A. It was more of the nature of a request. Of course, the feeling in town was a matter I suppose would have to be handled very delicately, and I got up on the railing at the Lochiel hotel and said, "Gentlemen, I am informed the rioters are breaking into the stores down on Market street. For the preservation of law and order, how many of you will go with me to suppress it?" and there were a number of voices responded, "We will all go with you."

Q. And then you led off and they followed?

A. Yes, sir.

Q. When you reached the crowd, how large a crowd did you find assembled?

A. Well, I could not estimate the numbers. The line was drawn at the foot of Market street by the railroad. There was a line of men across the railroad there—standing there. I remember one man who was in front had a gun in his hand. I went up to him and took the gun from him, and he gave me some impudence and I took him by the neck and tossed him into the crowd.

Q. Was his gun loaded?

A. Yes; it was loaded.

Q. Who was that man?

A. A man by the name of Davis. He is now here in our jail.

Q. Was he a railroad man?