By Mr. Yutzy:
Q. Would not that have caused great loss of life?
A. Undoubtedly—if they had fired low.
Q. What is your avocation now?
A. I am a lawyer by profession.
Q. You practice at the bar here in this city?
A. Yes.
Q. From your experience in the army, and from what you saw of the conduct of the troops at Twenty-eighth street, would you say that their conduct was good as military men?
A. No, sir; not a bit of it. Every man that fired first should have been taken out and shot. In other words, I mean that there was not a particle of discipline. I say that for this reason: There was no order given to fire by any officer. I believe that to be the fact, because I was on the hill side not more than sixty or eighty feet away from where the firing began, and I had been there some two hours before the firing did begin. I was standing there wondering how the men were going to clear the tracks, and when the fight began I was listening very closely in order to hear what command would be given by the officer in command. Then this fuss began with three or four pistol shots, and then the bricks and stones were thrown, and then more pistol shots, and then it was every man for himself. So far as those soldiers were concerned, I have said since, and believe it to be a fact, that it was one mob armed against another mob not armed.
Q. Was not the conduct of those soldiers as good as could be expected from militia men?