A. I did see one man, just as I was coming down the hill. I went up there to see the burning from the top of the hill, near what they call the pest-house, and saw the soldiers between the round-house and the square shop.
Q. That was not where they marched out Penn street before the fire?
A. The fire was pretty close to the round-house when the cars were fired.
Q. That was after the troops had fired?
A. This was at five o'clock Sunday morning.
Q. When they came out?
A. The soldiers that were in there, they were firing away all night, and when I came out they were getting down off the hill on Twenty-eighth street, and the troops were getting out then, and I was coming down. The tail end of them were passing, and a man came down Twenty-eighth street in his shirt sleeves—a pretty good sized man, not too big—and he had a musket, and he was rolling up his shirt sleeves, and when he came to the drug store, corner of Twenty-eighth and Penn, I seen him raising his musket. I thought they would return back the fire up that street and I got down the alley and run into the house.
Q. Did you make any attempt to arrest this man?
A. No.
Q. Did you not think it was your duty, as constable, to stop that man from shooting?