A. Under the old militia law of the State the sheriff could call them out, or General Pearson, or the major general in command of this division, and he could oblige them to serve as a posse. As it is to-day, he cannot do it.

By Mr. Lindsey:

Q. I understand, from what you have already said, that it was not necessary, in your opinion, to call out the militia in this instance, at the time they were called?

A. I don't exactly mean that, but I do mean to say, it seemed to be the only power at hand, as we have not enough provided in the city or county. It was ill advised and bad judgment when they were called to put them inside of the mob, and not to keep them in reserve. The purpose of a soldier is simply to kill, and it was particularly ill advised on Saturday, in the teeth of protests made by representative citizens. It could effect nothing but what it did effect, and that was violence in every form.

Q. You had not sufficient police force here to cope with a mob of its extent and power?

A. No, sir.

Q. The sheriff had not sufficient force to cope with it?

A. No.

Q. And I understand it would be folly for the sheriff to attempt to raise a posse of citizens to cope with it—then there was nothing left but to call out the military?

A. I do not see anything else—if they intended to do what they supposed they could do. I do not think it was necessary to call out anybody.