybody; Bill Price came and got me out. Q. What did they put 3^ou in jail for? A. They said that they arrested me, because these men were in rny h«'use. The Committee here adjourned to meet in Jackson, Miss., at the call of the chairman. 207 SEVENTH DAY. Jackson, Miss., Januar}^ 7, 1875. The Committee met at the call of the Chairman; all the members being present. T. W. CARDOZO, Being duly sworn, says (after having heard read to him por- tions of the testimony of Judge Luke Lea, and being asked bv the chairman whether he desired to make a statement be- fore the committee): Under the law for the redemption of land, the legal owner is entitled to one year, in which to redeem the land. Several parties came to my office, among them Judge Cook and Judge Marshall, prominent lawyers, who claimed themselves to be the legal owners of certain lands; I propounded the question to the^n whether they were the legal owners or not ? they said they were; I then gave the deeds to them; afterward the As- sessor and Mr. Campbell, who worked in the Sheriff's office, came to me and told me that the land redeemed by Marshall did not belong to the State; Mr. Bourne, the Assessor, said that several prominent colored men had entered that lend in the Auditor's office; I told Mr. Marshall of the fact; he said he did not care, he had my deed, and if the parties did not get off the land, he would eject them by suit in the Chancery Court; Judge Cook's land was assessed at twenty-two dollars and a half ($.'.2 50) an acre; he said he was the legal owner also, and it was proven afterward that he was not; the Board of Supervisors, in a meeting in 1872, or 1871, had reduced the assessment on this land after it was sold to the State for taxes; Judge Cook asked me to let him redeem the land at the rate of assessment; Mr. Musgrove said that he would have to redeem it at .$22 50 an acre; I told Judge Cook that, and he said that he would be glad if I would let him redeem the land, so far as the State was concerned, at the rate of $22 50 an acre, and the balance at the rate of S2 50 an acre: it amounted to about $300 at that calculation; I came to Mr. Musgrove to make a settlement, and he refused to receive it; at the last session of the Legislature, Judge Cook spoke to me. and asked me to help him to get the Legislature to pass a bill to allow him to redeem the land at $ j 50 an acre; I came before the committee, and asked the committee to report favorably on the bill; I don't know whether the bill passed or not; tiien when this matter came up last summer I spoke to him ; he said that had he received a letter from the Auditor, tell- ing him that he would be allowed to pay the taxes at the re- duced rate of assessment — $2 50 an acre; J then told him that I had heard certain rumors of charges being made against me, and that, if no affidavits were made against rae, I would re- 208 fund the money to him, but otherwise 1 could not, because, if the Court (Iccideri that the amount I had in m^^ possession be- longed to the State, I wouh.l turn it over to the State; I made the same statement to other parties ; as evidence of that, here are copies of letters which I wrote to several i)arties in Vicks- burg; these are copies I made; one of them is to Martha M. Strong ; here are two returned to me, not yet opened; I wouUl be ghid if the committee would open them. [These letters are opened and examined by the committee.] Q. What 3'ear was this when 3^ou wrote these letters ? A. That was in November last, before the Grand Jurv took an}' action; the atlulavits had, however, alread}' been taken; now, tlie way in which this surplus amount was collected was this: The law required the Chancery Clerk to turn over the assessment rolls to me; I never had but two rolls while I was in office, and I made the calculations from those two assess* raent rolls; in some cases the assessments were too high, and in other cases they were too low; there was one tract of land redeemed by George M. Davis at $172 50; I came here to re port that land redemption after Mr. Gibbs was sworn in as Auditor, and the Land Clerk demanded of me $10 more than I had collected, and Musgrove & Hickling as attorneys, claimed that too much had been paid in, so I Vv'as placed be- tween the two parties; finall}', T made an offer on the figures as calculated by Musgrove ^ Hickling; the Auditor accepted it, and the surplus was returned to Mr. Hickling; now, this land matter was so mixed up in such a way that it was hard to tell what tracts belonged to the State and what did not ; I can prove that several tracts Were reported as belonging to the State, and at the same time other parties were pajdng tnxea on them; it seems that the Sheriff did not make proper re turns; after I found the matter so mixed up. I decided not to report to the Auditor then, but to await the final report of the Sheriff; and on those lands not reported by the Sheriff, I would pay over the mone}'' to the State, and if reported b}'' the Sheriff, I would refund the money to the parties ; that is to say, if Mr. Marshall was returned by the Sheriff as having paid the tax on this land, to the Sheriff', I would turn over the monc}' to the State, if not, I would return it; then, in some cases, there were two parties that claimed several tracts of land that were redeemed; the first lot of deeds sent to me b}* the Auditor, contained memoranda of lands entered in his office; in advertising descriptions of lands, I advertised, in some in- stances, lands belonging to other parties; among others, some belonging to tiie President of the lioard of Supervisors, and they came to me and shovved me their deeds; I then came to Jackson and requested Mr. Musgrove to make me a memo- randum on the deeds, of the land entered or redeemed ; he told me that that was not necessary, t!iat I had the records; now, I understand that it is said that I did not return any mone}' to the State that belonged to it; I understand they say I kept 209 about two thousand dollars ($2,000 00); here is a receipt for |50 54, that was paid Aug'ust 23, 1873; here is one for $127 91, paid February 12, 1874; here is one for $918 10, paid Oct. 31, 1874; another for S38 75, paid Nov. 4, 1874; total receipts, $1,135 30; these last two receipts are in connection with tliose tracts of land about which there is so much litigation ; if I had turned the money into the treasury, and the parties who had these deeds had^'ome forward and claimed the land, my official bond would have been responsible; I therefore dechned to report them to the Auditor; but after consulting my lawyers, they said that if I made a full settlement with the Auditor, they did not think that the Grand Jury would indict me; otherwise, I would never have reported, but would have abided the decision of the Court; and the balance of the money not turned over to the State, I offered to return to the different parties as soon as the matter was settled in Court; now, as to the difference in the assessments: The lands were redeemed from the assessment rolls in my office; I had but two of those rolls; then, after that I came over here to the Auditor's office, and made a complete copy of all the rolls, and I made the calculation of the exact amount due on the lands, and reported that amount to the Auditor, and got his receipts; I did so, and I left the report in the hands of the Auditor for a week, and Mr. Smith, in that office, looked over the report, and I made my settlement upon the basis of his own calculation; after that I immediately wrote to the parties, that they could have the balance of the money not turned over to the State, if the case was not taken in Court; but when the case went in Court, I refused to turn it over; but if the Courts decide that the State is not entitled to the money, I will return it tothe parties; to show you that this land business was greatly mixed up, I will read vou a letter from the Auditor, to show you that certain tracts of land were reported as belonging to the State, when they had been entered by other parties; I consulted with Mr. Gibbs, after I heard of the intention of certain par- ties, and two lawyers, I made a report to him, before any action was taken, and he wrote this letter to me; [witness reads a letter from the Auditor, dated August 28,1874]; this shows you, that there were persons paying taxes on the lands, and that at the same time thev were reported by the Sheriff as be- Ionising to the State; when the Sheriff reports land as belong- ing'to Uie State, he gets a large commission, and from this let- ter, as well as from other testimony, it seems as though it was an object for the Sheriff to report lands as forfeited to the State after a man has paid his tax, so as to get doiable commis- sir>n ; I can prove that a portion of the land reported by Mr. Marshall, belonged to other parties; this information came to me immediately" after Mr. Marshall redeemed the land; I then told ^Ir. Marshall of the fact, and he said that he would not give up the deeds, and if the parties did not give up the land, he would eject them by suit in the Chancery Court; you see 210 there is a difference between the amount I paid into the treas- ury and the amount I collected. Q. What was the amount you collected ? A. I don't remember; the deeds issued to the parties will show the amount collected; the land business is so badly mixed up. By Mr. Street: Q. Did you keep any list or record of the money you re- ceived for lands ? A. Of all those I thought were correct. Q. Did you not keep a list in your office of all the monej' you collected ? A. No, sir. Q. Why did 3^0 u not do so ? A. I did lot keep a list of all I collected, only what I thought belonged to the State. Q. But of the mone}^ that did not belong to the State ? A. 1 kept a list of ail I collected; I have that list at home now. Q. Can you produce that list to the committee? A. i'es. Q. Will 3'ou do so? A. Yes, to-morrow; I have the list, as well as the descrip- tion of the lands; what I have stated, so far, is concernino- the lands. As far as these witness certificates are concerned When I first went into the Circuit Clerk's office, I found that some one in the Sheriff's office had been buying up scrip, or witness certificates; I remarked to this man — Campbell — that the law did not prevent me from speculating in these certificates, and that I intended to do so, and bid against him; he mentioned it to Mr. Furlong, and Mr. Furlong said: "All right; I will see that (.'ampbell don't buy any more wi.ness certificates, and you can bu}' what you choose; but," he said, "if you buy witness certificates, let Campbell buy those issued to 'the grand jury;'* so I bought all the witness certificates that I could possihl}^ get, and I made more mone}^ out of that than an}' other fee in the office; the law did not prevent me from buying them; J was very busy in that office; Mr. Dorsey was my deputy, but he was of very little use to me; I employed him for outside business more than anything else; In buying these certificates, 1 would always take the parties into the consultation room, when buying from the witnesses; the law did not prevent me from witnessing the cross-marks, so I witnessed some of them myself; I don't know the parties to whom the certificates were issued, that are complained of ; in one or two instances, I issued certificates in wrong cases, and I recalled them, and issued them in the i)ioper cases; if these certificates you have, are indorsed b}' cross marks, the}' were colored men that got them; all cer- tificates that were issued to white men, were indorsed by per- sons who could write, themselves, and not a solitarj^ certificate 211 was indorsed or witnessed b}'- me, unless it was issued to a colored person, and at the proper time, these persons will be produced ; in some cases, the persons to whom the certificates were issued, could not write their names, and they requested me to make their cross marks; I did so; I was in the office two years, and transacted all the business myself; Mr. Musgrove. did not object to any of these certificates brought to him, until December, 1873, when I brought two to him in which a large amount of mileage was allowed ; he said he did not want to pay them, because the number of miles extended beyond the limits of the State; I told him that I would get a mandamus to compel him to pay them; I did so, before Judge Brown; the mandamus was ordered, and as soon as that business was set- tled, I settled with the Auditor, and he issued me a certificate for the amount. By the Chairman: Q. I see from these certificates here, that there are a num- ber issued to the same party in three different State cases; how is it that you allowed that witness to claim attendance in three cases for the same day? A. I think not, sir. Q. They all bear the same date? A. They are three different terms. Q. You don't know that witness [the certificates being shown to witness]? A. No, sir. Q. You don't know whether he was colored or white ? A. All with cross-marks were issued to colored people. Q. Did you bu}^ this certificate ? A. Y^es — [issued to J. H. SwatleyJ. Q. Did you issue four certificates to Gillie Smith? A. Y''es; I issued them. Q. Do 3^ou know him? A. No; I don't know him. Q,. He was summoned as a witness in that case ? A. I presume so; the subpoena in the Clerk's office will show. Q. Did 3'ou issue four certificates to L. LeGrane ? A. Yes; that is my hand writing. Q. Did you issue all of these — thirty-six — certificates, all issued on November the 15th; look at them carefully ? A. Shev Rogers, he is a colored man; Jeff* Flowers — yes; you must not expect me to know all the witnesses that come in court; there are hundreds of witnesses that come in court each ^erm ; [witness continues to examine the certificate]; I remember some of the witnesses; At elia Chambers, she is a woman living in Vicksburg; I remember buying those certifi- cates; Ann Rogers, I thiidv I remember that; George W. Blakely, I remember buying that also; a good many of the names seem familiar to me; I don't know them all personall}'. 212 Q. You issued these certificates? A. Yes. Q. All of them? • A. Yes. Q. Do you know a person in Vicksburg named J. H. Swatly? A. I do not. Q. You don't know any such man? A. No. Q. You have looked at all of these certificates — have you seen any of them with 3'our name Gorged? A. I didn't look for that; [witness examines again]; they are all in my hand-writing. Q. Is the indorsement in your hand-writing ? A. Yes; they are witnessed by me. By Mr. Allen : Q. Here are five certificates in favor of J. H. Swatley — you issued them, you say? A. Yes, sir. Q. Did you sign Mr. Swatley's name to them? A. I wrote the name, but whoever it was issued to made the mark; I wrote the name of J. H. Swatley. Q. You say you wrote the name of J. H. Swatlej^? A. Yes, sir. Q. Mr. Swatley was a witness in that case ? A. I don't know, now; he must have been, or the certificate could not have been issued. Q. Do you know J. H. Swatley ? A. I do not. Q. Is it not necessary that witnesses should prove their at- tendance in Court before any certificate can be issued to them ? A. I swore every one. Q. They proved their attendance in open Court? A. Not always; the Judge told me that I could take them aside and swear them; the law says that they may claim their attendance fees fifteen da3's after the adjournment of Court; I often v/ould take them into the consultation room and swear them. Q. Do you know A. LeGrane ? A. I do not. Q. There are five witness certificates issued to A. LeGrane; Beejwhether 3'ou issued those ? A. They were all issued by me. Q. Did you not write LeGrane's name on them ? A. I wrote the name. Q. On all these five certificates ? A. Yes; but I did not make the cross-mark. Q. Here are five certificates issued to Gillie Smith; look at them and see whether you issued them ? A. I issued those, sir. Q. Did you indorse the name of Gillie Smith? 213 A. Yes; exceptino; the cross mark. Q. Do you know Gillie Smith ? A. No, sir. Q. Was Gillie Smith a witness in the case ? A. I presume he was, or the certificate would not have been issued. Q. Well, the certificate has been issued ? A. Yes. Q. Then Gillie Smith was a witness in that case ? A. Yes; I don't remember any white person, but perhaps one or two, but who could write their names; all the others who made their cross-marks were colored men. Q. Do you not know that J. H. Swatley is a book-keeper in the city of Vicksburg ? A, I do not; there were a few cases where certificates were issued to persons in wrong cases, but they were recalled; often- times there would be forty or flftj^ witnesses in attendance. By INFr. Street: Q. How long were you Circuit Clerk of Warren county ? A. Two years, Q. Did you examine the law in the Code in reference to thb issuino: of witness certificates ? A. Yes. Q. You took an oath to discharge the duties of your office in accordance with law. A. Yes. Q. Did 3'ou issue all those witness certificates in accordance with law. A. To the best of m}' knowledge, I did. Q Do'.^s not the law say that there shall be au allowance made by the Court for the pay of witnesses in State cases ? A. No, sir. Q. There is no such law ? A. The law says that witnesses shall prove their attendance in op;'n Court; and the law fixes the amount. Q. Does not the law say that the certificate shall say wlien ife was allowed, and the page of the minutes where it was allowed ? A. No, sir; I don't know that it does. Q. Still you were Circuit Clerk two years ? A. Yes; I would like you to show me that law' ? Q Here is a certificate issued in a State case against Ben Allen ? A. Yes. Q. You certify here that an allowance was entered upon the minutes of the Court ; was that a fact ? A. Yes; I will state this: My duties as Circuit Clerk were great; the requirements of the law would require more than three men could perform; and, in some cases, in issuing cer- tificates, I would issue them before entering them on the 214 minutes ; tbere may have been some cases in which I failed to enter the names of the witnesses on the minutes; I will state a parallel case: At the first term of the Court, Judge Lea cited a section of the Code requiring him to report all lines to the Auditor and Superintendent of Education, and he said he could not attend to that, and asked me to look over the records of the Court and find the cases for him; nearly all the certifi- cates were entered upon the minutes. Q. Then 3'our certificates are not true in cases where they were not entered ? A. That is a question for the Court to decide. Q. Your certificates state that the}^ were eniered on the minutes ? A. To the best of my knowledge they were. Q. Tlien, if they were not entered upon the minutes, your certificates are not true ? A. That is for tiie Cjurt to decide; there were a number of entries made on a page of tlie minutes after the adjournment of tlie term of Court; Judge Brown, in his testimony, I think, testified that they could be entered as a memorandum; that case went before the Grand Jury, in wdiich there were a num- ber of entries of names of witnesses on the minutes, who at- tended during the term of Court, but the entry being made after the adjournment of the Court, as a memorandum; that case went before the Grand Jury, and they did not do any- thing; I was completel}^ exonoraled. Q. When was that land entered by Marshall and others ? A. I don't remember now — in December, in the fall of 1872. Q. When did 3'ouquit that office ? A. On the 1st of January, ISl-i. Q. How long had that law been in force, allowing twelve months for the redemption of land by the owner ? A. I don't know ; from 1872, I believe. Q. Was it the case at any time that there was no time allowed for the redemption of land? A. No; always one year; that is my impression. Q. When was the land business first transferred to the Cir- cuit Clerk's oflSce ? A. I don't know. [December, 1872.] Q. You had a certified list of land held for redemption from the Auditor ? A. Yes; but it was not correct. Q. Who was to be the judge of that? A. It is hard to tell; the Auditor's books showed one thing, and the deeds another; the Auditor's books, the Assessor's rolls, and the Sheriff's tax-books did not compare properly; there was one case, that of J. W. Bradstone; his land was re- porteil to the Auditor as belonging to the State, and he came and produced his tax receipts to show that he had paid taxes every year; and the law requires that in such cases I shall make a deed to the part}*; I reported that case to the Auditor. 215 Q. You said that the Sheriff gets double commission on land reported as belonging to the IState ? A. The Sheriffs get a commission on all the taxes thoy col- lect, and where the land is forfeited to the State they get a com- mission ; if you go to the Sheriff and pay your tax, he gets his commission, and if he reports 3'our land as forfeited to the State, iie gets another commission; so he makes double com- mission. Q, That is not double commission; he keeps all the tax, and gets a commission besides ? A . That is what I mean — yes. By Mr. Allen: Q. It is in testimony that you collected two thousand dollars on account of delinquent land, as shown by the recorded deeds; why did you not make out your regular report, as required b}' law, to the Auditor ? A. Before the time came for me to make m}' regular report I learned of these discrepancies. Q. Did the law, in your judgment, release 3'ou from making this report, on account of these discrepancies ? A. 1 thought that if I paid over the State money belonging to otiier parties, my official bond would be responsible. Q. You have made a showing and produced receipts to show that you have paid over $1,135 30 to the State, on account of delinquent land; what did you do with the balance of the $2,uiO you collected? A. I have got it; that is, if that is the proper amount. Q. You have showed us copies of letters, which you had written to parties in Vicksburg, and which have been returned to you ? A. Yes; and I have also copies. Q. What is the date of them ? A. November 21, 1874. Q. Were these letters written after or before 3'ou heard of the fact that you would probably be indicted % the Grand Jur}^ ? A. Before, Q. And before any affidavit was made against you ? A. No; but before the Board met; it was before I had heard anything of this. Q. Had the affidavits been made against you before you wrote this letter ? A. Tliey had. Q. The first money you turned over to the Auditor was on August 23, 1873; what lime did you collect the first moiie}' ? A. I don't remember now. Q, When did you first hear that these affidavits would probably be made against you ? A. In August, lo74. 216 Q. \yhen did you learn that it was not certain to whom this monev belonsfed ? A r don't understand you. Q. You said, that the reason wh}' you did not make a settle- ment with the Auditor, was that you did not know to whom the money bekmged ? A. I did not say that I learned it from anybod3^ partioularly ; it was my impression on — Q. When did 3'ou first get that impression ? A. I don't remember; after ex;amining the complete roll in the Auditor's office. Q. When was that ? A. Last summer. Q. In August or July ? A. I cannot state; sometime in August or July, or in the fall of 1874; I cannot phice the date. Q. What were you doing with this money from the time you collected it, and from the time you went out of office, on the 1st of January, 1874, up to August, 1874 ? A. I had the money; when you asked me a while ago whea the impression first came to my mind, I thought you were alluding to the discrepancies between the amounts paid over to the Auditor and the amounts collected; but I suppose it was witiiin a xevy short time after the land was redeemed that I became doubtful as to wliom the money belonged; I remem- ber Judge Marshall and Judge Cook came to me the da}^ after, and told me that the land was wrongly redeemed. Q. You went out of office on the li^t of January, 1874? A. Yes, sir. Q. Why was it that you retained $9 8 10 up to the 31st of October, 1874, money that you knew belonged to the State? A. 1 did not kuow that it did. Q. How did 3'ou find out that it did belong to the State? A. I have not found it out yet ; Mr. Nugent, the attorne3% told me that if the money had been paid into the Treasury, and if it was i-ightfully paid, he thought I could not be in- dicted, and he advised me to get the correct amount from the Assessor's roll in the Auditor's office, and make a settlement, and he did not think that I could be sued for the monc}^; I am still in doubt whether the money belongs to the State. Q. You were in doubt, and still with that doubt you paid $1,100 00 into the Tj'easury, wh}' was it that refused to pay over the other nine hundred dollars? A. Because the land was not assessed properly in mj' office; I had but two assessment rolls; in the Auditor's office they have a complete roll, and I can get the assessment there for each year ; in m}^ office I had onl}^ the assessments for two years; I. made the calculation with Mr. Smith, the Land Clerk in the Auditor's office, and I made m}' settlement with the Auditor at his figures ; if he had said that the whole amount was due to the State, I ^\ould have paid it over. 217 By Mr. Sullivan: Q. Where is the balance of that monc}'? A. I have got it; I wrote to these parties that I would pay the mone}' over to them, if I was not brought in Court ; but if the case went to Court, and the Court decided that the money belonged to the State, I would have to pay it it over to the State; I will state, that George M. Davis redeemed a tract asses>ed at twenty-four dollars an acre; he settled at this figure, and when I came to Mr. Smith and told him about it, he claimed ten dol- lars more, and Musgrove & Hinkling said that it should have been redeemed at five dollars an acre, and that two much had been paid in; the Auditor finally agreed to receive it; I col- lected $172 50, and the Auditor claimed about $185 00, while Musgrove & Hinkling claimed that there was a surplus am.ount paid to me, that should be returned; I wrote in regard to that, and have in answer a letter (from the Cashier of the Vicks- burg Bank), written in Jul}^; Mr. Hinkling will come and tes- tify' that this surplus money was returned to him ; that was before anything went to Court ; but after the matter went to Court, of course I would not refund any monej^, until I found out who to pay it to. Q. Are you sued for this money, on 3'our official bond, by either the State or any individuals? A. No; Musgrove & Hickling threatened to sue* Q. Have you been sued? A. No» Q. How is this case to be settled, then^ in Court, if you are not sued? A. I am indicted for embezzlement; if I am convicted^ the monev beloni^s to the State. Q. Do you think that that amount, under that indictment, involves the question as to who the money belongs to? A. It is connected with that business. Q. You are indicted for embezzlement ? A. Yes. Q And you are holding monej- that belongs either to the State or other parties? A. Yes. Q. That suit is not between ^^gu and these parties? A. Not exactl3\ Q. You ^Ad jou would pay over the money to the parties " if this matter was kept out of Court;" this matter is not in Court. A. I think it is; what am I indicted for? Q. EmbcEzlement; but the matter as to whom this money belongs to, is not in Court. A. I think that is involved in the question. Q. You say that when 3'ou learned that you would probabi}- be indicted, you consulted 3^our lawyers, and the}^ advised you to make a settlement with the Auditoi ? A. Not because I was compelled to; they simply said that 218 this land business in the Auditor's office was so much raixed up — and from a letter fr€>ni the Auditor, I knovv it was — that it \V()uid be difficult to say whom the hind belonged to, and they advised me that if I made a complete settlement with the Auditor, they did not think that the District Attorney would advise the Grand Jury to indict me; Col. Nugent told me tliat himself, and Judge Hill, he said that the matter was mixed up. Q. Why did you not make 3'our final settlement, as they ad- vised? A. [ did; I settled for ev'ery tract of land, every piece, at Mr. Smith's own figures. Q. It is ill proof that deeds, amounting to two thousand dol- lars, were made by you, and 3-ou have only produced receipts for elevea hundred dollars? A. Well, I stated just now, there were but two assessment rolls in my office, and you know that land is assessed at differ- ent fiiiures in different years. Q. Did you say that you made a report of all the money you collected? A. No; of all the land redeemed. Q. It is in testimou}^ that there are deeds for over two thou- sand dollars, made by you, and the money collected by you; how do you account for the discrepency ? A. Allow me to ask you this question? Q. I am n')t on the stand; how do you account for that dis- crepancy between the amount collected by you, and the amount }ou paid into the treasury? A. Because the parties redeemed the land from me at a higher figure than should have been paid, and the assessment roll in the Auditor's office shows that; I made the settlement with the Auditor at his own figures; and I wrote to these parties in Vicksburg; I was threatened to be sued. By the Chairman: Q Why was it that you never kept any record of the amount you collected, on the land book; you had such a book in 3'our :)ffice; wh}- did you not keep the amounts which you collected in til at book; there is a column in which 3'ou state the date and to whom sold; why was it that you did not keep that book? A. It was kept to a certain extent; I had that book made. Q. The law requires a book of that kind to be kept ? A. I kept it on the book sent to me by the Chancery Clerk ; the law required him to give me a list; I kept a list of the land that was properly redeemed. Q. Did 3'ou not keep a record of the land that was im- propeily redeemed ? A. No. Q. Why did you allow any person to redeem any land when 3'Ou had an3' doubt ? A. I did not have any doubt then ; I did not always record 219 it on the same day; and sometimes parties would be redeeming the whole tract, and sometimes only a portion. Q. You could not allow them to redeem it except in proper sub-divisions ? A. I think a party would have a right to redeem two acres, or one acre, if he wanted to, or five acres, if he wanted to. By Mr. Allen: Q. You kept a record, and entered it on your book, when ever Mrs. Cardozo was the purchaser of land ? A. Yes, sir; those purchases w^ere entered ? Q. They were all entered ? A. Yes; on the book that was handed to me by the Chan- cery Clerk; that new book that you saw in the office, I ordered made before seeing the law — the law that requires a certain book to be kept. Q Did you keep your private record on a book or on a piece of paper '? A. On a piece of paper. Q. Have you got that yet ? A. Yes; it was on blanks. B}'' the Chairman: Q. You may make any additional statement that 3^ou may desire. A. I believe I have nothing further to state; I don't know whether I stated to Mr. Allen that I reported certain lands to the Auditor before the affidavits were made against me; here is a letter Irom the Auditor that will show that; before these affidavits were made, I heard of certain parties who would bring this land matter before Court; I told Mr. Gibbs about it when I went over from Vicksbnrg, and gave him a memoran- dum of these tracts of land that I had in my possession; and before any action was had on the affidavits, the Auditor wrote this to me. Q. That was while you were being tried for the witness cer- tificates ? A. Yes; I told Mr. iNIusgrove about this matter long before any of the troubles came up: and in Judge Cook's letter, he actually refuses to receive the money; he said the Board oi Supervisors had no right to reduce the assessment; it Mar- shall's case there were colored men, who came to me and pro- duced their deeds, as having entered the land five or six years ago, and the deeds sent to me from the Auditor's office did not compare with the Auditor's roll; it was customary whenever parties came up to purchase land in the Auditor's office, they made a memorandum on the deed, and entered it in the book also; in regard to the land purchased by Mrs. Cardozo, I will simply say this: The time had expired for the legal owners to redeem it; I found out what the land was assessed at, and purchased it for her; the assessed value of the land was .|2,700; 220 when I came over here to the Auditor's office, I found that other parties had owned the hind for some time; I told them, I thought this kind belonged to the State; the assessed value was S2,700; that seemed very fair, and if I had been satisfied that the land belonged to the State, I would willingly have paid the two hundred dollars for it; birt when 1 came up here, 1 found out that other parties had entered it, I settled it and paid the taxes on it; but I don't expect to gel an acre of it. The Committee here adjourned, subject to the call of the chairman. EIGHTH DA i^ Jackson, Miss., January 9^1875. The Committee met at the call of the chairman, a quorum being present. O. S. LEE, Being duly sworn, says: [Examination in chief,'] Q. State j^our occupation and position ? A. I am Lieutenant Colonel and Aid-de-Camp to Governor Ames. Q. \Yere 3'ou in Viclisburg on or before the 7th of Decem- ber, 1871? A. I was tliere on the 5th; arrived on the morning of the 5th. Q. State all you know in regard to the riot or insurrection that occurred there on the 7th of December, and all matters pertaining thereto, that occurred previousl}^ within your knowledge ? A. I know of nothing that occurred, of my own knowledge, previous to the time we went there. Q. You were ordered there by the Governor? A. Yes; in connection with the Adjutant General. Q. Did you see any riotous or disorderly- persons in Vicks- burg? A. I will make a statement of it: The Adjutant General and myself were ordered to proceed to Vicksburg, and to ascer- tain, as near as could be done, the cause that led to the dis- turbance with reference to Crosby having been dispossessed of his office, and also to keep the Governor advised of anything that might transpire; of m\' own knowledge I know nothing of the orders given to Adjutant General Packer; we reached Vicksburg on Saturday morning: met several citizens there 221 during the day; had conversations with them with reference to Crosb^^'s being dispossessed of his office; nothing definite was done, however, until Sunday morning, when Major Pax- ton and Captain Bedford called on us at the St. Nicholas, where we v/ere stopping, and had a conference there with us; they claimed that they had exhausted all legal remedies; that is after going over the grounds with reference to Crosby's having been dispossessed of the office; they justified their con- duct, and the action of the Tax League with reference to forcing Crosby to resign; they claimed that they had ex- hausted all legal remedies; it was suggested b}^ us, that so far from having exhausted all legal remedies, that they had not even attempted the most simple, that was to enjoin Crosby' from acting as Sheriff; they claimed that that would meet with no success; that Judge Hill, they said, would not grant any injunction; we then asked them whether they had made the attempt to enjoin him before Judge Hill ? They said they had not; I then told them if they failed before Judge Hill that even then the}' had not exhausted all the legal remedies, that the Justices of the Supreme Court could grant the injunction; it was then advised by Gen. Packer, in which he concurred, to apply to Judge Hill; they said that they had an injunction partly prepared, and it was suggested that the best plan would be in case no injunction could be obtained in Vicksburg, to send a delegation to Jackson and report that neither Judge Brown or Judge Hill would grant an injunction, and sue out an injunction before any of the Supreme Judges; but, to go back, Judge Brown had come to us and stated that his Court had adjourned to meet on Monda}', the seventh, at ten o'clock; the object, which we had in view was to so arrange things that the Court would not be delayed; the matter was adjusted in a manner satisfactory to all of them; the suggestion was then, as I said, that they should take out this injunction against Crosby, that he should be en joined, so that on Monday when the Court met there would be no Sheriff to act, and that that would give Judge Brown the power to a]>point one pro tern.; the Board of Supervisors was to meet on Tuesday; it was understood that Crosby could give a new bond, and that was all that they demanded; acting upon that suggestion they drew up the necessary affidavits ; they then con.'luded to visit Judge Hill in company with Adjutant General Packer; I think Mr. Patton, Mr. Paxton, Mr. Bedford and Judge Lea went to see Judge Hill, and there the arrange-' ment was made, I understand, of the kind we had suggested, Judge Hill agreeing to grant the injunction, provided the aflli- davits were properly drawn; that was about five o'clock when that conference ended, in the evening; about nine o'clock in the evening, I left Adjutant General Packer on Washington street; he was in a hack, and Crosby was with him; he said he had received information that colored men were coming in the next morning, and he was endeavoring to prevent them; Ia—16 222 we went to almost every livery-stable in town to get horses; by this time it was eleven o'clock; his object was to g'it horses and send men out to notify the parties in the country that the matter had been adjusted; we failed to get the horses; we then went to a colored church, on Walnut street, just below the Market-house; Crosb}^ selected five or six friends there, and he gave them instructions to go in the countr3% and if they could not get mules, to go on foot, and to notify the col- ored peoi)le in the country that the matter had been adjusted; we went out, Crosb}', General Packer and myself; they had an interview with Ben Allen; I don'l know any thing about that interview, I was in the hack: when we got back it was one o'clock; I went to bed at the St. Nicholas; General Packer came in a few minute: afterward; then between three and four o'clocdf, I suppose, I heard the alarm bell ring: I woke up Packer and asked him what he thought of it; he said that the citizens did not probably all understand the arrangement that had been entered into; we did not move out until half past seven o'clock; I saw then quite a number of armed men on the streets before getting to the Court house; at the Court- house we found two companies, at least, and small bodies were moving out on the various roads; I saw nothing of the fight- ing that took place; I saw some firing from the top cf the Court-house, three-quarters of a mile oflf, I suppose; I saw some prisoners, among them, one or two were wounded ; those prisoners that were taken were put in jail ; I had an in- terview or two with Judge Hill and Judge Brown on that day; there was no solution that they could offer to the difficulty; I saw an attempt made on Monday night to take Crosby out; thMt was between sundown and dark; one of the companies from the country made the attempt; I heard them say that they did not propose to go away without him. Q. Whose company was that ? A. I am not able to say whether it was Hogan's or Reed's; I don't know one from the other; I think it was members of Reed's corapau}^; Crosby was taken from these men by order of Beaird ; Mr. Pegram executed the order; I heard some very bitter remarks made in reference to Pegram, that it was a shame to have him taken Irom them, and that they had a good mind to take him instead. Q. Did they say hang him ? A. Tliey did not say " hang him," but I saw ropes, that I s"uppose were intended to be used, in the hands of one man there; he suggested that he had a rope; there was no further disturbance on Monday night; I went to bed; the next day I came to the Court house, and saw another attempt to take Crosby out; a conference seemed to be held among them; that conference lasted some twentj^ minutes, I suppose, and then all the drays and carriages were moved from oflf the street, and word was given for some one to go across the street and tell the women in the houses opposite not to look out; some one 223 said that they intended to ^ive Crosbj' a chance for his life; two men were on guard at the door, George Barber and Gus. Folks; then Beaird, who I presume was in charge, read an order of Col. French, to organize the Warren county militia, which was commenced immediately, he organizing one or two companies then under arms; from that time on it was quiet; on Tuesday morning we had another conference with some cit- izens; I was present there, Horace Miller, Pratts, McCarthy, Capt. Bedford, CoL French, and several others; I don't remem- ber now who the others were; I don't kno what the intention was, but finally it was decided that Col. Packer should proceed to Jackson by special train and interview Governor Ames; their object in that was, to a certain extent, to save the life of Crosby; it was understood that United States troops had been ordered to Vicksburg, and they assured us tliat the moment the troops left Jackson, it w^ould be the signal for Crosby's death, and not only his death, but others. Q. Who made that assertion ? A. Horace Miller; in fact all of them expressed themselves as being satisfied that the death of Crosby could not be pre- vented if troops were sent to Vicksburg. Q. That his life would be taken by whom ? A. By a mob; Gen. Packer and myself then came to Jackson and had an interview with Gov. Ames, and informed him of what had taken place; he informed us that no troops had been called for that day, but, that as far as entering into any com- promise was concerned, with these people, he would not, and could not, that they were in open violation of the law of the State, and he would have no communication with them; we went back to Vicksburg, met Mayor O'Leary, and it was de- cided that we were to meet at the Court house the next day; we w^ent there the next morning; by the wa}', it was on Tues- day that Crosby placed his resignation in the hands of Gen. Packer; that was befo'-e we went to Jackson; Horace Miller stated to us, that Crosby was anxious to resign; that he had had an interview with him, and that he felt that his resignation would save his life, and he asked me what I thought of it; I told hin that that was Crosby's own option; Miller, I believe, said that Crosby was anxious to resign, and had placed his resignation at their disposal; Packer then had a private inter- view with Crosby; that conversation was held before Crosby handed over hisVesignation ; Col. Packer stated to him: "You can do just as you choose; if you decide to make it, I will take it and present it to the Board of Supervisors; but," he said, "I tell you one thing, I believe your life depends upon that resignation; 1 believe, if you do not resign, you won't live to see the day after to-morrow ;" Crosby then stated to us, that he did not want to resign, but, as a matter of course, he did not want to lose his life; he did not want to resign, if it could be avoided, but if we considered it necessary to save his life, he would do so; that resignation was prepared, and placed 224 in Packer's hands, and was by him presented to the Board of Supervisors the next day, Wednesda\'. Q. Was an}' insulting language used towards you, or any threats made against you or Col. Packer, while you were in Vicksburg? A. There was towards me, by one George Cook ; I believe he accused me, on Monday morning, of being connected with Crosby in this office, and stated that he believed that Packer and I had both broken faith, and that instead of trying to keep the negroes away, we were instrumental in bringing them in; that it was a combination between Crosby and me; he after- wards retracted it, however. Q. Did he make any threat? A. No. Q. Did he use any violent language? A. No, sir; on Monday night, Col. Furlong and Beaird said — Furlong first — that they wished I and Col. Packer would remain in our rooms at the St. Nicholas; I told them that as far as Packer was concerned, he was at Judge Hill's house; they said that our lives were in danger, that there were quite a number of white men in from the countr}^, and there might be some demonstration made against us; that the feeling was very bitter, and as they were personal friends of ours, they wanted to know where to find us; they said that they would take all steps in their power to prevent any injurj^ being done to us; on Wednesday, Beaird came to us and said, that the feeling was very bitter against Packer, that it had been quieted the night before, but that in an interview with a reporter of the Times, Packer had made a statement which reflected against what they pretended to be, the Warren county militia, and that the feeling was strong against him on that account. By the Chairman : Q. Did you go to Vicksburg for the purpose of preserving the peace, or to take sides with either side ? A. To preserve the peace. Q. Do you think that 3'ou understood the state of aff'airs in Vicksburg, on the 5th of December ? A. Yes. Q. I want to read to you from the Governor's proclamation of the 5th of December. Do you believe the first "whereas" to be true ? A. I do. Q. Is the second " whereas " true, and if so, what county oflScials were they ? A. I don't know those that did not leave; I understand it was Davenport and Wilson. Q. Tliat second " whereas " is true then ? A. Yes, sir; I am satisfied of that. Q. Now, the third " whereas " — what Court was in session at that time ? 225 A. The Circuit Court. Q. Is the third "whereas" true ? A. Most assuredly, the Court was paral3'zed. Q. What paralyzed it ? A. I was not there to see that; I understood that the}^ had refused to allow the bailiff to enter and open Court. Q. Was the Sheriff interfered with? A. He had been compelled to sign his resignation. Q. Is the fourth " whereas " true ? A. That is true, to the best of my information. Q. Do 3^ou know any white official in the county that was requested to resign? A. No. Q. Do you know of any demonstration having been made against any white citizens ? A. I do not. Q. Is the fifth "whereas" of the Governor's proclamation true ? A. That I will not be prepared to st\y. Q. You think then that riotous and disorderlv persons did combine together for the purpose of compelling dul}- elected officials to resign ? A. Yes, sir. Q. And caused others to flee for their lives ? A. I do ; I am satisfied from what I have heard, and I am satisfied that it would have caused Crosby's death if he had refused to resign; Mr. Paxto-n, himself, said: "There is no doubt but what Crosb}^ would have been sacrificed if he had refused to resign." Q. You have read the proclamation issued on the 5th of December by Gov. Ames ? A. Yes, sir. Q. Do you think that the state of affairs in Vicksburg on that day justified the issuance of that proclamation? A. I do, sir. Q. Were there any portion of the tax-payers of Vicksburg opposed to the proceedings of the 2d of December? A. I heard some regret it; I heard Major Hunt regret it. Q. Were the}'^ a small minority ? A. They were a very small minority — very small. Q. How man}' persons were confined to the jail on the 7th of December ? A. I should judge twent3''-five or thirty; I saw two squads. Q. Do you know whether they were arrested on warrants or not ? A. I should suppose they were not. Q. Were any of them white men ? A. No, sir; I saw no white men among them. Q. How many colored men do you think were killed on the Toh of December in Warren county, from the best information you have ? 226 A. I have always estimated the number at not less than a hundred. Q. How man}" of the Tax Leaguers were killed ? A. I understand one was killed on Monday. Q. Are you sure thai he was a Tax Leaguer ? A. No; he was a white man, thougli. Q. How many colored men were wounded, and how many white men ? A. I saw but two colored men that were wounded. Q. Where did the fighting occur — in Vicksburg or beyond the city limits ? A. It was supposed to have occurred part inside of the limits and part outside ; I am not sulliciently acquainted with the limits of the city to know how far the corporation extends ; most of those killed on the Jackson road, I understand, were killed outside of the city limits. Q. How many white men do you think were under arms on the 7th of December, 1874, in Vicksburg ? A. I should judge from five to six hundred. Q. Do you think that Gen. Ames would have been safe in going to Vicksburg on the 5th, 6th or 7th of December ? A. I do not. Q. What would have been the result ? A. I think he would have lost his life on the 7th. Q. Do you think it would have been safe, considering the excitement on the 5th and 6th, for him to have been in Vicks- burg on the 6th or 7th of December ? A. I don't know that any personal violence would have been offered to him on the 5th ; I think his presence would have done more harm than good. Q. Do you think, then, that it was his dutj", under the cir- cumstances, to have gone there? A. No. Q. Do you think that it would have been proper for him to have gone there? A. I do not; it would have been eminently improper. By Mr. Caldwell: Q. How manj" men do 3"0u know were killed inside of the city limits ? A. I don't know any, I did not see them. Q. How many horses and mules do you think were captured b}' these parties, from colored men? A. It is impossible to tell what horses were captured; when- ever a horse was captured, he was taken charge of by some men. Q. You don't know of any houses, that wei'e plundered in Vicksburg? A. No. 227 By Mr. Allen: Q. You are Lieutenant Colonel and Aid-de-Camp? A. Yes. Q. Was your business in Vicksburg, on the 5th and 6th of December, by ordef of the Governor ? A. Yes. Q. It was in your official capacit}^ that you were in Vioks- buro- ? A. Yes, entirely. Q. What instructions did you have? A. I had none, myself; I don't know what the Adjutant General had. Q. You don't know what was the object of your visit? A. No; I understood that the Adjutant General had instruc: tions. Q. What did you understand that you were going there for? A. To preserve the peace, if it could be done, and to ascertain the best mode of doing so; I understood that the Adjutant General haa power, if he thought necessar}^ to call out the militia; he was sent there with discretionary powers. Q. When did you go there? A. On the morning of the 5th. Q. Wliat time did you get there ? A. Al)out half- past ten, or eleven; it was before twelve. Q. Were you there, generally about, on the 5th and 6th? A. Yes. Q. Did you receive from the citizens of Vicksburg, any in- dignity, on Saturday ? A. No, sir. Q. Did Packer? A. Not that I am aware of. Q. Did you see anything from which you had a right to be lieve that you were unsafe ? A. On Saturdav? No, sir Q. You felt no apprehension for j^our personal safety? A. No, sir. Q. Did you see any armed citizens, on Saturday? A. No, sir ; no arms that were visible. Q. You have answered that these " whereases," in the Gov- ernor's proclamation of the 5th, are true; I would like to call your attention to the first "whereas;" now, 3'ou say that 3'ou did not see an}' person in arms, and this says that the\' com- bined with force and arms ? A. They dispossessed tlie Sheriff by force and arms. Q. Do you know that to be true ? A. From information, yes. Q. You don't know, then, whether it is true or not, of your own knowledge ? A. No; 1 was not there, and did not see it done; I know from what the citizens said; they tokl me so; of course, I do not know it personally, because I was not there. 228 Q. The question I asked you was, Avhether the}'' were armed or not, and had combined together with force and arms? A. That I believe tliej^ did. Q. But you were not there ? A. No. Q. Then you don't know ? A. Of course, not of my own knowledge. Q. Then the second " whereas," you said, was true; did j'ou Bee any armed bodies of men ? A. No. Q. Then you don't know whether that is true or not ? A. No; except from the best information I have. Q. Now the third " whereas " — did 3^uu see any unlawful as- semblage on or before the 5th of December, 1874 ? A. No. Q. Then you don't know whether that " whereas " is true ? A. Only what I believe. Q. No\v the fifth " whereas " — is that true ? A. I did not say that it was; I simply said that I was not prepared to say. Q. Do you not think, having been in Vicksburg on Satur- day, the 5th of December, that if Governor Ames had gone there in his official capacit}^ as Governor, and had called a meeting of citizens, white and black, and had said to that meeting: "Gentlemen, you have complained of wrongs, I am here as Governorof the State, under my oath, to see that the laws of the State are faithl'ull}^ executed; state your grievances, and I will have the matter fullj- and fairly investigated; if your officials have been corrupt or incompetent, I will have them removed;" don't you think that that would have satisfied the people ? A. No. Q. What do 3^ou think would have satisfied them ? A. I don't think that they would have been satisfied with anything short of the resignation of Crosby. Q. Don't you think the Governor would have been safe in Vicksburg ? A. I don't think that any personal violence w^ould have been off"ered to him. Q. Do you think any insults would have been offered to him? A. Yes. Q. Were any offered to 3'ou ? A. They were not offered to me; but I am a very different person from Governor Ames; I have a great many friends in Vicksburg. Q. None were offered to Packer ? A. No. Q. Wh}', then, should they have been offered to Governor Ames? A. I think the feeling would have been much greater against the Governor than against Packer. 229 By Mr. Sullivan: Q. Was it not the newspapers that caused that feeling against the Governor ? A. I think they were responsible to a great extent. By Mr. Allen : Q. Don't you think that the appointment of Dorsey as Cir- cuit Clerk had something to do with creating that feeling ? A. Very little. Q. What was your means of estimating the number of killed on the 7th of December? A. From reports I heard the white citizens bringing in, Q. You did not see an}- of those killed ? A. No, sir. Q. Do you think that it would have been^safe to have al- lowed that large crowd of armed negroes to have come into the city of Vicksburg? A. I believe it would have been perfectly safe if the pro- gramme of the night previous had been carried out, and Crosby consented to the injunction; I think he stated to the colored people that he had made this arrangement. Q. How many colored people were marching on Vicksburg on the 7th of December, 1874? A. The only information I have is from white peple ; I should say, if the reports be true, that the number on the va- rious roads would amount to, about eight hundred; I have no means of ascertaining, except as I told you. Q. White people are generally as reliable as colored people, are the}^ not? A. 1 presume they are. By Mr. Caldwell: Q. State how many colored men you saw that day in arms? A. I did not see one. Q. How man}^ white men did 3^ou see in arms? A. As I stated, I should estimate the number between five and six hundred. The Committee adjourned, subject to the call of the chair- man. NINTH DAY. Jackson, Miss., January 12, 1875. The Committee met at the call of the chairman; a quorum being present. 230 A. T. MORGAN, Sheriff of Yazoo count}', being duly sworn, sa3''s: [Fxami- n a t ion in c h ief. ] By Mr. Sullivan: Q. State what you know about the taking awa^' of A. M. Mack, a Justice of the Peace of Warren count}^ from 3'our jail, in Yazoo county? A. Very soon after the disturbances in Vicksburg, 'Squire Harris, of Beat No. 1, which is the Beat adjoining Warren C()unt3% brought to me, as prisoner, A. C. INIack, who was charged before him with the killing of William Vaughn, at Snyder's Bluff, or near that place; the magistrate infoinied me that he had been arrested upon the complaint of IMajor Chil- dress, a citizen residing in his beat, and near the Wan-en. county line; he committed him to my jail, making out the commitment in the form as required by the statute; I asked the magistrate if iMack had had his trial; he said that he had not, that the feeling was such when he held his court, and there was so much excitement there, that he had deemed it best to postpone the trial, and commit Mack to jail; three or four days subsequently a man by the name of Patterson, in company with one ITogan — Captain Hogan — c'ame to me, bringing with them a warrant from Mann, a Justice of the Peace in Vicksburg, requiring me to turn over to them the body of 'Squire Mack; the}' had stopped at 'Squire Harris' ofKce to procure his indorsement on the warrant, whirh had been done; fearing that violence would be done to Mack if he was released, I called for m}^ attorney in Yazoo City, and ad- vised with him, to know whether or not it w^as my duty to obey the writ from the magistrate in Vicksburg at once; if I had any discretion in the matter, or if I could delay turning over to the Constables from Warren county, the prisoner, Mack, whom I had in charge at thf jail ; my counsel examined the writ, pronounced it to be in due form, and as required by the statute in such cases, and advised me that I would be held liable t^.s having violated my duty, if I were to refuse to turn th"? prisoner over to the Constables of Warren county promptl}^; I saw the Con- stable, Mr. Patterson, and also Mr. Hogan, and told them what I feared; I knew something of the condition of affairs in War- ren county, and my county joins Warren county; I live upon the Yazoo river, which empties into the Mississippi just above Vicksburg; I asked them what they thought about it ; the}' both pledged me their honor as men, that if I would turn Mack over to them, that he should not be harmcii, that they would see him delivered hiirmless to the Court in Vicksburg; they repeatedly arssured me of that; I took them to the jail, to the cell where Mack was, and they talked to him, I there and then asked Mack if he had any reluctance to go with them ; 231 he wanted to know what he was charged with ; I read the war- rant to him, or told him of it; he denied that he had killed Vaughn or any one else, and denied that he was in the fight at Snyder's Bluff, and said that he would have no difficulty in proving his entire innocence, and that he was not afraid to go with them; then in a conversation which I had with him, out of hearing of them, he told me that Mr. Patterson was one of his sureties on his official bond as magistrate, that he had lived as a neighbor of Mr. Patterson for a number of years, that he had great confidence in him, and felt sure that when Mr. Patterson told him that he would be delivered safely to the Court in Vicksburg, he would apprehend no danger; I then left Mack with these gentlemen; they asked me if it would be necessary to place any additional restrictions or guards for Mack; I told them that he would certainly be there in the morning, when they would call for him; in the morning, about eight o'clock, they came for him; they said that they were o-oing to take him to Vicksburg on a boat, that there was a great deal of excitement in Warren county, and it was pos- sible that they might be overpowered, if any violence was to be attempted, and, therefore, they were going by boat; but they did not go by boat; they went by land; just before leav- ing me, I heard them ask Mack where his horse was; Mack tofd them that he had left his horse with the magistrate who came with him; they asked him if he would turn over his horse to them; Mack told them that he would; that is all that I know of my personal knowledge of the matter. Q. You have heard since that Mack was killed ? A. I have a letter from the magistrate of that beat, in which he says that Mack was killed, and his body lay there for several days, without burial. Q. That was the Justice of the Peace in whose beat he was killed ? A. Yes. Q. He was killed, then, in your county ? A. So that magistrate informed me; near the Warren county line; he asked me whether he should go and hold an inquest on the body that was lying unburied there Cor several '-lays; I replied that it would* be his duty, I thought, to hold the in- quest. Q. Do you know whether he was killed on the main road, or oflr the road? A. I don't know personally, but it was near the Warren county line, and back from the river; I will state, in addition to what I have said in regard to their taking him from Ynzoo, that I suggested to Mack that if he would go before a magis- trate, in Yazoo city, and make affidavit that his life would be in danger, that I would take the responsibility of delaying, or send a sufficient guard with him; but he assured me that he had no fear, that he knew both tlie gentlemen, Ilogan and 232 Patterson; otherwise I should have sent a sufficient guard with hiro to protect him. By Mr. Gill: Q. Did the letter you received from the committing magis- trate state anything in regard to the time when Mack was killed ? A. It was while he was on his way to Vicksburg; the magis- trate informed me that they had brought him to his place, and that he had turned over his horse to the Constable. Q. Have you that letter with you ? A. No; I don't believe I have; I had no idea that I would be summoned; no, sir, I have not got it with me; I think I could produce it, however; I will add what Mack told me, if it is testimony: He told me — and part of his statement was made in the presence of Patterson and Hogan, both — he said, that some White Leaguers had been scouring that portion of the county, and taking away the arms of the colored people for a day or two— I don't recollect how long he said— and that he was President of a Republican club of that place, that they were hiding in the woods, and that some of them had got together for the purpose of protecting themselves; they saw Shannon's company coming down the road— this is what Mack said to me— they savv this company coming down the road, and two or three of them stood out in the road; they were then two or three miles from the place of the funeral; then some of the White Leaguers, three or four, rode out to where they were, and wanted to know what they were doing there; they told them; then they ordered these colored men to give up their arms; they would not do it; they were fired on, and then they commenced firing at this little squad ot three or four; the funeral was two or three miles from there. Q. Was Mr. Vaughn there when that firing took place? A. Vaughn, he said, was in this advanced squad wdio rode in advance of the white cora[)any, and demanded their arms, and fired upon them because they would not give up their arms; and then the colored men fired back; after that the whole company charged down the road and fired, and then the colored men ran into the woods; that was Mack's statement, C. E. FURLONG, Being duly sworn, says: [Examination in chief. ^ Q. Where were ^''ou on the 7th of December, 1874? A. In Vicksburg, Warren county, Miss. Q. State what you know about the riot or insurrection there on that day. A. Bet'A-een three and four o'clock, on the morning of the 7th of December, I heard the fire bells ring; I got up and looked out of the window; I thought there was a fire; after 233 making further inquiries, I learned that tliere were colored men approaching town in large bodies; I went back, but got up an hour or two afterwards, dressed mj'self, and went to breakfast at the restaurant; M. D. Lanier, a resident of the county, came to me in the dining room, where I was taking my breakfast, and said to me; " Colonel, the colored people are coming in town in large numbers, I wish you would come out with me and see if we cannot succeed in turning them back; " I remarked, at the time: "It is scarcelj' possible that they could be so foolish as to attempt to come in here; however, when I get through with my breakfast, I will go with you;" after breakfast I went down to my office, and had a conversa- tion for a few moments with Judge Morris; I then went up to Mr. Bender's stable and got a horse, and proceeded out Grove street with Mr. Lanier, to a point beyond Miget's house, on the Grove street road, which is, I think, a quarter of a mile from the Court-house; I went on some distance further, and Mr. Lanier stopped, and remarked, that he did not care about going out an}^ further, tiiat it looked like there was going to be a fight; he did not go any further, but I did; I rode on some distance further, and came up with a body of armed white men under the command of Horace Miller, as I subse- quently learned; I had a few moments conversation with Mr. Miller; he told me that there was a large bod^' of colored men coming in on that road, and that he was endeavoring to get them to return, but he did not know with what degree of suc- cess ; I rode on, with his cooimand, some distance, perhaps two or three hundred yards, until 1 arrived at a point on the Grove street road, this side of the residence of Ben Allen, and quite close to a grocery store, kept by a man named Murphy; when I reached that point, I looked down a ravine immediately in my front, and saw quite a number of colored men, from two to four hundred; I saw some of them with arms, though I do not think that they were all armed; I did not think that it was prudent to go an}- further; there was some bitter feeling manifested towards me, and I did not deem it prudent to go any further ; I then raised myself up in the stirrups and beckoned to a man, who I subsequently found out ^vas in com- mand of the colored men, Andrew Owens, a man whom I have known ten or twelve 3'ears as a hard-working, industrious and sober fellow ; I never knew an3^thing wrong of him ; a few moments after I arrived at that point, there were several men rode up, horsemen, among them, Ackerman, Doherty and some more whose names I don^t recollect now; a few moments after they got up, some person to the right of me fired; I do not know who it was; I afterwards understood that there were some white cavalrymen off to the right, a quarter of a mile; there were two shots fired, and after that a volley came from the direction where Owens' men were; I was not in a condition for a fight; I had nothing except a revolver, that I generally car- ried, but was in no condition to go into a fight; so after two 234 volleys, I think, were fired, I retreated back a little distance and met the advance guard of Horace Miller's command ; they came up a tew moments afterwards, and fired; not more than ten minutes elapsed until I saw Andrew Owens, and ten or fifteen of his men, coming along with a guard; I went and ap- proached Owens, and said to him: "I am astonished to see a man of your sense in this phice, knowing that the white men were prepared for everything of this kind;" he tohl me that he had been ordered in there, but that he had been deceived ;" I remarked to iiim, "that ma}^ be true, and you have shown a great deal of pluck here, but acted very foolish;" I then came in with Owens as far as the county jail, where the prisoners were j)laced ; I told Owens that my sym[)athies were with him, and I would do everything I could to protect him, for I ad- mired liis i)luck, but lie had certainly acted foolish; he told me that he liad been deceived, that when he came to town he ex- pectetl to find quite a number of other coh)red men to help him; I asked him then, if he had expected any assistance from the colored men in town? he said yes, they vvere to be joined by P. C. Hall's company; [ told him: '-lam sorry for you ; these men here are wild and reckless, but I think ^^tiiey are a good deal like myself, they admire a brave man ; and I don't think you will be disturbed;" he was then taken into the jail ; I then ascertained that there was a little skirmish out on the Cherry street road; I rode out there, and found a number of colored men retreating, there, about a mile from the Court house; I came back, and rode out toward the Pemberton monument; they said that there was a fight out there; during all that time, there was a good deal of excitement, and various rumors were afloat about armed bodies of colored men coming in ; I ascertained that there were five or six hundred coming in from the neighborhood of Newtown, but through the influence of some one, they were turned back; there were some, however, that came up the Warrenton road to within two or three miles of Vicksburg; and there was a dilficulty about the Ship Island railroad, and there was one wiiite man killed there, I heard; then, during the night, there was a good deal of excitement in town; I did not," however, apprehend any more difficultly, believing that these colored men had no leaders; but in order to prevent any further bloodshed, I went, the next morning, out on the Warrenton roud, Avith Thornton Montgomery, to stop a large body of colored men, whom we heard were coming in on that road. By Mr. Sullivan: Q. What is your politics ? A. Republican, as I understand the National Republican part^-. Q. Who did you vote for, at the last election, for Governor? A. Alcorn. 235 Q. Have you affiliated with the Republican party, for the last year or two? A. That depends altogether upon what you consider the Re- publican part}-; I consider that Alcorn and McKee, and several otiiers that I could name, represent the true principles of the Republican party; there are different opinions, however; you think, perhaps, that Governor Ames is at the head of the Re- publican party; there are two wings of the party ; I belong to the Alcorn wing of the party. Q. Do 3'ou belong to any White League company, in Vicks- burg? A. No. Q. Do you know of any armed organizations existing in Vicksburg? A. No. Q. You know of no armed organizations there, at all ? A. Onh' the militia. Q. Do you know of any armed organization outside of the militia ? A. None that I know of ; there are two companies, one is Crump's, but he is dead, now — and one commanded by Colonel. French. Q. You spoke of a company under command of Horac Miller? A. Yes. Q. How was that company organized? A. I have no idea. Q Have you never heard of Colonel Beaird having a com- pany there? A. No; he never had any, that I know of. Q. Have you never seen armed companies, or squads, patrol- ing the streets, during last summer ? A. Yes; several times I have seen the colored militia, in June and July. Q. You have not seen an}' colored militia companies on the streets since July ? A. No; I think not. Q. Have you seen any white companies on the streets of Vicksburg ? A. Sometime in July, I think, there was a colored man killed by Mr. Hazlet; at that time the feeling ran pretty high, and up to that time the white men had not turned out; the colored militia had been out frequentlv, under command of P. C. Hall, and had drilled frequentl}', in a lot on Cherry street; at that time I went to Daveni)ort and several others, and told them that I thought it imprudent, in peaceable times, to go out on the streets with arms, and that I would advise them not to ik) an> drilling on the sidewalks, that it might provoke a bad feeling, and showed a bad spirit; then when this man was killed by Hazlet — and I believe it was a justifiable homicide — 236 • there came out a compan}^ of white men to protect Hazlet, and after that I did not see any colored militia on the streets. Q. Have you never seen any other companies of white men on the streets ? A. No organized companies; I have seen plenty of men un- der arms. Q. Do you know of large quantities of arms having been received in Vicksburg within the last six or seven months — guns and Winchester rifles ? A. Not of my own knowledge. Q. What do you know, personal}}', or otherwise, in reference to it ? A. Personally, I know nothing of it ; I have heard it rumored that they have received some. Q. Have 3^ou never heard the statement made in conversa- tion with citizens of Vicksburg, that they had received such arms ? A. No; I had not got that far along with those gentlemen; I presume, though, that they did receive some arms; I did not receive any; I have only my breech-loading shot-gun; I think they got some arms, and I don't think that you can blame them for it under the circumstances ; things looked squally. Q. Have you ever heard the statement made by any one that the Democratic or Conservative party was bound to carry the county of Warren at the ensuing election, and that the}' would carry it one wa}^ or another ? A. No, sir; I don't believe I have. Q. Have you never heard that assertion made ? A. No; I don't think they would say any such thing; I don't believe that they have any desire to kill anybody or hurt anybod}-; they would hurt themselves by it, hurt business, mercantile pursuits and the making of crops. By Mr. Cessor! Q. You said 3'ou heard the bells ringing between two and three o'clock in the mornins: ? A. Between three and four, I think I said. Q. Did you not know of something of this kind before ? A. I had heard a great many rumors, but I thought the col- ored people had too much sense to try an^'thing of that kind. Q. Were you not satisfied that there was something of that kind going on ? A. Not personally; as I said before, I thought the colored men had too much sense to attempt to come in. Q. You had a pretty good influence with the colored men ? A. Yes; I have been living in the county ten or twelve years. Q. Don't you think that you could have stopped a great deal of this bloodshed, if you had exerted yourself and gone out in the country ? A. If r had had the proper authority from the Governor as 237 Brigadier General of militia, I could have stopped it, but not as a private citizen. Q. Did you not sign yourself as Brigadier General, or as an officer, while Packer was over there ? A. Yes; I have my commission yet. Q. Then 3'ou are General Furlong? A. I reckon ; I don't know how that is; that is a matter for the Governor to decide. Q. You stated that you rode out in front of a command on Grove street ? A. Yes. Q. In front of an armed body of men ? A. Yes. Q. Did you shoot at anybody on that day ? A. No, sir. Q. Did you have a gun on that day ? A. No, sir. Q. Did 3'Ou have a pistol ? A. I did not draw any pistol; I had one. Q. You stated also that you heard somebody fire ? A. Yes; to mj^ right. Q. Was that firing in the white men's companj^ ? A. I cannot tell; there was a ravine to my right, there was white cavalry to my right, and there were colored men to my right; I know I left after the first volley; I had nothing to shoot with. Q. You told Owens that he ought to have had better sense than to have come in town when he knew that the white people were so well armed ? A. I told him, I did not think he could have got in town, that the white people were better disciplined, and that they h,ad better guns. Q. That goes to prove that you knew something of their organization ? A. No; they were always fixed; Southern people are always armed; I have known that for the last ten or twelve 3'ears; Southern people are alwa^^s armed; I believe you cannot go into any Southern man's house without finding that he is armed; and, I think, that is true with regard to the colored people too. Q. Did you see any colored men with arms on that day ? A. Yes; quite a number. Q. Did you see any of them fire ? A. No; I cannot swear to that, but I saw the fire come from the direction where they were. Q. You saw none killed by colored men ? A. Not on the Grove street road; on the other road I saw where Brown was shot from the Shirley house, where the fight was; that was later in the day ; the Grove street fight was first, then the Pemberton monument fight, and while ihose men In— 17 238 were out on the Pemberton Monument road, this man Brown was sliot at the Shirley house. Q. You said that you adv^ised the colored men not to drill on the sU'eets in Vicksburg? A. Tliat was in Jul}-; I told them, in a friendl}'' way, that if I was in their place, I would noi drill on the streets. Q. Did you not see white people drilling on the streets ? A. Not then: they had arras, but were not drilling; I saw them with arms afterwards, but I never saw them drill; I thought then tiiat it was in a bad spirit for Hall to drill on the streets. Q. You have a Winchester rifle ? A. No, sir. Q. Are you aware of anybody having been killed after the fight ? A. No, sir; I don't know of am body. Q. Were there armed bodies of men patrolling the country after the fight ? A. Not that I know of; I have heard that some went out to protect the houses of citizens ; I heard rumors that colored men were going to burn houses, and of two. or three squads of citizens going out; Shannon's company, I think, went to Oak Ridge, and I heard from Stith that they did not meet any colored men, and had no trouble at all. Q. Do 3^ou say that you consider Alcorn as representing the Republican party of this State? A. Yes, sir; I think his speech on the civil rights bill ought to satisfy you . Q, VVas not Alcorn defeated by the regular Republican party at the last State election ? A. I decline to answer that question. Q. Don't you think that this insurrection and the troubles in Vicksburg iiave grown out of politics? A. Most emphatically, no; I have no hesitation in answer- ing th.'tt question. Q. Have 3'ou not yourself met, in the city of Vicksburg, op- position to your politics when you were Sheriff? A. Of course; there are always two sides to politics. Q. Did not the majorit}" of the Democrats support Alcorn at the recent election ? A. 1 decline to answer that question. By Mr. Sullivan: Q. VVhila yoi5 were Sheriff of Warren county were you not only ostracised, but insulted and abused, and were you not struck by a mob A. I decline to answer. Q. And hit on the head with a brick on Washington street? A. 1 decline answering the question. Q. Do you believe that if the colored people had gone in 239 town on that day, that they would have attempted any vio- lence against the people of the town ? A. From my conversation with Andrew Owens I am inclined to think they 'expected a fight; he said they expected trouble; I am a friend of Owens, and I regret very much that any blood was shed. Q. Don't vou think that there was a great deal of unneces- sary bloodshed on that day, and a great number of colored men killed, that there was no necessity for ? A. I don't know anything about that; in mobs it is very hard to control the mob; a" leader of a mob to-day may be the vic- tim to-morrow. Q. You said thev were disciplined ? A. No; I didn't'say anything of the kind; I have nothing in the world against the colored politicians. By Mr. Allen: 'Q. You say that Andrew Owens told you that he had orders to come to Vicksburg ? A. Yes, sir. Q. Did he say who gave him the orders to come? A. Yes; Crosb3% the Sheriff'. Q. Did he say for what purpose he was ordered there? A. Yes; to reinstate Crosby. Q. If there was an insurrection in Warren county on Mon- day, the 7th of December, 1874, who were the insurrection- ists? , A. In my opinion the colored men in command, who ap- proached the town of Vicksburg. Q. Don't you believe, from what you know as a citizen of Vicksburg. that the citizens armed themselves only for defen- sive purposes? A. Solely for defensive purposes; they did not apprehend trouble. Q. Were you in Vicksburg on Saturday, the oth of Decem- ber ? A. No, sir; I was here in Jackson; I had a conversation here with O. S. Lee; he showed me his commission as Lieu- tenant Colonel, and he told me that that commission meant gunpowder; I said to him. " Y^ou and I have been soldiers together at Vicksburg " Q. When did you go to Vickburg? A. I went there on Sunday morning (the 6th) I believe; it was on Friday evening when I had that interview with O. S. Lee and Packer, here in Jackson, and I went to Vicksburg on Sunday morning; they went on Saturday. Q Do you believe that on Saturday, the day when the Gov- erner issued his proclamation, if Governor Ames had gone to Vicksburg in person, that he would have received any insult or personal violence? 240 A. No; on the contrary, I think he could have settled this whole trouble. Q. Do you think, if he had gone there and called a meeting of citizens, white and black, in his official capacity as Gov- ernor of the State, that he could have settled this trouble? A. Without a particle of difficulty; there is no animosity personally to Governor Ames; his administration may be ob- jected to, but personally he is just as safe there as you and I. Q. Were you in the Federal army during the war? A. Yes. Q. Were you there up to the surrender? A. Yes. Q. Were you an officer in the Federal army? A. Yes. Q. You have been a Republican since the surrender and up to this time? A. Yes; I cast my first vote after the surrender. Q. You have continued to vote with the Republican party up to the last State election? A. Yes. By Mr. Gill: "Q. In case there was an insurrection in Vicksburg on the 2d of December, 1874, who were the insurrectionists ? A. If there was a mob therCj then I could answer; but, inas- much as there was no insurrection, I can give you no answer; there was no insurrection. Q. What do^'ou call the crowd of citizens that went to the Court house? A. As far as that crowd is concerned, I know very little about it; I was in mj^ office all that day; after dinner, some gentlemen sent for me — Beaird, I believe — I went up there, and called Judge Cowan aside and said to him: " Judge, I don't like the feature of things here; I am afraid 3'ou are acting wrong; it looks like treason to me." Q. You say there was no insurrection in Vicksburg on the 2d of December ? A. There was not. Q. You don't call it insurrection when a mob demands the resignation of the officials of a count}*? A. No; 1 don't call that insurrection; it is not insurrection in its true sense. Q. I would like to know what you call it, then? A. On that day, I looked upon it as a crowd of citizens, who had been oppressed, and their rights trampled upon; I thought the action of the Board of Supervisors had been such as to give good ground for an oppressed and outraged people to take the law in their hands, or, that they had arrived at that point whcic forbearance ceased to be a virtue. Q. You think they had sufficient ground to get up an insur- rection or a mob ? 241 A. There was no insurrection, and no mob, there; but I had no sympathy with their movement ; I believe in exhausting all legal remedies; but then, the Board of Supervisors had failed to meet, and I don't blame the people for getting mad and out of patience. Q. You answered so readil}^ that the colored people were in insurrection on the 7th of December, and j-et you don't think there was a mob on the 2d of December ? A. None that I know of, from personal knowledge; and whether they are colored or white people, is nothing to me; I have just as much respect for the honest, hard-working colored men of Warren county, as I have ever had; I am no enemy to that race; I am their friend as far as I can go reasonably; but, as a man and a citizen of Vicksburg, I think the people of Vicksburg were justified in their course; I went to the front, on that da3% and I will cheerfully say, that I would have fought, had I been prepared; I went out to try to turn those colored men back, but, if it was necessary to fight, I went out there to fight. By Mr. Sullivan : Q, You don't think it was necessary to fight, then? A. Yes; but I was in no condition to fight; I had only a pistol. B}'^ Mr. Cessor: Q. Were those colored men there on that da}^ the same men that elected 3'ou Sheriff of that county? A. I decline to answer that question. By Mr. Sullivan : Q. Were you not abused as much through the public press of Vicksburg, and were not as many or more charges made against you by the Democratic papers, while you were Sheriflf, as against Crosby? A. I decline to answer that question. Q. Are you not bitterly opposed, politically and personally, toward Governor Ames? A. I decline to answer that, most emphatically. B}^ Mr. Cessor: Q. You stated that you were in favor of exhausting all legal means; Is it y^our opinion that all legal means had been ex hausted by the citizens of Vicksburg? A. No, I think not; I am free to say that; but the truth is, the Board of Supervisors refused to act, and you could not get at the legal remedy, because they refused to act. Q. What is your definition of the word insurrection ? A. Witness refers the gentleman to Webster's Dictionar3^ Q. Do you or not know the correct difinition of the word in- surrection ? 242 A. I respectfully refer the gentleman to Webster's Dietionar}' The Committee adjourned subject to the call of the Chair man. TENTH DAY. Jackson, Miss., Januar}' 13, 1875. The Committee met at the call of the Chairman, a quorum being present. J. A. CASSEL, Being duly sworn, says: ^Examination in chief. 1 By Mr. Gill: Q. ^lake a statement of what transpired in connection with the Vicksburg troubles, on the 7th of December, 1874, from your own knowledge. A. On Sunday, the 6th of December, I attended a colored church, for which I keep the books; they had some business to transact at the church; I transact all their business, for which they pay me; at the close of the church, thej^ handed me a card, and also the Governor's message, and requested me to read them to the audience; I read them ; then they re- quested me to give them my opinion; I told them that I thought there was no danger for them to go to town as peace- able citizens, and no one could object to their going to town ; those who went from my section of country went to town un- armed; I saw but one man with arms on the following da}', the 7th, and him I called to my house, and persuaded him to leave his gun ; I told him that he did the onl}- thing that would get him in trouble, and get him killed; he left his gun, and came back in about two hours and got his gun and went home; that was on the morning of the 7th of December ; then, when I went to the school-house, which is about three miles and a half from my house, there I found but five scholars, and owing to the confusion caused by men going back and forth, I dis- missed them at once, and left for home, thinking that my famil}^ would be disturbed; I went across on an opposite hill, perhaps Ijalf a mile from my school-house, when I saw some white men charge down that road by n\y school-house, jtnd shooting; there were four of them; I do not know whether they hit anyboch' at that time or not; I went home; in the evening, a little before sundown, I just got out of my house and had a lamp in my hand to go to the store, which is but a short distance off; just as I got out of the house a squad of 243 cavalry came up, all armed with guns and pistols; I did not count "them; I judged there were fifteen to eighteen ; one of my neiiihhors, who says he counted them, told me that there were twenty six; when I saw them, of course by that time they saw me, and I did not retreat; I went and faced them; I went about ten steps, and they halted me in the stre«>t; they never accused me of having done anything, or of having had anything to do with any riot; the first question that one of them asked me— I know his name, but I do not desire to give it— Q. Why do you desire not to give his name ? A. My 'family is there, and I intend to go back there, and my life has been threatened by those parties, ^nd I desire to make my testimony as brief as lean; the first question he asked was: "What is your name?" I said : " My name is Cassel, sir;" he then said: "Oh, yes, we know you; you are this Radical son of a bitch that makes speeches around the country; we are soingto take you down here and hang you up on a tree; move on;" I did not move; I looked at him; then another said: " No, damn you, I'll shoot you down right liere;" and he raised his gun right at my head; by that time a third one attempted to get down oft* his horse, and said: " You seem to take it so cool, I'll get down and shoot you ;" as he attempted to get down from his horse I looked over the crowd, and recog- nized Judge Cowan, Warren Cowan, whom I knew; I simply spoke to him and said: "Good evening, Judge;" he nodded his head to me, and then he told his people: "Hold on;" he then asked me whether I knew who had circulated those cards and the Governor's proclamation; the Governor's proclama- tion was iss-ied in an extra; I answered him, and then he gave orders for his squad to move forward; they told me then: "You will be gone from here by Friday evening, if you know what is good for yourself;" one or two of them said that; I did not go away; I went about my business until Thursday morning; in the meantime, I saw one of my neighbors; he asked me liow I felt when they had their guns at my head— whether I did not feel afraid; I told him that I did not, that I onlv felt ashamed, for fear that it might be thrown up to my children that their father was killed by a coward; then he asked me whether I was going to leave; I told him that I did not consider the order official, unless it came from the com- manding officer of the squad; then on Thursday morning, another'squad came from toward Vicksburg, and another squad from i)elow ; each squad contained about fourteen or fifteen men, perhaps; one of them stopped and called me out and said: "I understand that you do not consider the order we gave you the other day as ^official; I want you to understand that it is, and if you are not away from here by to morrow, 3'OU are a dead man;" that was on Thursday, and then I left; that is as far as I was connected with it; in the meantime, I have ascertained the number that were killed; in the neighbor- 244 hood of my school there were three of the patrons of my school killed, one of my scholars was killed, and one escaped that was wounded — all at their houses; I did not see that, but know that the}^ are dead. By Mr. Sullivan: Q. Have 3'ou seen armed bodies of white men riding through the country at various times ? A. Oh, yes; every day. Q. Armed and in companies? A. Armed and in companies. Q. What were they usually termed; do you know anything about what their purposes were ? A. Their purposes I asked them ; they told me that their purposes were to protect their families ; they have one armed company almost in front of my door. Q. Were the}' all White Leaguers ? A. Yes; they were White Leaguers; they are organized as Captain Batchelor's company . By Mr. Allen: Q. What is your occupation ? A. I am a school teacher. Q. What kind of a school do you teach ? A. A colored school. Q. How long have you lived in Warren county? A. About six 3'ears. Q. Where did you come from ? A. From Pennsylvania. Q. What kind of business did you follow there ? A. I taught school in Penns^-lvania. Q. What kind of a school did you teach in Pennsylvania ? A. T taught a white school, or rather a common school; be- sides teaching school, 1 am also keeping post-office. Q. At what place ? A. At Mount Albon, Warren county. Q. How far is that from Vicksurg? A. That is by the road about seven miles. Q. How far is it from where you live to where you keep school? A. Three miles and a half, about. Q. When you are at school who keeps the post-office ? A. I deputize one to keep it. Q. Who is 3'our deputy? A. A man named Bugg attends to it when I am not there. Q. Is he white or colored ? A. He is a white man; sometimes my wife attends to the post-office. Q. You say that you are Secretary of a colored church? A. I keep their books for them, and have done so for the last five years — do all their writing. 245 Q. Were you at that colored church on Sunday the 6th of December ? A. I was. , ^ , , 1 Q. I understood you to say that you read Crosby s proclama- A. 1 read the Governor's proclamation and Crosby s card. Q. What object did vou have in reading them ? A None whatever; I read them simply because they handed them to me, and I do all their writing, and all their reading for them, and they pay me for it. Q. They pay you for it ? n i, i A. Yes; they pay me two dollars a month for all the worK they have me to do on Sundays. Q. You do that work on Sundays ? A. Yes ; when they have any business. Q. Is it customary to read political documents on Sundays in the country ? A. I don't know about their custom. Q. You have been there four years ? A. You mean that church ? Whenever they have anything to be read, I read it out at church. Q. You read political documents on Sunday? A. I do not kr;ow whether they regarded them as political documents or not. Q. But is it your custom to read political documents on Sunday at church ? t.. i A. i never saw \hem, or knew of their reading any political documents at that church. Q. Did they not ask you to read these documents? A. They handed me'the papers and asked me to read them. Q. Which did you read first, the Governor's proclamation or Crosby's card ? -r i • i t wu A. 1 am not quite positive as to that ; I think i read tHe Governor's proclamation first. ^ Q. Did I understand you to say that to Governors procla- mation was issued in an "extra?" A. Yes. Q. Do you know how it came to that place (Mount Albon)? A. I do not ; I know it was handed to me by one of the members of the church; they had a little bus ness to do, and, after I had done the writing, they asked me to road these papers. Q. What comments did you make upon those two docu- ments ? , , , 1 . i. A. They wanted me to state wdiether they should go to town or not ; I'told them that the law did not prohibit them from going to town peaceably, but that they should not go in arms. Q. This proclamation don't say anything about going to town ? A. It did not, and it did not say anything about staying 246 awiiy, and hence, I told them that there was no law to prevent their goina: there peaceably. Q. How came 3^011 to say anything about going to town, when the Governor's proclamation and Crosby's card don't say anything about it? A. Because I heard them suggest that they were going to town. Q. When did they say they were going? A. On the following da}^ Q Did they propose to go to town in a body? A. I do not know how they proposed to go; the}^ did not go in a body. Q. You said that none of the people went from there with arms ? A. I saw but one. Q. Who was he? A. A man by the name of Williams, and he came as far as ray house; I called him and asked: "Where are j'ou goin^: ?" he said, "to town;" says I, "What are you going to do with your gun?'' he said, "I'll take it along;" I said, "you had bettor not." Q. How came you to advise him to leave his gun at home, 3-0U knowing nothing of the trouble? A. Because — Q. Have you been in the habit of advising the people there whether to go armed or not? A. I advised them to obey the law. Q. How came 3^ou to advise them then on this particular day ? A. Because there were different ones who spoke of danger. Q. What sort of danger did they speak of? A. There was one man there, who lives on the Brabston place, who said that he wanted to know what was the matter; he saitur- bances; they drew up the resolutions strong, and had tliem published; two' members of this committee went in town to have then, published; the next day, one came out, about two o'clock, at the store; he had a Henry rifle in his hand at the time, and he said to me, " I tell you, we issued five hundred copies of these resolutions, to day, and if there is any distur- bance now, you are the first man we will go for." Q. That was one of the committee? A. That was one of the committee on those resolutions; then, the next da}', J told all those colored people, "you stay at home, and if you have any cotton to hoe, hoe it;" and about the time when the election went on, I heard that Mr. Cobb came over there; and the same day the resolutions were passed, they were cutting a road through the cane, for Mr. Cobb; the colored people came up to me, and wanted to know what was the matter; that is just exactly the affairs as tliey stood; and that was the time when they came back, and when the election of Vicksburg was over; then I called the meeting at Mount Albon, and invited all my poll ical opponents to be present, because I was going to make a speech myself, and I had some- thing to tell them; 1 don't know what impression they have formed of my speech; that cavalry told me that it was incen- diary ; 1 thought it was the truth, and everyone that was there knows that I advised peace for everybody. By Mr. Allen: Q. What is the proportion of white people and colored peo- ple in your neighborhood ? A. Well, now, we have a precinct right there ; we poll from two hundred to two hundred and fifty votes, and about thirty ot them whites; I suppose, when they all come out, there are about forty or forty -five white voters. 252 Q. And when they all come out, how man}'' colored voters are there ? A. There may be two hundred and seventj'-five colored voters. WASHINGTON CHAVIS, Being duly sworn, says: [Examination in chief.] By the Chairman: Q State what you know about the insurrection in Warren county, on the 7th of December, 1874. A. I don't know very much about it; I saw none of the difficulty; I saw armed men on that day; I was in town Mon- day morning. Q. Were they white or colored men you saw with arms ? A. Both kind; I was in Vicksburg Monday morning my- self, on the 7th of December; I went out to see mj^ son on business ; I saw a great many men armed on that day; some of the country people that didn't know me, searched me, and they told me that the best thing I could do wa§ to go home. Q. Who said that ? A. Some of these countr}^ people. Q. Were they white or colored ? A. White people; Mr. Hogan's company and Reed's com- pany; I know prett}^ nearly all |the men in both companies; I then got on a horse and went home; I met some of the colored people coming in, seventy or eighty, or may be a hundred; I turned them back, and they went home. Q. Which road did you go out on from Vicksburg ? A. Up the valley, on the Yazoo Valley road, up the Missis- sippi, and up the Yazoo, right in the bottom all the way. Q. You know nothing about the troubles in Vicksburg, then, on that day ? A. No, sin By Mr. Gill: . Q. What conversation occurred between you and Hogan in reference to the troubles ? A. That was on Wednesday after that; I was down at Mr. Hogan's house, where both of these companies were; they rode around there from Tuesday, when they came out there to bury Olive Brown, Mr. Snyder's son in-law; and the difficulty, you heard of there, was all that he told me about; he told me about the circumstances that happened there at Snyder's; you know they had a collision there between the colored and the whites. Q. State what that conversation was between you and Hogan. . A. I was along there, and I know the very difference [dis- tance] from the house to the place where Mr. Fosset'a 253 horse was crippled, where they had the collision; his horse broke his thigh, and was right on the ground wliere he fell; I suppose it was about two hundred and fifty or three hundred yards from the house to where the road turn.i ; we were talking about Vaughn being killed; he lived right on the place witli Mr. Hogan, where Mr. Hogau lives, about a quarter or a half a mile from my house, and we have both been living there for the last four j^ears; I asked Mr. Hogan how that diffi- culty happened; he said it was accidentally' done; he said he saw the negroes at the turn of the road, over there about old Green's house — an old fellow named Green — and lie told the boys of his company not to pursue them; but his brothers, and Mr. Fosset, and Vauglin, and Charley Hamilton, got on their horses and galloped up that way, and charged on the negroes; and when the}^ got there Mr. Hogan said he heard the tiring; he told me that he could not tell who fired fii'St, but there was firing between them; Vaughn was seriously wounded, and Fosset's horse was shot, and some of the mules of the negroes were shot; the white men ran one way, and the colored people the other, and the colored people never got back ; that was about two hundred anU fifty or three hundred j'ards from Snyder's house, where the corpse was; I suppose they had just started out of the house with the corpse; this is just what Mr. Hogan told me when I was down at his house. By Mr. Caldwell: Q. You stated that j^ou saw a good many men of both colors with guns; did you see any colored men in town with guns ? A. No; not in town; I saw on that day both kinds, colored and white, with arms, but I saw no armed colored men in town. The Committee adjourned, subject to the call of the chair man. ELEVENTH DAY. Jackson, Miss., January 14, 1875. The Committee met at the call of the chairman; a quorum being present. A. G. PACKER, Being dulV' sworn, sa3''s: [Examination in chief. \ By Mr. Sullivan: Q, Did you go to Vicksburg by order of the Governor, sometime in December last ? la— IS 254 A. Yes; on the 5th of December, 1874. Q. S:ate your motive and reasons forgoing there ? A. I was sent there by the Governor, with instructions to exajninc and report the situation there, and if necessary, to call out the militia to reinstate Crosby as Sheriff. Q. What was the condition of affairs in Vicksburg when you got there? A. When I arrived, I found that Crosby was there in the ciU', but he did not have possession of the office; I went and consulted with Judge Brown and Judge Hill; they advised against calling .out the militia; and in consultation with Crosl)y, on Sunday, he said that he could give a new bond; that seemed to be an arrival of a solution of the difficulties there; I was interviewed by several members of the White League, and that seemed to be their only objection, on account of Crosby's bond being insufficient as Tax Collector; Sunday evening, just after sunset, word was brought to me b^' Col. Paxton and Harper Hunt, that Crosby had sent his card out through the country- in ever}^ direction, telling men to come to the city on Monda^^; I did pot see Crosb}' till after seven o'clock; I met him at Judge Hill's; Col. Paxton, Mr. Pittman and Harper Hunt made the same statement there, that Paxton and Hunt had made to me on the street that evening; they charged Crosby with summoning the men, but they did rot ask him to give any answer or to commit himself; I asked Crosby' why he did this, and told him that it must be stopped, *■ and if he would get the men, I would try to get the horses, so as to have men go into the country and stop the colored men from coming in: we then left Judge Hill's, and I carried Crosby in a hack down to the colored church, and left him there, and went to two livery stables to see whether I could get horses; I found that I could not get any; I then asked the hack driver, if there was any other place to get horses; he said, "No;" I then went back to the church, and met five colored men that Crosby had selected, and 1 told them to go out in the country and pick up horses and mules or anything to ride, and to go and stop these men from coming in; then, on Monday, just after I hid had my breakfast, the alarm was sounded, and the whole city was out in arms; the fight commenced about half- past eight o'clock, out on Grove street. Q. Did you see an3^thing of the fight? A. I saw it from the top of the Court-house; I saw the fir- ing; I liad a field glass; Richardson had it. Q. Was it a powerful one ? A. Not very; I could make out very distinctly objects two mili'S off; I have seen better ones. Q. What was your reason for asking Crosby to send out men in the country to prevent the entrance of those men Crosby had called upon as a posse? Was it l)ecause you thought his action was illegal, or was it because you thought that it would cause bloodshed ? i 255 A. Because I thought it would cause bloodshed and a riot; Col. Paxton and Harper Hunt so informed rae. Q. Who informed 3^ou that they were summoned to come in? A. I was informed by Col. Paxton and Harper Hunt that they were comino" in; they met me just after sunset; it was too dark to read the letter that Col. Paxton had, and whirh he pu"'ed out to read; I told him that it was too dark for me to read, and he then told me that there were seventeen men riding all over the count}', summoning the men for CrosV»y. Q. Were any threats made to you while you were in Vicks- burg ? A. None in m}'- presence. Q. Was any violent language used against you ? A. Not to me; I understood through other parties that they had made threats against me and Lee, and also against Judge Hill and Judge Brown. By Mr. Allen: Q. When aid you go to Vicksbnrg? A. On Saturday, the 5th of December. Q. What time did you leave Jackson ? A. At 7 o'clock, on the morning train. Q. By whose order did you go ? A. Bv order of Gov. Ames. Q. W^hat instructions did you have from the Governor ? A. To look over the situation there, and, if necessary, to call out the militia to reinstate Crosby in his office, or to re- gain possession of his office. Q. Is there any organized militia in the State? A. There is no militia in the State now; there are some old organizations, but they are not in the militia now. Q. If there was no militia, how did 3'ou expect to call out the militia ? A. At that time I was in the militia. Q But there was no militia to call out ? A. There were some old origan izations. Q. How did the Governor expect you to call out the militia when you sa}^ there was no militia? A. I could have organized the militia in the field; during the Austin affair I was going up there to organize the militia. Q. Wbat were 3'ou to call out the militia for in Vicksburg ? A. To put Crosby in possession of his ofllce. Q. That was 3'our instruction from the Governor ? A. Yes. Q. Had Crosby tendered his resignation at that time? A. Yes, he had ; let us see ? I believe it was on the 2d of December he tendered it. Q. Was the Governor aware of that fact that Crosbj^ had tendered his resignation ? A. I suppose he was; Crosby was over here on the 3rd and 4th of December. 256 Q. He- had been over here between the time he tendered his resignation and the time you received your orders ? A. Yes. Q. And he had been in consultation with the Governor? A. Yes. Q. Were you present at that consultation between Crosby and the Governor ? A. I was not. Q. When the Governor gave yon his instructions, did he state to you what instructions he had given to Crosby, or if he had given any instructions to Crosby? A. He sent a dispatch to Crosb}^ through me, on Friday; I have a copy of the dispatch that was sent on Friday — or Satur- day. Q. Did the Governor state to you what instructions he had given to Crosby in that conversation lie and Crosby had here in Jackson, on the 3(] or 4th of December? A. No, sir, Q. You got to Vicksburg about what time ? A. About ten o'clock, on the 5th of December. Q. Were you then pretty generally on the streets during the balance of that day? A. Yes; I went directly from the depot to Judge Hill, then to Judge Brown, and then I came down town, on Washington street; I talked with several parties on that street, and tlien I went back up town again, and came down about four or half- past four o'clock. Q. You said that 3'Ou had a conversation with some of the tax- payers, and that their only objection to Crosby seemed to be the insufficiency of his bond? A. Yes, sir. Q. Did you hear anybody say on that daj^ that they wanted him removed because he was a colored man? A. That da}'? no, sir. Q. The only objection you heard then, was not against Crosby, but afiainst the insufficiency of his bond? A. That was all. Q. Did you see any armed bodies of men in Vicksburg on Satuiday, the 5th? A. No, sir. Q. Did the city seem to be quiet and peaceable? A. It seemed to be quiet on Saturday and Sunday. Q. You say that you instructed C-osby to send out parties to stop those colored men he had ordered to town? A. Yes; I gave him the Instructions myself. Q. For the reason that you thought it would create a riot if they were to come? A. Yes. Q. Would you think that the people of Vicksburg were en- gaged in acts of riot if they were to arm themselves to prevent a large body of armed men, who were incited by the proclama- 257 tion of Crosby, from coming into town; or, would 3^011 call people who collected under arms to prevent such a large body of armed men f'om coming in town, rioters — would you think the}^ were rioters? A. That is a question that I am not able to answer. Q. Which party would you believe to be the rioters, the ones marching into the the city, incited b}^ the proclamation issued by Crosby, or the people who armed themselves to prevent their entrance ? A. I should think that the people who put out the legally elected officials and held possession of the offices were the rioters. Q. Do you think that they ought to have surrendered the town to that body of men marching into it? A. Their being rioters, I don't know but what they ought to have surrendered the town. Q Did those people arm themselves in the city of Vicks- burg on that morning with a view to creating or getting up a riot, in your judgment? A. On Monday morning, no, sir; I don't think so. Q. In your judgment, did the people not arm themselves on Monday morning, the 7th of December, and collect together because they believed it vvas necessary for the defense of the city ? A. Yes; I believe they did. Q. Then, thati being true, do you believe those people were rioters on that day ? A. They had been rioters before. Q. But do you believe they were rioters on that day? A. I don't know that there had been any transition between those times. Q. Do you believe, on that day, under the circumstances you have stated, that those people were rioters? you said you believed that the}^ assembled under apprehension of an inva- sion of the cit}' by armed bodies of colored people; now, do you believe that those people of Vicksburg were rioters? A. I don't know whether they could be called rioters or not, under the circumstances. Q. What would you consider them to be — would you con- sider them rioters? A. I don't know as I would. Q. Now, what evidence have you that the people of Vicks- burg had been engaged in a riot on any previous occasion — do you know that they had been? A. From Crosby's statement of being ejected from office. Q. Then 3'i)ur judgment is based on Crosby's statement? A. Crosby's and other officers — Davenport's. Q. Did you ask any of the tax-pa\^ers about the circum- stances attending Crosby's resignation? A. N), sir; I don't know as I asked them that question; I don't recollect asking it. 258 Q. Then you never sought any information on that subject, except through Crosbj^ Davenport and other officials of the county V A. No; not on that particular question. Q. Then you ba^e your judgement as to that riot before the 7th of December on the report you received through Crush}-, Davenport, and who else? A. A member of the Board of Supervisors — Hunt, I think. Q. And they were all parties interested? A. No; Hunt was a member of the Board of Supervisors. Q. And Crosby was Sheriff? A. Yes. Q. And Davenport was Chancer}^ Clerk ? A. Yes. Q. And he had been requested to resign also? A. Well, I won't be certain of that; Crosby had been re- quested to resign; I don't know whether Davenport had or not. Q. Being there in Vicksburg, did you not meet other parties whose statements you would have accepted as readily as those of Crosby and Davenport? A. I don't know whether I would have given them any more credit. ' Q. Would you not have given their statements as much credit as those of Crosby and Davenport? A. Yes; there were some people there that I i?iight believe, Q. Is it not possible that tliere w^ere parties in Vicksburg that were not interested, and who could have given moie im- partial statements than Crosby and Davenport ? A. I did not me(t any of those parties. Q. You don't think that you met any parties who had as little interest as Crosby and Davenport in that matter; don't you think that they had more interest in it than the citizens generally ? A. Yes. Q Don't you think that there were plenty of people there not interested, who could have given more impartial statements than Crosby or Davenport? Has not a man's interest a ten- dency to bias his statements ? A. I think it has. Q. Yet your information seems to have been derived alone from these interested parties, wdien you had means of informa- tion that would have been more impartial ? A. It was either one side or the other. By Mr. Sullivan: Q. Did you not have convei'sations with others while in Vicksburg ? A. Not on that particular point; I don't know that I talked to anybody about Crosby's resignation. 259 By Mr. Allen: Q. You admit, then, that although you were on the streets of Vicksburg, and although you had been sent there to pre- serve the peace, and ascertain the true state of aftairs, that you never made any inquiry concerning Crosby's resignation, except what information you got through Crosby ? A. I took the circumstances attending his resignation from his own statement. Q. And that you regarded as true? A. Yes; I don't know that I had any talk with anj^bod}'- in Vicksbury about it. By Mr. Sullivan: Q. Did you not read the reports in the Vickshurger and the Herald of Crosby's resignation ? A. Yes. Q. Don't you regard the Vickshuryer and the Herald to have been the organs of the so-called taxpayers ? A. Yes. Q. So you had both sides of the question, Crosby's state- ment and the statements of the newspapers, that represented the tax- payers ? A. Yes. Q. And 3^ou saw dispatches in regard to it before j-ou went over to Vicksburg ? A. Yes. By Mr. Allen: Q. Then you correct your statement that your information was derived alone from Crosby and Davenport ? A. Yes; from them and the Vicksbuig papers. Q. Which ones of the Virksburg papers? A. The Vickshurger ?LX\d^ the Herald. Q. Did 3^ou not see an}^ other Vicksburg paper? A. No. Q. Did you not see the Times? A. No; not with that report in. Q. Or the Plain Dealer? A. No, sir. Q. Did you see anything in the Vickshurger or the Herald^ by which it appeared that they were authoiized to represent the tax-payers, and make a statement for them ? A. 1 saw an account in the Vickshurger. Q. Was it got up hy authority of the tax payers? A.. I forget how it was headed; it was signed by a good many of the tax payers. Q. WMiat was the contents of that report ? A. I don't know; it was a column and a half or two columns, a statement of their side of the question; I think I have a copy of that. Q. You can say what you learned from that report. 260 A. That was after it was all over, that that address was issued. Q. But we want to know what information you had through the newspapers, by authority of the Tax-Payers' Convention, in re<2:ard to the action of the tax-payers previous to Monday, the 7th of December ? A. I am trying to think of the article that I saw; I think it was in Thursday's or Friday's paper; it was before I went to Vicksbu rg; it was in Thursday's paper. Q. What did that article say ? A. That Crosby had been waited on by a committee of the Tax-Payers' Convention; that a mnjority and a minority report were made; I think they appointed a committee at that meet- ing to wait on Crosby and ask him to resign. Q. That was about the substance of the newspaper report ? A. Yes. Q. Did 3'oii see anything criminal or riotous in that? A. Well, there is a legal way to get an officer out;- they might request him to resign. Q. They had a right to do that ? A. I expect they had. Q. Then did 3'ou see anything in that that was riotous ? A. 1 don't know that they had a right to request him with double-barrel shot-guns. Q. Did they do that ? A, I understood so. Q. From whom did you understand that ? A. From Crosby. Q. You never sought an}' other information on that point? A. Ko. Q. l>>id the report you saw of the proceedings of the Tax- Payers' Convention, sa^- that they made that request with shot- guns? A. No. Q. I understood you to sa}^ they had been riotous ? A. They appointed a committee to wait on Crosb}^ to ask him to resign. Q. You have stated that there was nothing criminal in that; that they h^.d a right to do that; don't you think it was due to the people of Vicksburg, who represent the property, and in a large degree the intelligence of the county, to have invcbti- gated their side of the case as well as that of Crosby ? A. I didn't have much time for investigation over there; the fact was, that Crosby had been put out of his office illegally, and the question was, how to get him back. Q. How do vou know that he had been put out of his office illegally ? A. He had been threatened. Q. How did you get that fact ? A. I got that from him. \ 261 By Mr. Sullivan: Q Do you think it was Ici^al for one man, or a number of men, to go and demand the resignation of county officials, legally elected and in office ? A. No. By Mr. Allen: Q. Do you know that the people did that ? A. I know from Crosby that he resigned in that way. Q. What is the character of Davenport? A. I have not much acquaintance with him; I never met him to know him until 1873. Q. Did you not read the Vicksburg papers ? A. I see he has been indicted. Q. For what ? A. F jr issuing false and fraudulent warrants. Q. By whom was he indicted? A. By the Grand Jury. , Q. Do you know anything about the political complexion of that Grand Jury, whetiier it was Democratic or Republican ^ A. 1 do not know what it was. Q. Is it often the case that persons of good character are indicted for offenses of that kind by a good Grand Jury ^ A. I don't know that they are. Q. Still you know nothing of the character of Davenport from information ? . A. I have seen a statement in the Vicksburg papers against him. n 1 • 4- Q. Have vou never heard any statement from his own part> friends with reference to his conduct in office ? A. I have not. _ Q. You say that vou were in Vicksl)uro on Saturday, the Dtti of Decembei-^did Vou see Captain F. C. Hall there in \ icks- burg ? A. Yes. Q. Who is he ? A. A colored man in Vicksburg. Q. Do you know anything of his character ? A. I do not; I never saw liim before last Ju-ly. Q. Here is a disptch dated Jackson, December 4, 1874— that is the day you left: <' Jackson, Miss., Dec. 4th. *' Captain P. C. II all, care Sheriff: "Co-operate with your militia company with Sheriff Ciosby in bis etforls to regain possession of his oflice, and supi)res8 the riotous mob in Vicksburg. " By order of the Governor. "(Signed) A. G. Packer, ^ ''Adjutant General. 262 Did 3'on write that dispatch ? A. 1 did not. Q. D^d you sign your name to that dispatch? A. Yes. Q. Who wrote it ? A. The Governor. Q. What time in the morning ? A. Twelve or one o''ch)ck. Q. How could 3'ou sign that dispatch at twelve or one o'clock in Jackson, when you had left for Vicksburg in the morning ? A. I had not left then; I left on Saturday; this dispatch was written on Friday. Q. Did you know of such a militia officer as Captain P. C. Hall? A, No; hut he had been on the roll of the militia before. Q. Was he in the militia at that time? A. Under the law, I don't think he was. Q. But vou so recognized him on that occasion ? A. I had orders to send that dispatch, and I could have mus- tered his compan}' in, and, if necessary, reappointed him. Q. Suppose he had acted upon your dispatch on Friday, the 4th, you were not in Vicksburg then to organize and mus- ter in his company ? A. No ; I was not there. Q. How then do 3'ou presume that he could have exercised authority, not being in the militia? A. I (lid not expect him to get that dispatch until that night; he could not have done anythino- tliat nioht. Q. Wh> should he not have icccivcd it before night? A. I sent the dispatch about two o'clock; I did not know whether he was in the city or not, at that time. Q. Did you think he was out of the cit}? A. I did not know where he was. Q. I would like to know the reason wh}' you did not expect him to get that dispatch before night? A. Because I sent it to the care 01 the Sheriff, so that he coul'"' state it to Hall. Q. If Hall had received that dispatch prompt!}', and had acted u[)on it, he would have acted without authority, then ? * A. No; he would have taken that dispatch as an appointment, and have acted upon it. Q Do you think that you have the right to make appoint- ments in that way? A. I can make appointments, by order of the Governor, any way; I can organize the militia in the field. Q. Do you think that this dispatch would have constituted him a legal military officer ? A. Yes, sir; I think it would. Q. Upon what information do you state in this dispatch: *' Regain possession of his office, and suppress the riotous mob 263 in Vicksbiirg;" what information did you have that there was any riotous mob in Vicksburg? A. That was the mob that made Crosby resign. Q. You had no information that they had not dispersed? A. No. Q. Did yon think that they were then under aims and in possession of the Court-house and jail ? A. I don't know whether they had the jail or not; they had possession of the Court house. Q. Then here is another dispatch to Crosby: " Jackson, Miss., Dec. 4. " Sheriff Peter Crosby : "I have telegraphed Capt. P. C. Hall, by direction of the Govei-nor, to co-operate with you with his militia company, in your efforts to regain possession of your office, and to sup- press the mob. ''[Signed,! A. G. Packkr, *- '''Adjutant General. Did you write that dispatch? A. No. Q. Did you sign it? A. Yes. Q. What time in the day did you sign it? A. About twelve or one o\-lock. Q. Were you present when the Governor wrote it? A. I was not. Q. Y''ou sent both dispatches at the same time? A. I sent all three, one to Judge Brown, besides these two; I was out of the office till after twelve o'clock, with the Attor- ney General, and wli^n I returned to the otlice, the Governor handed me these dispatches, and asked me to sign the two, and to send the one signed by him, to Judge Brown. Q. Y"ou say tiiat you sent this dispatch to Hall, and that it could have 'been accepted by him as a militia appointment; would this dispatch have conferred the authority to organize a mililia comi)any ? A. Yes, sir: that was authority. ^ Q. You are assuming in that dispatch that he had a militia company? A. Well, he had an old one. Q. But you said that that was not a militia company under the law? A. He could have got his old com pan v together. Q. Of whom was Captain Hall's militia company composed? A. Of colored men. Q. Exclusively of colored men ? A. 1 suppose so. Q. Why should you have telegraphed to Capt. Hall, a col- ored man", and his company composed exclusively of colored 264 men, and not to Col. Beaird or Capt. French, who were also militia oflicers, as much so as Capt. Hall? A. Because, if called upon they would probably not have acted. Q. What authority have j'ou for thinking that ? A. From a circumstance that took place there last July, just before the election; they were ordered then to turn over their guns. Q. To whom? A. To me. Q. Was Capt. Hall ordered to turn over the guns of his com- pany? A. He was. Q. Did he do it? A. No; he con Id not. Q. Then he refused to do what they refused to do. A. He did not refuse until after they did. Q. But if that destroyed your confidence in them, wh}'- not in him ? A. The arms belonging to the white militia companies were used in tlie White Leao-ue in Vicksburtj. Q. How do 3'ou know they were? A. I have been so informed. Q. By wl)om? A. I don't know as I care about telling that ; that is private information. * Q. Have you been so informed by more than one party ? A. No, sir. Q. Was that party a Republican or a Democrat? A. A Republican. Q. Have 3'ou ever sought an}^ information other than that you have stated on that subject? A No; not since that. Q. Y(^u took it for granted from a mere ex-jyarte statement of a single Republican witness? A. They liad that organization in the citv in July, and at that time when tiie colored man was killed — ^just betore or just after the election — those white militia companies were guard- ing the city with State arms. Q. Do you think that Capt. Hall would have been a more efReient commander of troops than Col. Beaird or Col. French, or his a more eflicient company than theirs ? A. I know nothing about the military efficiency of eitlier of them. Q. You jnst merely elected to have Hall co operate with Crosby, because you thought he was more liable to do it? A. Yes. Q. Is it not true that the very fact that this contest seemed to be a sort of a color contest, was your reason for giving your order to Hall ? Did not that have some influence on your action ? 265 A. No; not specially. Q. And not generally ? A. No. ' . ^ . . Q. Then it did not in any manner have any influence with you ? . 1 . X. T A. No; I saw Hall after the election, and he said, if I wanted those guns, he would try to gather them up; he was the only one that made that offer. Q. You had ordered them to be turned over to you ? A. Yes. Q . Why was it that you did not receive them when he offered to turn them over? A. I was going over there to get them. Q. When ? A. Last September, Q. Why did you not go ? A. I had other business that kept me here in Jackson. Q. You had no opportunity to go ? A. No. Q. You were there on Saturday > the 5th of December, did you try to get them then ? A. 1 did not. Q. Is it true that you wanted him ,to turn over those guns ? A. I had issued orders for them to be turned over. Q. But did you want him to turn over those guns? A. Yes. Q. Then, when he proposed to do it, why did you not have them turned over? A. I was going over after them. Q. Where were you when he made the proposition to turn fehein over to you? A. I met him m Vicksburg, in August. Q. Why did he not turn them over to you then? A. He could not get them then; they were scattered among the men he had in his compan3^ Q. Did you talk to Col. Beaii-d about the guns of his corn- pan}^ ? A. He was not responsible for any. Q. Did you talk to French ? A. Yes; I had a talk with Col. French; the last time 1 saw him on the subject was on the first day of the registration of the Third ward. Q. What did he say ? A. He said that his guns were all out through the city. Q. Did he say that he would try to get them ? A. He said he would not get them. Q. Did he say he would not turn them over to you 7 A. He said he could not. Q. Capt. Hall seemed to be in the same position ? A. Yes. Q. Capt. French commanded a white company 7 A. Yes. 266 Q. Capt. French and Capt. Hall enjoj'ed the same military rank ? A. Yes. Q The}' were both appointed officers of militia, but their names have not been sent to the Senate for confirmation, and their appointment was void? A. Yes. Q. They were both in the same attitude ? A. Yes. Q. Capt. French is a white man, and commanded a company of white men ? A. Yes. Q. And Hall is a colored man, and commanded a company of coloi-ed men ? A. Yes. Q. You demanded the guns of both companies? A. Yes. Q. And both French and Hall said they could not get the guns ? A. Yes. Q. What is it that has destroyed your confidence in Capt. French, when you have retained your confidence in Hall V A. I understood the guns were used last summer in the White League. Q. From whom did you obtain that information ? A. I decline to ans ver that; there were a hundred guns more that Mr. Fui'long is responsible for. Q. Furlong is a Brigadier General ? A. He was. Q. He lives in Vicksburg ? A. Yes. Q He occupied the same attitude, as far as his commission was concerned, as Hall and French ? A. Yes. Q. If Cnpt. Hall was a legal officer on that day, was not Furlong a legal officer also ? A. If one was, the other w^as. Q. If the Governor, through his Adjutant General, had the right to order or request Hall to aid the Shei'iff to suppress a mob, did he not have the same right to command or request Fur Ion <2^ ? A. Yes. Q. Why was it that Furlong did not get any order from the Governor ? A. He wns not a legal peace officer. Q. VVas Capt. Hall a peace officer ? A. No. Q. Why should the Governor have ignored Furlong, and re- stored the rank of Captain to Hall ? A. That is something which the Governor is responsible for. I 267 Q. Has the Governor given you any reason for his action in this respect ? A. No. Q. DiJ he not recognize Furlong as a militia officer ? A. lie did not recognize any of those militia officers, be- cause they were not confirmed by tlie Senate. Q. But* he did recognize Hall in this order; he gave you no reason for issuing that order to Hall, specially ? A. No. Q. You were not threaiened by any one while you were over there in Vicksburg? A. No; not personally. Q. Were you threatened otherwise ? A. I was "informed by thiee or four friends, that things were getting rather hot. Q. That threats had been made against you ? A. Yes. Q. By whom were you so informed? A. Different parties. Q. By whom were the threats made? A. T'iiey did not state any names. Q. You' were about generally on the streets there? A. Yes. Q. Did you feel intimidated by anything you saw, or any- thing that was said to you? A. No, sir. Q. Do you think that it would have been safe for Governor Ames to "have gone there to Vicksburg with you? A. I don't know as it would. Q. Wiiat reason have you for believing that it would not? A. He might have bee'^ti safe personally, but he might have been insulted on the street. Q. I asked you whether it would have been safe for him to have gone there? A. I don't know that it would. Q. You think he would have received bodily harm? A. He would have been apt to. Q. Don't you think that the high position of the Governor, and the respect ot the peoi.k for his office, would have pre- served him harmless in Vicksburg? A. I don't think that that would have had any effect. Q. You think that Ihe Governor is in woise repute in Vicks- burg then, than his Adjutant General ? A. I don't know how the Adjutant General stands there; I think they had a little more spite against him than against me. Q. Did" you see Mr. Sullivan there, of the House ? A. Yes; I brought him out on a special train. Q. Do you think that the people ot Vicksburg have more respect for his political sentiments than for those of Governor Ames ? A. I don't know that they have. 268 Q. He was there, and came out harmless? A. Yes. Q. Do 3'ou not believe, that if Governor Ames had gone to Vicksburg in his official capacity — instead of sending his Adjutant General — and if he had called a meeting of citi- zens of all parties, the parties complaining, and the party of tlie officers, and had said to the citizens: "Gentlemen, yoii complain of the insufficiency ot this bond; 3'OU are tax-payers; and as you say that you don't want to pay 3^our money into irresponsible hands, I have come here' as Governor, sworn to see that the law is faithfully administered and executed ; if 3'our variances are just, I will see that they are righted ;" don't you think that that would have stopped the whole thing? A. That is according to how the meeting was put up. Q. Suppose the Governor had called the meeting, and had got up and made a little talk to them, and said: "Gentlemen, appoint your committee, and I will confer with them at my hotel ;" and suppose he had made these statements to the committee, don't you think that that would have stopped the whole thing? A. I think likely it might. By Mr. Sullivan: Q. Do you think it would have been proper for the Gover- nor to have pursued such a course, taking ever3^thing into con- sideration, and considering the attitude of the people ? A. I do not. By l\[r. Allen: Q. What do 3'ou think the duties of the Governor are ? A. To execute the laws. Q. Don't 3^ou think, when there is about to be a riot and bloodshed, only forty miles from the capital, with a railroad connection, that it would be the duty of a Governor, with a proper regard for the citizens whom he governs, to go there himself ? A. Under the circumstances that brought about the con- dition of affairs, I think he had better kept out. Q. Why so ? A. Because he might have got in trouble himself; there was no knowing. Q. Is it not the dut3' of a Governor, or an3^ other officer, to even take some chances in order to preserve order and law in his realm? Do 3^ou think that the mere fact that he might receive personal insult, justifies him in remaining awa3' ? A. No; I do not. Q. You have said that 3^ou did not think an3^ personal harm would come to him ; that he might have been insulted; but that if he had gone there and called a meeting, he might have stopped the whole thing ? 269 A. I don't know that it is the duty of the Governor to travel around the State every time there is a riot kicked up. Q. How long have you been Adjutant General ? A. Since the luth ot April, 1874. Q. Were you the Governor's Adjutant General when the riot occurred at Austin ? A. Yes. Q. Were you sent there to Austin? A. I started to go, but I got a dispatch stopping me. Q. What were your orders then ? A. To go there and stop the riot, organize the militia if necessar}^, and preserve the peace there. Q. How far did you get before you were stopped ? A. I just got ready to go to the depot, and got the dispatch before going there; I did not leave this city then. By Mr. Sullivan: Q. Do you think it would have been safe for you to have attempted to organize a militia company in Vicksburg on the 5th of December, 1874? A. No; I was advised against it bj' friends, and after look- ing over the situation, I thought it was not advisable to call out the militia. By Mr. Champlyi : Q. You sa^^ you were Adjutant General of the State ? A. I was then; I am not now; I was at the time of the Vicksburg affair. Q, You said you went there by order of the Governor; were his orders to j^ou in writing or verbal? A. Verbal. Q. Is that the wa}^ in which commanders-in-chief give orders — verball}' ? A. They generally give them to their staff in that waj'. Q. When they send them off to a different place, do they give their orders verbally ? A. Yes; it is customary. Q. Are 3'ou of the opinion that if an officer has been dis- possessed of his office unjustlj^, that the proper remedy is to call out the militia to restore him to office '? A. After all legal remedies have failed — yes, Q. Had any legal remedies been resorted to at Vicksburg '' A. There had been illegal remedies resorted to. Q. Had Crosbj^ resorted to any legal remedies to restore him fco office ? A. He had been over there on Friday, to take possession of his office. Q. If a Constable was dispossessed of his office, would not the Governor have just as much right to call out the militia to restore him to office, as he would have in the case of a Sheriff? A. Yes. In— 19 270 Q. Is not the civil law of the State strong enough to afford a re 111 ed 3" ? A. Tlie civil law did not seem to be strong enough in War- ren county ? Q. Wh}' was it not strong enough ? A. I don't know. Q. Was it because Judge Brown would not hold Court ? A. Yes; he could not hold Court. Q. What was to hinder him ? A. The mob there had prevented him. Q. Did anybody try to prevent his holding Court on that Monday ? A. Not that I am aware of. Q. Could not Judge Brown, under our law, have gone on and appointed a Sheriff /^ro tem.f A. Yes. Q. Would not that have been the most proper mode for him to have adopted ? A. Yes; that would have been the proper way, if he "ould have held Court. Q. He could have held it, unless he was threatened? A. I don't know that he could on that day. Q. He could if he was not scared, and he says he was not scared; you said that the Governor ought not to have gone to Vicksluirg; was he not commander in-chief of the State? A. Yes. Q. When he calls out the militia, has he not the right, and is it not his duty to go and take command ? A. Yes. Q. Why did he not go there to Vicksburg and take com- mand ? A. He might turn over the command to me. Q. Does an Adujtant General take command of an army in the field ? A. No; not in the field. Q. You went to Vicksburg, then, to serve as Adjutant Gen- eral to Hall, who was commander-in-chief ? A. No, sir. Q. He was the only man that had command there of the militia ? A. I was there to represent the Governor. Q. You were not Adjutant General for Hall ? A. No, sir; I was not. By Mr. Gill: Q. Do you consider that there was any civil law in Vicks- burg at the time you went there ? A. No, sir. Q. Could Judge Brown have appointed a Sheriff of his Court, there being alread}' a legal Sheriff, he recognizing Crosby as Sheriff? "% 271 A. The Sheriff was laboring under disabilities. Q. What were those disabilities ? A. He had been removed by a mob; I don't know whether the Judge couKi have appointed a Sheriff while Crosl>y was there; there could not be two Sheriffs; I don't think it would have have been lawful to have two Sheriffs. By Mr. Allen: Q. I would like to inquire whether you are a lawyer ? A. No; I am not. By Mr. Gill: Q. From the newspapers and all the information in your pos- session, did you not know that Beaird, French and Furlong were in sympath3' with the mob ? A. I so understood; that they were in the Tax Payers* Lea<>:ue. Q. Do you think that any set of men who had allowed their passions to get as high as the white people in Vicksburg had, could be relied upon for anything? A. No, sir; there was part of the mob that was hard to get along with; the leaders — some of them — were men of temper- ate views. Q. Did it not require the best efforts of the best citizens there to prevent the mob from hanging Crosby and other parties ? A. Yes. Q. You sta.ted that the Tax Payers' Convention appointed a committee to request the Sheriff to resign? • A. I saw that in the Flerald, one of the papers published in Vicksburg. Q. Did not the spme paper also say that the meeting went in a body — some six hundred strong— to the Court-house, to demand the resignation of Crosby ? A. Yes. Q. Do you think that the white men of Vicksburg were under arms to defend their city, so much as to keep the legal Sheriff from getting possession of liis office? A. Thev were organized, and in arms, to keep Crosby out of the Sheriff's office. Q. Was not that their object more than to defend the city? A. They were in arms before they had an}' idea of any in- vasion, I think. Q. Do 3'()u know whether P. C. Hall was a peace officer or not, civilly ? A. I do not. By the Chairman : Q. From vour information, do you think that Gov. Ames was justified in the statements made in his proclamation of the 5th of December, 1874? 272 A. I think that was issued on the 4th — it is dated the 5th — but I thiiik it was issued the day before I went to Vicksburg; I was not present when the committee waited on the Governor, but from what I learned, I think he was justified in his state- ment. Q. Do you think it was his duty to have issued that procla- mation as Governor of the State? A. Yes. The Committee hcFC adjourned, subject to the call of the chairman. B O IsT 3D OF PETER CROSBY AS TAX-COLLECTOR. State of Mississippi, Warren County. Know all men hy these presents : That we, Peter Crosby, as principal, and P. B. Barrow, Edward Jones, Geo. A. Stephens, Richard Walker, Edmond Resle^^, Abraham Lathan, Henry Whiting, Alexander Stackhouse, Morgan Wilson, George W. Bovd, John Lewis, Stephen Johnson, Martin Keary, Claib. Green, Virginia Williams, Richard Dohler, George R. Farmer, Lewis Kent, Thomas Jackson, S. Williams, P. S. Bolls, B. B. Lewis, Smith Dickson, Alex. Hartshorn, Joseph Sanders, Jno. Sanders, Alfred Allen, Nimrod Gaunt, Jacob Hartshorn, Sea- born King, George S. Yerger, W. H. Taylor, Charles Caldwell, Georo-e W. Shepherd, W. H. Harney, George M. Buchanan, John°A. Mahon, B. K. Bruce, James Hill, William Price, Finis H. Little, Bayor Palmer, S. J. Ireland, John Brown, G. C. Smith, G. H. Holland and E. Williams, as sureties, are held and firmly bound unto the State of Mississippi in the penal sum of eighty thousand one hundred and sixty-five dollars and thirty-nine cents, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and adminis- trators, jointly and severally, firmly by these presents, signed with our hands, and sealed with our seals, this thirty-first day of , A. D. 187-. The condition of the above obligation is such that, whereas, the above bounden Peter Crosby was duly elected to the office of Sheriff of Warren county, on the fourth day of November, 1873, for the term of two years, from the first Monday in Jan- uary', 1874; and whereas, the law provides that the Sheritf of each county shall be Tax Collector therein ; now, therefore, if 274 the said Sheriff and Tax Collector shall, well and triil}-, and truthfully, collect all the taxes assessed, and promptlj^ pay into the State and County Treasuries, all the mone}' collected by him, and to which said Treasuries shall be respectively entitled, and shall, in all things, truly and faithfully, execute and per- form all the duties of Tax Collector of said count}^ to the best of his skill and ability, so long as he shall continue in office, then this obligation to be void and of no effect, .otherwise of full force and virtue. PETER CROSBY, [Seal.] [.$1000] B. B. Barrow, [Seal.] [$1000] Edward Jones, [Seal.] Witness: R. J. Temple. His [$4000] Geo. A. X Stephens, [Seal.] mark. Witness: R. J. Temple. His [$1000] Richard X Walker, [Seal.] mark. Witness: R. J. Temple. His [$1000] Edmond X Reslet, [Seal.] mark. Witness : R. J. Temple. His [$4000] Abraham X Lathan [Seal.] mark. Witness: R. J. Temple. [$250J Henry Whiting, [Seal.] Witness : R. J. Temple. His [S2000] Alex. X Stackhouse, [Seal.] mark. Witness: R. J. Temple. [S250] Morgan Nelson, [Seal.] Witness: R. J. Temple. [$2000] Geo. W. Boyd, [Seal.] Witness: R. J. Temple. His [$2000] John X Lewis, [Seal] mark. [$2000] Stephen Johnson, [Seal.] His [$2000] Smith X Dickson, [Seal] mark. [$5000] Martin Keary, [Seal.] His [$5000] Alex. X Hartshorn, [Seal.] mark. [$2500] Claiborne Green, [Seal.] 275 [$2000] Virginia Williams, [Seal.] His [$2000] Joseph X Sanders, [Seal] mark. [$1500] Richard Dohler, [Seal.] [$5000] Geo. R. Farmer, [Seal] His [$5000] John X Sanders, [Seal.] mark. His [$1200] Alfred X Allen, [Seal.] mark. His [$1200] Seaborn X King, [Seal.] mark. [$5000] Lewis Kent, [Seal.] His [$500] Thomas X Jackson, [Seal.] mark. [$500] S. Williams, [Seal.] [$250 1 Jacob Hartshorn, [Seal.] [$600 J P. S. Bolls, [Seal] His [$3000] Barney B. X Lewis, [Seal.] mark. His [$3000] N-. X Gaunt, [Seal.] mark . State of Mississippi, Warren County, ss. On this, the twenty-eighth day of September, 18^^;,^^- sonally appeared before me, the undersigned, Chancery Oleik, in and for said county and Slate, P. B. Barrow, surety on the above bond, who being by me duly sworn, deposes that he is worth over the sum of one thousand dollars over and above his just debts and legal liabilities and exemptions, in tree-hold ^^^^^^' P. B. Barrow. Subscribed and sworn to before me, this 28th day of Sep- tember, A. D. 1874. ,^ -r^ rcpj-j Geo. W. Davenport, L -• Clerk Waneu County. State of Mississippi, Warren County, ss. Personally ai)peared before me, the undersigned. Clerk of the Chancery Court, in and for said county and State, Ed Nvard Jones, one of the sureties on the above bond, who, being clui> sworn, says that he is worth the sum of one thousand dollars over and above all his just debts and legal liabilities and exemptions, in free-hold estate. Edward Jones. 276 Subscribed and sworn to before me, this 30th day of Sep- tember, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Chancer}' Court, in and for said county and State, George A. Stephens, one of the sureties on the above bond, who, being dul}^ sworn, says that he is worth the sum of four thousand dollars, over and above all his just debts and legal liabilities and exemptions, in free-hold estate. His Geo. a. X Stephens. mark. Witness: R. J. Temple. Sworn and subscribed to before me, this 30th- day of Sep- tember, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Chancery Court, in and for said county and State, Richard Walker, one of the sureties, on the above bond, who, being duly sworn, says that he is worth the sum of one thousand dollars, over and above all hi^ just debts and legal liabilities and exemptions, in free-hold estate. His Richard X Walker. mark. Witness: R. J. Temple. Subscribed and sworn to before me, this 30th day of Sep- tember, A. D. 1874. Geo. W. Davenport, [Seal.] Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned. Clerk of the Chancery Court, in and for said county and State, Edmond Resley, one of the sureties on the above bond, who, being duly 6Worn, says that he is worth the sum of one thousand dollars over and above all his just debts and legal liabilities and ex- emptions, in free-hold estate. His Edmond X Resley. mark. Witness: R. J. Temple. 277 Subscribed anrl sworn to before me, this 30th da}' of Sep- tember, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State op Mississippi, Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Chancery Court, in and for said county and State, Abraham Lathan, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of four thousand dollars, over and above all his just debts and legal liabilities and ex- emptions, in free-hold estate. His. Abraham X Lathan. mark. Witness: R. J. Temple. Subscribed and sworn to before me, this 30th day of Sep- tember, A. D. 1874, [Seal. J Geo. W, Davenport, Cleric . State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned. Clerk of the Chancery Court in and for said county and State, Henry Whit- ing, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sura of two hundred and fifty dollars, over and above all his just debts and legal liabilities and exemptions, in free-hold estate. His Henry X Whiting. mark. Witness: R. J. Temple. Subscribed and sworn to before me, this 30th day of Sep- tember, A. D. 1874 Geo. W. Davenport, [Seal.j Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned. Clerk of the Chancery Court, in and for the said county and State, Alexan- der Stackhonse, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of two thou- sand dollars, over and above all his just debts and legal lia- bilities and exemptions, in free-hold estate. Geo. W. Boyd. Subscribed and sworn to before me, this 30th day of Sep tember, A. D. 1874. rSeal.l Geo. W. Davenport, *■ Clerk. 278 State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned. Clerk of the Chancery Court, in and for said county and State, John Lewis, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of two tliousand doUars, over and above all his just debts and legal liabilities and exemp- tions, in free-hold estate. His John X Lewis. mark. Witness: R. J. Temple. Subscribed and sworn to before me, this 1st day of October, A. D. 1874. Geo. W. Davenport, I Seal.] Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Circuit Court, in and for said county, Stephen Johnson, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of two thousand dollars, over and above all liis just debts and legal liabilities and exemptions, in free- hold estate. Stephen Johnson. Subscribed and sworn to before me, this 5th day of October, A. D. 1874. Jos. W. Short, [Seal.] Clerk. State of Mississippi, Warren County, ss. On this day appeared, personally, IMartin Keary, one of the sureties on the above bond, who doth depose that he is worth the sum of five thousand dollars, over and above his just debts and legal liabilities and exemptions, in free-hold estate. Martin Keary. Sworn to and subscribed before me, this 5th day of October, A. D. 1874. Geo. W. Davenport, [Seal.] Clerk. State of Mississippi, "Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Chancery Couit, in and for said county and State, Claiborne Green, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of twenty-five hundred dollars, over and above his just debts and legal liabilities and exemptions, in tree-hold estate. Claiborne Green. 279 Subscribed and sworn to before me, this 8tli day of October, ^' ' ' Geo. W. Davenport, ro 11 Clerk. [Seal.J State op Mississippi, Warren County, ss. Personally appeared before me, the undersigned, Clerk of the Chancery Court, in and for the said county and btate Virginia Williams, one of the sureties on the above bond, who, being duly sworn, says that she is worth the sum of two thousand dollars, over and above her just debts and legal liabilities and exemptions, in free -hold estate. . ^ Virginia Williams. Subscribed and sworn to before me, this 12fch day of Oct., A D 1 74 Vol^i -I Geo. W. Davenport, L^^^^-J Clerk. State op Mississippi, Warren County, ss. Pprsonallv appeared before me, the undersigned, Circuit Clerk, in and for said county, Richard Dohler, one ot the sure- ties on the above bond, who, being duly sworn, says that he is worth the sum of fifteen hundred dollars, over and above his just debts and legal liabilities and exemptions, in free-hoid ^^^^^^- Richard Dohler. Subscribed and sworn to before me, this 12th day of Oct., ^'r?l.n^*^" Jos. W. Short, L^^^^-J Clerk. State op Mississippi, Warren County, ss. Personally appeared before the undersigned. Clerk of the Chancery .Court, in and for said county and State, brco K. Farmer, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of five thousand dollars, over and above his just debts and legal liabilities and exemp- tions, in free-hold estate. ^^^ ^ ^^^^^^^ Subscribed and sworn to before me, this 12th day of Oct., A D 1874. r^pnl 1 Geo. W. Davenport, L^^^^'-l Clerk. State of Mississippi, Warren County, ss. Personallv appeared before me, the undersigned, Clerk of the Chancery Court, in and for said county and State, Seabo n Kino- one of the sureties on the above bond, who, being duly 280 sworn, sa3''3 he is worth the sum of one thousand dollars, over and above his just debts and legal liabilities and exemptions, in free-hold estate. His Seaborn X King. mark Witness: Peter Crosby. Subscribed and sworn to before me, this 26th day of Oct., A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, County of ss . Personally appeai*ed before me, the undersigned, Clerk of the Circuit Court, in and for said count}^ Lewis Kent, one of the sureties on the above bond, who, being duly sworn, says he is worth the sum of five thousand dollars, o\er and above his just debts and legal liabilities and exemptions, in free hold estate. Lewis Kent. Subscribed and sworn to before me, this 17th day of Oct., A. D. 1874. [Seal.] Jos. W. Short, Clerk. State op Mississippi, Warren County, ss. Personally appeared before me, Geo. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Preston S. Bolls, one of the sureties on the above bond, who, being duly sworn, says he is worth the sura of six hundred dollars, over and above his just debts and legal liabilities and exemp- tions, in free-hold estate. P. S. Bolls. Subscribed and sworn to before me, this 22d day of Oct., A. D., 1874. I Seal] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, G. W. Davenport, Clerk of the Chancer}^ Conrt, in and for said county and State, Thomas Jackson, one of the sureties on the above bond, who, being duly sworn, sa3'S that he is worth the sum of five hundred dollars, over and above his just debts and legal liabilities and exemptions, in free-hold estate. His Thomas X Jackson. mark Witness: Peter Crosby. 281 Subscribed and sworn to before me, this 23d day of Oct., A. D 1874. [Seal.] Geo. W. Davenport, Clerk, State of Mississippi, Warren County, ss. Personall}^ appeared before me, G. W. Davenport, Clerk of the Chancery Court, in and for said county and State, S. Wil- liams, one of the sureties on the above bond, who, being duly .sworn, sa3's that he is worth the sum of two hundred and fifty dollars, over and above his just debts and legal liabilities and exemptions, in free-hold estate. S. Williams. Sworn and subscribed to before me, this 23d da};' of Oct., A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, G. W. Davenport, Clerk of the Chancery Court, in and for said county and State, B. B, Lewis, one of the sureties on the above bond, who, being duly sworn, says that he is worth the sum of three thousand dol- lars, over and above his just debts, legal liabilities and exemp- tions, in free-hold estate. His Barney B. X Lewis, mark Witness: Peter Crosby. Sworn and subscribed to before me, this 23d day of Oct., A. D. 1874. [Seal.] Geo. W. Davenport, Clerk, State of Mississippi, Warren County, ss. Personally appeared before me,G. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Jacob Harts- horn, one of the sureties on the above bond, who, being duly sworn says that he is worth the sum of four hundred dollars, over and above his just debts, legal liabilities and ex- emptions, in free-hold estate. His Jacob X Hartshorn, mark Witness : Peter Crosby. Subscribed and sworn to before me, this 23d day of Oct., A. D. 1874. [Seal.] Geo. W. Davenport, Clerk, 282 State of Mississippi, County of Warren, ss. Peisonnlly appeared before me, G. W. Davenport, Clerk of the Chancery Court, in and for said county and State, N. Gaunt, "who, being duly sworn, says that he is worth the sum of one thousand dollars, over and above his just debts and legal lia- bilities and exemptions. His N. X Gaunt. mark. Witness: Peter Crosby. Sworn and subscribed to before me, this 23d day of October, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Person all}' appeared before me, Geo. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Smith Dickson, one of the sureties on the foregoing bond, and made oath that he is worth the sum of four thousand dollars, over and above his just debts, legal liabilities and property exempt from execution at law. His Smith X Dickson. mark. Witness: Peter Crosby. Sworn to and subscribed before me, this 23d da}- of October, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, Geo. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Alexan- der Hartshorn, one of the sureties on the foregoing bond, and made oath that he is worth the sum of four hundred dollars, over and above all his just debts, legal liabilities and property exempt Irom execution at law. His Alexander X Hartshorn. mark. Witness: Peter Crosby. Sworn and subscribed to before me, this 23d day of October, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Peisonally appeared before me, Geo. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Joseph 283 Sanders, one of the sureties on the foregoing bond, and niado oath that he is worth the sum of one thousand dollars, over and above ail his just debts, legal liabilities and property exempt fn^m execution at law. His Joseph X Sanders. mark. Witness: Peter Crosby. Sworn to and subscribed before me, this 23d da}- of October, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. State of Mississippi, Warren County, ss. Personally appeared before me, Geo. W. Davenport, Clerk of the Chanceiy Court, in and for said county and State afore- said, John Sanders, one of the sureties on the foregoing bond, and made oath that he is worth the sum of one thousand dol- lars, over and above his just debts, legal liabilities, and property exempt from execution at law. His John X Sanders. mark. Witness: Peter Crosby. Sworn and subscribed to before me, this 23d day of October, A. D. 1874. Geo. W. Davenport, Clerk, State of Mississippi, Warren County, ss. Personall}^ appeared before me, Geo. W. Davenport, Clerk of the Chancery Court, in and for said county and State, Alfred Allen, one of the sureties on (he foregoing bond, and made oath that he is worth the sum of two hundred dollars, over and above all his just debts, legal liabilities, and property exempt from execution at law. His Alfred X Allen. mark. Witness: Peter Crosby. Svvorn and subscribed to before me, this 23d da}- of October, A. D. 1874. [Seal.] Geo. W. Davenport, Clerk. B O IsT ID ^ OF PETER CROSBY AS SHERIFF. State of Mississippi, Warren County, ss. Knoio all men by these presents: Tliat we, Peter Crosby, as principal, and Geo. S. Yerger, W. H Tajdor, Cliarles Caldwell, Geo. W. Shepherd, W. H. Harney, Geo. M. Buchanan, Jno. A. Mahon, B, K. Bruce, James Hill, William Price, Finis H. Lit- tle, Baylor Palmer, S. J. Ireland, Jno. S. Brown, G. C. Smith, G. H. Holland, E. W. Williams, as sureties, are held and firmly bound unto the State of Mississippi, in the penal sum of ' ■ — - — dollars, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severall}^ firmly by these presents. Signed with our hands, and sealed with our seals, this 31st day of — , A. D. 1874. The condition of the above obligation is such, That whereas, the above bounden, Peter Crosby, wasdul}?- elected to the office of Sheriff of Warren county, on the 4tli day of November, 1873, for the term of two years from the first Monday in Jan- uary, 1874; and whereas. The law provides that the Sherifl' of each count}^ shall be Tax Collector therein; now, therefore, If the said Sheriff and Tax Collector shall well and truly and faithfully collect all the taxes assessed, and promptly pay into the State and county treasuries, all the moneys collected by him, and to which said treasuries shall be respectively entitled, and shall in all things truly and faithfully execute and per- form all the duties of Tax Collector of said county, to the best of his skill and abilit}^, so long as he shall continue in offlce, then this obligation to be void and of no effect, other- wise of full force and virtue. To the amount of fSlOOO] Geo. S. Yerger, [Seal] $10001 Wm. H. Taylor, [Seal.] j1>4000] Charles Caldwell, [Seal.] $2000] G. W. Shepherd, [Seal.] $>000| Wm. H. Harney, [Seal.] ^$2000] Geo. M. Buchanan, [Seal] $2000] John A. Mahon, [Seal.] $5000] B. K. Bruce, [Seal] By JAMES HILL, [Seal] Attorney in fact. 285 To the amount of $1000 $1000 $4000 $1000 $4000 $5000 $2000 $2000 81000] James Hill, [Seal. J William Price, [Seal.] Finis H. Little, [Seal.] Baylor Palmer, [Seal.] S. J. Ireland, [Seal.] John Brown, [Seal.] C. B. Smith, [Seal.] G. H. Holland, [Seal.] E. B. Wilborn, [Seal.] State of Mississirn, Marshall County, ss. On the 25th day of September, 1874. personally appeared before me, the undersigned, a Justice of the Peace in and for said county, G. M. Buchanan and J. A. Mahon, sureties on the above entitled bond, who, being duly sworn, deposed that they are worth the sum of two thousand dollars, each, over and above their just debts, legal liabilities, and exemptions, in real or personal property. Geo. M. Buchanan, John A. Mahon. Sworn and subscribed to before me, this 25th day of Sep- tember, A. D. 1874. B. W. Lee, [Seal.] Justice of the Pence. State of Mississipfi, Hinds County, ss. On this 3Gth September, 1874, personall}^ appeared before me, the undersigned, a Justice of the Peace, in and for said count}', B. K. Bruce, by James Hill, his Attorney in fact, and James Hill, sureties on the above entitled bond, who, being duly sworn, deposes that they are worth — B. K. Bruce, the sum of five thousand dollars, b}^ James Hill, Attorney in fact; James Hill, one thousand dollars, over and above their just debts, legal liabilities and exemptions, in renl and personal property. B. K. Bruce, By James Hill, Attorneti in fact. James Hill. Sworn and subscribed to before me, this 30th day of Sep- tember, A. I). 1874. Peyton Robinson. J. P. [Seal.] State of Mississippi, Hinds County, ss. On this 2d day of , 1874, personally ap])eared before me, the undersigned, John McGill. Ma3'or of the City of Jack- son, and ex-officio Justice of the Peace, in and for the county and State aforesaid, William Price, surety on the above bond, who, beino' dulv sworn, deposeth that ho is worth tlio sum of In-^20 286 one thousand ($1000) dollars, over and above his just debts, legal liabilities and exemptions, in real property. William Price. Sworn and subscribed to before me, this 2d day of October, A. D. 1874. John McGill, Mayor and J. P. [Seal.] State of Mississippi, Hinds County, ss. Personally appeared before me, the undersigned, a Justice of the Peace, in and for said count}'. Finis H. Little, surety on the foregoing bond, who, being duly sworn, deposes that he is worth over and above his legal exemptions, liabilities and just debts, the sum of four thousand ($4000) dollars, in real estate, situate in the State of Mississippi. Finis H. Little. Sworn to and subscribed before me, this 6th day of October, 1874. Peyton Eobinson, J. P. [Seal] State of Mississippi, Hinds County, ss. Personally appeared before me, the undersigned, a Justice of the Peace, in and for said county, Baylor Palmer, surety on the foregoing bond, who, being duly sworn, deposes that he is worth over and above his legal exemptions, liabilities and just debts, the sum of one thousand dollars, in real estate, situated in the State of Mississippi. Baylor Palmer. Sworn to and subscribed before me, this Sth day of October, 1874. Peyton Robinson, J. P. [Seal.] State of Mississippi, Hinds County, ss. Personally appeared before me, A. W. Little, Clerk of the Supreme Court of Mississippi, S. J. Ireland, John Brown, C. B. Smith, and G. H. Holland, sureties on the foregoing bond, who, being dul}' sworn, deposes that they are worth over and above their legal exemptions, liabilities and just debts, the sum of five thousand ($5000) dollars, in the State of Mississippi. S. J. Ireland, John Brown, C. B. Smith, G. H. Holland. Sworn to and subscribed before me, this day of October, 1874. A. W. Little, [Seal.] Clerk of the Supreme Court of Mississippi. State op Mississippi, Hinds County, ss. This day, personally appeared before me. Chancery Clerk, in and for said colinty, W. H. Harney, who, being duly sworn^ 287 says on oath, that he owns property to the amount of two thousand doUars, in free-hold estate, above and over his just debts, liabilities and exemptions, in this State, subject to exe- cution at law. G. W. bHEPIIERD. Sworn to and subscribed before me, October 13, 1874. Murray Peyton, Clerk. State of Mississippi, Hinds County, ss. Personally appeared before me, Silas J. Casey, Justice of the Peace in and for said county, E. B. Welborn, who, being sworn, says on oath, that he owns property to the amount of one thousand dollars, in free-hold estate, above and over his just debts and liabilities and exemptions, in this State, subject to execution at law. ,. -r^ ,xr E. B. Wilborn. Sworn to and subscribed before me, this 14th day of Octo- ber, 1874. a T o S. J. Casey, rggg^j -j Justice of the Peace. State of Mississippi, Hinds County, ss. Personally appeared before the undersigned, Chancery Clerk* in and for said county, Charles Caldwell, W. H. Taylor and G S Yerger, who, being duly sworn, says on oath, that they own rearestate in said State, over and above all their just debts, liabilities and legal exemptions, sufficient to cover tlie amounts set opposite their names on the withm bond. Charles Caldwell. Wm. H. Taylor. Geo. S. Yerger. Sworn to and subscribed before me, October 22, 1874. Murray Peyton, rgg^l -j Chancery Clerk. The State of Mississippi, Warren County, ss. I, George W. Davenport, Clerk of the Chancery Court, within and for said count}^ do hereby certify that the foi^go- ino- twenty-seven pages contain a true and correct copy- of the bo'^id of Peter Crosby, as Sheriff of Warren county, Missis- sippi, and the bond of said Peter Crosby as Tax Collector of said county and State, with the sureties and their justifications on each of said bonds, filed October 27th, 1874, as the same appears on file and of record in my office, in records of official bonds, pages . , Witness my hand and seal of said^ Court, affixed at office this the 2d day of Januaiy, A. D. 1875. Geo. W. Davenport, [Seal.] ^^^'''^' W. H. Nelson, Deputii Clerk, 288 BOARD OF SUPEKVIS0R8, WARREN COUNTY, MISS. Tuesday Morning, October 27, 1874. Board met pursuant to public notice given. Present — C. Axelson, President ^;ro ^e?7i; Henry Hunt, Oscar Speed, W. B. Lewis, members. Peter Crosby, Sheriff and Tax Collector of Warren count3% presented to the Board new bonds as Sheriff and Tax Collec- tor, in accordance with the order of the Board of the 8th day of October, 1874, requiring said officer to give a new bond as Tax Collector, in the sum of eighty thousand, one hundred and sixty-five 39-100 dollars (S80,165 39), and a new bond as Sheriff, in the sum of twenty thousand -dollars, within twenty days after notice of said order. On examining said bond as Tax Collector, and the sufficienc}' of the sureties thereon, and it appearing to the Board that the said bond is good and sufficient security for the penalty of $80,165 39, therein stated, and otherwise in full compliance with said order, it is ordered and adjudged by the Board, that the said bond of said Peter Crosby, as said Tax Collector, be approved, and that the same be filed by the Clerk, accord- ing to law. And further, that the sureties on said Crosby's former bond be discharged from further liability on their said bond, as to the performance of all official duties, upon the part of said oflficer, from this date. And it further appearing to the Board, that the said bond, as Sheriff, is good and sufficient for the penalty of twenty thousand dollars therein stated, and otherwise in compliance with the said order of October 8, 1874. It is ordered by the Board, that the said new bond of Peter Crosb}", as Sheriff, be approved, and that the same be filed with the Clerk of this Board, according to lav/; and further, that the former sureties on said Crosbj-'s bond, as Sheriff, be discharged from further liability on their said bond, as to the performance of all official duties, upon the part of said officer, from this date. Messrs. Henr}^ Hunt, Oscar Speed and W. B. Lewis voting for this order, and C. Axelson, voting against this order. The State op Mississippi, Warren County, ss. I, George W. Davenport, Clerk of the Chancer}- Court, and ex-oficio Clerk of Board of Supervisors, within and for said count}', do hereb}^ certif}' that the foregoing two pages contain a true and correct cop}^ of the order of Board of Supervisors of said county and State, made and entered on the 27th day of October, A. D. 1874, approving the official bonds of Peter Crosby, as Sheriff and Tax Collector of said countj^ and State, as the same appears of record in my oflEice. Witness my hand and seal of said Court, affixed at office this the 2d day of January, A. D. 1875. [Seal.]< . Geo. W. Davenport, Clerk. W. H. Nelson, Deputy Clerk. B O 2iT ID OF GEO. W. DAVEiSTORT AS CHANCERY CLERK. Know all Men by these Presents: That George W. Daven- port, as principal, and Claiborne Greene, Cbas. E. Furlong, Martin Keary, Stephen Johnson, and Thomas M. Broadwaters, as sureties, are held and firmly bound unto the State of Missis- sippi, in the penal sum of twenty thousand dollars, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our executors and administrators, jointly and severally, firmlv bv these presents, dated this. . . .day of Dec, A. D. l'871. Whereas, The above bounden, George W. Davenport, was duly elected to the office of Clerk of the Chancery Court, of Warren countv, in said State, on the 7th day of November. A. D. 1871, for the term ending on the 1st day of January, A. D. 1876: Therefore, The condition of this obligation is such, that if the said George W. Davenport shall faithfully perform^ and discharge all the duties of the said office of Clerk of the Chancer V Court, of Warren County, and all the acts and things required*' by law% or incident to the said office, during his con- tinuance therein; and shall faithfully receive and pay such sums of money as by law, and the orders and decrees of said Court, it shall be made his duty to receive and pay over, then the above obligation to be void, otherwise, to remain in full force and virtue. Geo. W. Davenport. [Seal] Claiborne Green, [Seal] Chas. E. Furlong, [Seal J Martin Keary, [Seal] Stephen Johnson, [Seal] Thos. M. Broadwateks. [Seal | State of Mississippi, Warren County, ss. This 2nd day of December, A. D. 1871, personally appeared before me, the above Claiborne Green, Chas. E. Furlong, Mar- tin Keary, Stephen Johnson, Thos. M. Broadwaters, who sev_^ erally signed the foregoing bond, as sureties, and acknowledged that 'they executed the same; and being by me first sworn, ac- 290 cording to law, severally, say, the said Green, that he is worth the sumo two thousand dollars, over and above all his just debts and lega liabilities, and liable to execution at law; Vhe said Chas. E. Fur ong, that he is worth in like manner the sum ot ten thousand dollars, over and above all his iust debts -nd legal liabilities, and liable to execution at law; thfJ^^rd Margin Keary, that he is worth the sum of five thousand dollars, over Pvp/nH^''' f^ '" l':'^ '^'^^'^ ""'"'^ ^'^^^ liabilities, and liable to execution at lau'; the said btephen Johnson, that he is worth doh^?'"' 11 "^^ 1 i'^^^^^"^^ '^""^^^''^ «^^^^- '-^"^^ ^^^ove all his just dc^bts and legal habihties, and liable to execution at law; the th iV/'"'''' f\ Broadwaters, that he is worth the sum of W.l 1 oKK?" dollars over and above all his just debts and legal liabilities, and liable to execution at law. E. Hill, . Chancellor Uth Dist, Miss. OATH OF OFFICE. I, Geo. W Davenport do solemnly swear that I will faith- fully support, and true allegiance bear, the Constitution of the United feates, and the State of Mississippi, and obey the laws tliereof; that I am not disqualified from holding office bv the Constitution of the United States, or the State ?f Mississ^ippi! that I will laithfully discharge the duties of the office upon which I am about to enter: So help me God. c 1 1 1 , ^' ^' Davenport. Subscribed and sworn to before me, at Vicksburg, Miss this 2nd day of December, A. D. 1871. "" ' E. Hill. Chancello?'. ENDORSED. I hereby approve the within and foregoing bond, and the sureties to the same. ' E. Hill, Datea Dec. !•, 1S71. (^''"'"^eUor Uth Dist, Mis.. \Vonpprove the within bond, which is already approved by the L/Jiancellor. ^ x r j Wm. McGee, T.., 1 T^ , . .^ ^- ^I- Arthur, Clerk. tiled December 2, 1871. A. H. Arthur, rrt„,, o T.-- Clerk. IHE »5TATE OF MISSISSIPPI, WaRREN CoUNTY, SS. I, George W. Davenport, Clerk of the Chancery Court within and for said county, do hereby certify that the foreo-o- ing Our (4) pages contain a true and correct copy of the offi- cial bond of Goo. W. Davenport, a, Chancery Cleric of safd 291 count}' and State, his oath of office, and endorsement approv- ing said bond, and the liling of same, 2d December, 1871, as the same appears on file and of record in my office. Witness m}^ hand and seal of said Court, affixed at office this the 2d day of January, A. D. 1875. # Geo. W. Davenport, Clerk. W. W. Nelson, Depvty Clerk. ViCKSBDRG, Miss., December 29, 1874. Hon. F. II. Little, Chairman Legislative Committee : Dear Sir — In pursuance of the arrangement on yesterday, I will furnish 3'ou with the names of fifteen witness on the part of the tax-payers. But as the charge is made in the Act which authorized the investigation, that the people here were in a state of insurrection, we deem it prudent to allow the tes- timon}' to come out first in support of the charge. When 3'our committee shall be satisfied that a jjrima facie case has been made out from the testimony, w^e will have our witnesses ready to answer such a case. Very respectfully, yours, etc., Warren Co'>van. Jackson, Miss., December 29, 1874. To the Committee of the Legislature of the State of Missis- sippi to investigate the affairs of ex count}/ officials of Warren county: Gentlemen — Should in}' official transactions as Circuit Clerk of Warren county be investigated by you, I desire to give my testimony in reference thereto, but prefer to do so in this city, as I have good grounds for believing that my life would be endangered should I appear before you in Vicksburg in the present state of aff'airs in that city. Veiy respectfull}', etc., T. W. Cardozo, Ex- Circuit Clerk ^ etc, LBJa'07 Deacidified using the Bookkeeper process. Neutralizing Agent: Masnesium Oxide Treatment Date: hJUL ^ QQKKEEPER PRESERVATION TECHNOLOGIES, LP y < 1 1 1 Thomson Park Drive "VA -^ Cranberry Township, PA 16066 (774\ 779-2111