Q. I understand your position, Mr. McCarthy, to be this: that you may be superseded by the sheriff of the county, but not by the military?
A. No, sir; that is not my position, by a long slap. My position is that the military were sent here at the request of the sheriff—that the sheriff took possession of the business, and that the police were dismissed, and then I had nothing more to do with them. That is my position.
By Mr. Larrabee:
Q. That is, when the sheriff takes possession that then there is no further call on you or any further duty for you to perform—is that the position?
A. Under the circumstances as they existed at that time.
By Mr. Lindsey:
Q. Why, then, did you assume command on Saturday evening?
A. Because I had reason to believe from what I saw that outside of the railroad property there was work to be done.
Q. It was not then for the purpose of protecting the railroad property that you acted on Saturday?
A. My good conscience, didn't the railroad company and the sheriff have one thousand men right on that ground, or thereabouts.