A. I believe he did; but I was not up with him the first time he was up.

Q. What effort was made by the sheriff and his posse, or deputies, to clear the track before the military came up?

A. They tried to get them off the track—they talked to some of them, but they appeared to want to get at the military. When we got to the crossing, part of the party got away, and that is how a part of the mob got in between us and the military.

Q. Were you close to the military when the firing commenced?

A. Within ten or twelve feet, I think.

Q. Did you hear any command given to fire?

A. None whatever.

Q. If there had been a command given you would have heard it?

A. I think so—I was close enough. There appeared to be a good deal of noise going on at the time.

By Mr. Lindsey: