A. I received two communications from him by the same man. One of them, I think, about eleven o'clock, and the other about one o'clock. I asked the man to out again, and he said he would not attempt it, that he had been stopped before, and that it was at the risk of his life. He would not attempt to go out again.
By Mr. Means:
Q. As a military man, you received a command from your senior, to hold your position, and you wouldn't have felt like doing anything else but to hold your position—you would have been liable to a court-martial, if you had disobeyed that order?
A. I would.
Q. The responsibility rested with your senior?
A. I told General Latta, in my note, which may have had some influence in his orders to me, that my men were terribly worn out, and had not had anything to eat for over twenty-four hours, and had not had any sleep for two nights, and I didn't think it would have been a wise thing with the amount of ammunition we had to attack that mob that night.
By Mr. Lindsey:
Q. General Latta had no power as a commanding officer, had he? His duties as Adjutant General were simply to marshal, and bring together the forces of the State—the militia forces, and when General Pearson was relieved or was absent, you would be the next general in command—would you not?
A. That is one way of viewing it. I would be, probably. A staff officer does not command troops; but General Latta was acting under the Governor or in his place, and you notice in the Governor's message, he blames me for disobedience of orders which I never received, saying I had refused to return to Pittsburgh by orders of General Latta.
Q. Did you understand that General Latta was commander-in-chief.