Q. You say that you acted in attempting to keep and preserve the peace here and keep down violence until superseded by the military?
A. Yes, sir.
Q. Is not the military always in subjection to the civil authorities?
A. The Constitution says so, but the facts of the case are otherwise.
Q. Had you not entire authority and control, at all times, within the limits and jurisdiction of the city?
A. Not when the sheriff comes to the front. He is the chief peace officer of the county, and has the whole county at his beck and nod. The mayor is simply the city.
Q. Is not it the duty of other head officers to coöperate with the sheriff?
A. That depends upon circumstances. I could not coöperate with the sheriff, because the matter was under control of men who were acting entirely different from any way that I would have acted in the case, and I could not assume responsibility in a state of facts that I believe would lead to what was the ultimate result.
Q. Is not your power as magistrate, within the city limits, identical with those of the sheriff?
A. They are.