A. First, there were a few shots fired that went over our heads. Then a second volley was fired—a heavy volley, and just took a low range.
Q. You were there at that time, if I am rightly informed, endeavoring to clear that track, and keep that cut open?
A. Keep the crowd open, trying to disperse the crowd at that time.
Q. That is the time you received the volley?
A. That is the time we received the volley. The military did not see the police force, nor did the police force see the military. It was just dusk, and about that time the crowd was very large, and they came marching into the cut, and were at the corner of Seventh and Penn, right on the railroad tracks, and they got very close upon us before we knew it, owing to the large crowd.
Q. If I understand you, the military fired on the party, not knowing who they were firing on?
A. They were brick-batted and stoned, and pistol shots fired on the soldiers in the cut before they fired, and from the best information I have, and in that way I judge they did it in self-defense.
By Mr. Lindsey:
Q. You don't think that they knew, or had any intention of firing on the police?
A. No; I don't believe that. About the place where the military commenced firing was in the cut, between Court street and Washington street bridge, or about there, and the crowd or mob was all up along that place, from Walnut street, for two squares above in the street, and on the sidewalk, and all along the walls of the cut, and it appears the military came in through the cut, and when they got in they were attacked, and the pistol shots fired, and to the best of my knowledge the shots came from the wall of the cut, right above, over the soldiers' heads.