A. There are the facts, just as they are. It was with difficulty that I could get them.
Q. What powers are given you as mayor by the city charter or organization?
A. We are acting under the law of 1874, the Wallace act, where the mayor has the same power as the sheriff to call a posse comitatus, and so on. I might state right here, in regard to the passage of that very act, that I was before the committee, Mr. Merryfield and myself, asking that very power of the sheriff to be given to a city. Or town, as an instance, where we were so far from the county seat, in the case of outbreak, under the old charter the mayor would be helpless.
Q. Did you make any regular call upon the citizens to serve as a posse?
A. I made this call, in which I called those enrolled—my posse. When I went up the street, I might state right here, that Mr. Thomas, a gentleman who will be here, who was one of the committee from the workingmen, came and guaranteed me any aid I might need.
Q. How many did that posse number?
A. One hundred and twenty, sir, enrolled.
Q. Were ready to come at the signal?
A. Yes, sir.
Q. You speak of legal liability. Is there any law by which your city is made liable for damages done within your limits?