U.S. Congress. Senate. Subcommittee of the Committee on Education and Labor.
Conditions in the Paint Creek District, West Virginia. Hearings before a Subcommittee of the
Committee on Education and Labor. Part II. 63rd Cong., 1st sess., 1913.
September 8, 1913
Bonner H. Hill was called as a witness, and, having been sworn by the chairman, testified as follows:
Senator Kenyon. You are sheriff of Kanawha County?
Mr. Hill. Yes, sir; I am.
Senator Kenyon. We want you to tell us just exactly how the Bull Moose train was acquired, the armored train, the night of the shooting at Holly Grove; who got the train and the circumstances of it. We want to make that clear in this record.
Mr. Hill. I do not thoroughly understand you. Do you mean who employed the train?
Senator Kenyon. Yes, sir.
Mr. Hill. Well, to begin with, I got a telephone message along about 3 or 4 o'clock that there had been some shooting at Mucklow; and a little later the doctor called me up from the hospital and said a man had been shot at, or that he had been shot at, rather, in taking a patient to the hospital; and I talked with Will Little, a deputy sheriff up there, and he told me that things were in bad shape, and that these people had been shot at, or at least, from information he could get, and that he was really afraid to venture up there by himself, and that it was necessary for me to come up myself. I went down to talk to the governor and the prosecuting attorney about the matter, and they insisted that I go up there. I missed, or it was too late to catch No. 6, the regular passenger train, and I went around toward the Ruffner Hotel, and I think I met Mr. Quinn Morton, and I asked him if he had heard anything of the shooting or the trouble they had been having on Paint Creek. He said, yes, he had. I discussed the shooting with him, and I am not sure whether he asked me if I would go on up or not, but I think he told me he had been looking for me and wanted to know if I was going up. I think that is the way he put it. I told him I had missed the train, and he suggested this Bull Moose train.
Senator Borah. Who was this who suggested it?
Mr. Hill. Mr. Morton, that we could get up on the Bull Moose train; and he went, I think, to see Mr. Payne or somebody, I do not know who he went to see.
Senator Kenyon. Who is Mr. Payne?
Mr. Hill. Mr. Payne is the gentleman standing right here, working with the railroad company.
Senator Kenyon. What is his position?
Mr. Hill. I do not know. He works for the railroad company, and he had a room at that time, in the Ruffner Hotel, in Charleston. And later he told me that the Bull Moose train would be there and I could take my men up on it.
Senator Kenyon. You did not make the arrangements yourself then with the railroad for the Bull Moose train?
Mr. Hill. Well, no sir. I talked to Mr. Scherer after the train arrived there.
Senator Kenyon. Who is Mr. Scherer, for the purposes of the record.
Mr. Hill. He works for the railroad company.
Senator Kenyon. Claim agent?
Mr. Hill. Claim agent; yes, sir.
Sentor Kenyon. You talked with him after the train arrived where?
Mr. Hill. At Charleston.
Senator Kenyon. The train then came to Charleston, so far as you know, in pursuance of the arrangements that Mr. Morton made?
Mr. Hill. Yes, sir.
Senator Kenyon. You talked with no one else and asked no one else to arrange for this train?
Mr. Hill. No, sir.
Senator Kenyon. You did not personally arrange for the train with any of the officers of the company?
Mr. Hill. No, sir.
Senator Kenyon. Then when the train arrived what was your talk with Mr. Scherer about it?
Mr. Hill. Mr. Payne was talking to Mr. Scherer, and in the first place the man who had charge of the train said that he did not know whether he would go up there or not - that is, allow the train to go that night - and there was some question about that; and I went up into Mr. Payne's room to see if the train was going, as I had my men there waiting, and Mr. Payne called up Mr. Scherer, and Mr. Payne discussed the going with Mr. Scherer, and I believe he said Mr. Scherer would like to speak to me; and he asked me what had happened and I told him, and that we were going up there that night and that I was going up if the others were, or something similar to that.
Senator Kenyon. What did he say about the train going?
Mr. Hill. I don't remember; I do not think he said one way or the other.
Senator Kenyon. Is that all the arrangement which was made about that train that you had anything to do with?
Mr. Hill. Yes.
Senator Kenyon. How many men did you take on this train?
Mr. Hill. I took eight.
Senator Kenyon. What kind of warrants were they, blank?
Mr. Hill. John Doe warrants; yes, sir.
Senator Kenyon. How may warrants were you taking?
Mr. Hill. I have the warrants here, or certified copies of the warrants, but they are not exactly like the warrants I had.
Senator Kenyon. How can they be certified copies and not like them?
Mr. Hill. Well, I do not know why the squire left it off. It is addressed to a constable instead of to me. This message was sent to me after I left Charleston, and so far as those warrants were just like that one, with the exception that they were addressed to me instead of to that constable. I have the warrants at home; they are in my office in Charleston.
(Witness presents papers to Senator Kenyon.)
[Copy.]
Warrant For _____ ______
State of West Virginia, Kanawha County, to wit:
To. G. D. Acree, or any constable of said county.
Whereas Quinn Morton, of the said county, has this day made complaint and information on oath before me, C. W. Dering, a justice of the peace of said county, that Jno. Doe, Richard Roe, Pete Roe, Harry Roe, and others, to your complainant unknown, of the said county, on the ___ day of February, 1913, in the said county, did unlawfully combine and conspire together, with a name, for the purpose of inflicting bodily injury upon Sam Lambert and others to your complainant unknown, in the county aforesaid.
These are, therefore, in the name of the State of West Virginia, to require you forthwith to apprehend and bring before me, or some other justice of the peace of said county, the body of the said John Doe, Richard Roe, Pete Roe, Harry Roe, et als. to answer the said complaint: and to be further dealt with according to law.
Given under my hand this 7th day of February, 1913.
C. W. Dering.
Justice of the Peace, District of Charleston, in said County.
State of West Virginia, County of Kanawha, to wit:
I, C. W. Dering, justice of the peace of Charleston District, Kanawha County, W. Va., do certify that the foregoing is a true copy of the original warrant issued by me in this cause.
C. W. Dering.
Justice of Said County.
Senator Kenyon. The warrants that you had were similar to the exhibit you have just produced, which is now shown you?
Mr. Hill. Yes, sir; with the exception that they were addressed to me instead of to G. D. Achree.
Senator Kenyon. With that exception they were about the same?
Mr. Hill. Yes, sir.
Senator Kenyon. You may file that.
(Paper submitted by the witness as follows: [not furnished])
Senator Kenyon. How many were there?
Mr. Hill. I do not remember.
Senator Kenyon. About how many?
Mr. Hill. Three or four.
Senator Kenyon. Was the charge the same in all of them?
Mr. Hill. Yes, sir.
Senator Kenyon. I should think one of those would be sufficient.
Senator Borah. Yes.
Mr. Hill. Here is the complaint, or a copy of it, which was made to the justice of the peace.
Senator Kenyon. Will you insert here as part of your testimony the complaint made to the justice of the peace, which is identified as Hill Exhibit No. 2.
Mr. Hill. No, sir; I do not, because I do not remember.
Senator Kenyon. I ask you to insert it as part of your testimony?
Mr. Hill. That that is the true copy?
Senator Kenyon. No; I am not saying that, but I am asking you to insert this copy which you produced here before us as part of your testimony.
Mr. Hill. Yes; I will.
(Paper submitted by the witness is as follows:)
Complaint For _____ ______
State of West Virginia, Kanawha County, to wit:
Quinn Morton, upon oath information complains that on the ___ day of February, 1913, in the said county, State of West Virginia, and district of Cabin Creek, John Doe, Richard Roe, Pete Roe, Harry Roe, and others to your complainant unknown, did unlawfully combine and conspire together, without a name, for the purpose of inflicting bodily injury upon Sam Lambert and others to your complainant unknown, in the county aforesaid, and he, the said Quinn Morton, therefore prays that the said above- named parties may be apprehended and held to answer the said complaint, and dealt with in relation thereto as the law may require.
Dated this 7th day of February, 1913.
Quinn Morton.
State of West Virginia, Kanawha County, to wit:
On the 7th day of February, 1913, the said Quinn Morton made oath and information to the truth of the foregoing complaint before me.
C. W. Dering,
Justice of the Peace, District of Charleston, in said County.
State of West Virginia, Kanawha County, to wit:
I, C. W. Dering, Justice of the Peace of Charleston district, Kanawha County, West Virginia, do certify that the within is a true copy of the original complaint issued by me in this cause.
C. W. Dering.
Justice of said County.
Mr. Hill. And there is the note from the justice of the peace (producing paper).
Senator Kenyon. I do not think we need that. What time did you leave Charleston?
Mr. Hill. As I remember, about 9 o'clock.
Senator Kenyon. Six deputies and yourself?
Mr. Hill. Eight deputies.
Senator Kenyon. Eight deputies and yourself and who else?
Mr. Hill. Well, Mr. Morton came to me then and asked if I had any objection to him and Mr. McClannahan going up there on the train, that they had property up there and were very much interested. I told him I did not have any objection whatever.
Senator Kenyon. That is two more. Who else?
Mr. Hill. There was another man. I do not know who he was, and they asked if I had any objection to his going up, and I said no, so far as I knew.
Senator Kenyon. Anybody else?
Mr. Hill. No.
Senator Kenyon. Was one of the deputies the man who appeared before us at Charleston, a Mr. Calvin?
Mr. Hill. Yes, sir; I suppose he would be one.
Senator Kenyon. You asked him to go?
Mr. Hill. No; I did not ask him to go.
Senator Kenyon. How did he happen to go?
Mr. Hill. He came into the hotel and told me that he understood I was taking a number of men up into Paint Creek that night, and he would like to go along. I told him I had arranged for about all the men I thought I needed and did not know whether I needed any more men. He said he had been working for the railroad company and for any reference he could refer to Mr. Payne or any official of the railroad company as to his being a good officer, and so on. I told him I did not know as I needed him, and with that I passed on upstairs to see whether the train was going or not, and to see what Mr. Payne and these people were going to do. And when I came back down or we had started to catch the train, this man was sitting in the lobby of the hotel and instead of addressing me he held his conversation with Mr. Payne, and I do not know exactly what passed between them. Mr. Payne called me back and said, "If you want a good man you can not get a better man than this man." Well, I had told the governor that I could not get men, and I had tried to deputize men that evening to go up into the coal region or on Paint Creek, and I wanted to take this man along.
Senator Kenyon. Well, then, you took this man?
Mr. Hill. And I told Mr. Payne to let this man come along, and I never spoke to him.
Senator Kenyon. Who had charge of that train? Who gave the directions and signals?
Mr. Hill. I don't know.
Senator Kenyon. Did you give any directions as to how the train should move?
Mr. Hill. No, sir.
Senator Kenyon. What car did you ride in?
Mr. Hill. I rode in the rear car - passenger car.
Senator Kenyon. Who rode in where the machine gun was, in the baggage car?
Mr. Hill. There were several railroad men on there. I only knew the names of some two or three of them.
Senator Kenyon. Who were they?
Mr. Hill. John Howery and his son, and Mr. Birchfield and another gentleman that had charge of the train, I forget his name.
Senator Kenyon. How were your deputies armed?
Mr. Hill. How is that?
Senator Kenyon. How were your deputies armed?
Mr. Hill. They had pistols, and after we got on the train there was some Winchester rifles, a box of Winchester rifles on this car that we were in, in this car rather, and when we got up about Cabin Creek Junction, I went in to see what they had in this baggage car, or I was just looking around - they stopped there to get water and change crews, or something. They were there several minutes. And when I passed back into the car I had been riding in, Mr. Birchfield said, "I have loaded some of those Winchester rifles and given your men one each," or something like that, and "you will find," I believe he said, "a couple laying beside the box loaded in case you should want to use one." I understood those rifles belonged to the operators, being sent up there as those people at Mucklow had phoned down that they had no guns or ammunition to defend themselves with that evening, that those guns were being sent up there.
Senator Kenyon. How many Winchesters were on there?
Mr. Hill. Indeed I don't know.
Senator Kenyon. A large number?
Mr. Hill. Several in that box; I would judge a couple or three dozen.
Senator Kenyon. Any other kind of rifles on there?
Mr. Hill. Well, in this bagga[g]e car - I don't know how many there were.
Senator Kenyon. How many of those were there?
Mr. Hill. Twelve or fifteen, I judge.
Senator Kenyon, And then the machine gun?
Mr. Hill. Yes.
Senator Kenyon. That was the equipment of that train, was it?
Mr. Hill. Yes, sir.
Senator Kenyon. What was your purpose in taking these rifles over there loaded - what was your purpose in giving any of your men these loaded rifles after you go on the train?
Mr. Hill. I didn't give them to them.
Senator Kenyon. Or in taking any of those?
Mr. Hill. I did not say I took any.
Senator Kenyon. But your men did?
Mr. Hill. Yes.
Senator Kenyon. Did you ever take any?
Mr. Hill. Yes; I took one after we started up Paint Creek.
Senator Kenyon. Your purpose in going up there was to serve these warrants?
Mr. Hill. Yes, sir; and to stop any riots which had been reported to me to be going on there that day, any shooting.
Senator Kenyon. The whole situation there was rather a troublesome one, I take it, for the sheriff?
Mr. Hill. Very; yes, sir.
Senator Kenyon. And had been for some time?
Mr. Hill. Yes, sir. Now, as we proceeded on up the road from Cabin Creek Junction Mr. Birchfield came over in the car where I was. I had retired into the passenger car from the baggage car. He informed me that they had been in the habit of throwing rocks at this train at Crown Hill, that is just below the mouth of Paint Creek, and asked me what was my orders in case they threw stones that night. I told him to stop the train and see if we could not arrest the parties. Then this man Little I spoke about a while ago, he was a deputy sheriff and was on the train; that is, after we got to Paint Creek Junction, was supposed to be there at the junction, was supposed to be at the station, and the mouth of the creek, as you know, if half a mile or so below the station, and the train crew dropped a flag below the mouth of the creek until we should run up and get Mr. Little and then come in on the Paint Creek road. This flagman came back - he was a young man I knew very well, had been raised with him, boys together -
Mr. Knight. Give us his name.
Mr. Hill. Bill Hastings. He came in - that is, after the train blowed him in - and told me that he was afraid we were going to have trouble up there. I was then talking to Little. We had got Little on the train, and he thought the train would be shot up, and I said, "What makes you think so, Bill?" "Wy," he said, " man just told me down there a while ago that hell would be shot out of that train before it got to Mucklow." Well, it was only a few minutes or a second or so after Bill passed through into the next car, into this baggage car, that some man came in and said, "If we are going to be shot up here to-night, we had better put these lights out," and he proceeded to extinguish the lights.
Mr. Knight. Who was that, if you know?
Mr. Hill. I don't know who that was. I was trying to get what information I could from Mr. Little, the deputy sheriff I had located at Paint Creek Junction; and as he started to put out the lights, I said to Little, "If we are going to have this shooting, we had better get a gun." I reached over and got a couple of these Winchester guns - we were sitting very close to them. He took a seat on the left hand side of the creek, as you go up, and I took a seat on the opposite side. It was only a few minutes until there was shooting.
Senator Kenyon. Where did the shooting come from, the train or -
Mr. Hill. In my opinion, it came from the left hand side of the - that is left of the train.
Senator Kenyon. At the train or from the train?
Mr. Hill. At the train.
Senator Kenyon. Well, what happened after that?
Mr. Hill. Well, sir; so many things and they happened so fast I could not hardly tell you. They were all shooting - everybody shot. I stepped over to the left side of the train and it just looked like a lot of fireflies, the flashing of the shots, and the men on the train were shooting.
Senator Kenyon. Shooting out of the windows?
Mr. Hill. Yes, sir.
Senator Kenyon. Did any shots come in the train?
Mr. Hill. Yes, sir.
Senator Kenyon. How long did that keep up?
Mr. Hill. Oh, it could not have been more than a minute and a half or two minutes.
Senator Kenyon. Could you tell the machine gun was being fired?
Mr. Hill. Well, I heard some rapid firing. I could not tell what it was. I never had heard a machine gun.
Senator Martine. Did it sound like rifle shots?
Mr. Hill. Yes, sir; something similar to rifle shots, very fast.
Senator Kenyon. You say everybody on the train did shoot?
Mr. Hill. Yes, sir; they did.
Senator Kenyon. What were they shooting at, anything in particular?
Mr. Hill. Why, I suppose they were shooting - when the flashes of the guns - when the guns would flash on the outside, you could see a person or a tent.
Senator Kenyon. Were the shots coming from the direction of the tents at Hollygrove?
Mr. Hill. Yes, sir; from both sides. There was shooting from both sides of the railroad.
Senator Kenyon. Was there shooting from this train at the tents?
Mr. Hill. Yes, sir; I suppose they did.
Senator Borah. Was it possible to see, except by the flashes of the guns, the tents or individuals outside of the train who might be firing at it?
Mr. Hill. No, sir; it was not. You could not see except from the flashes, at least that was my experience.
Senator Borah. Could you see individuals at and about the tents and in the town, as you went along on the train?
Mr. Hill. None, except from the flashing of the guns.
Senator Borah. Then your impression is that firing back was in answer to the flashes of the guns; that is to say they fired from whence the flashes came, in order apparently to reach the persons who were firing, is that it?
Mr. Hill. Yes, sir.
Senator Borah. Did you do any firing?
Mr. Hill. No, sir.
Senator Borah. Did you give any orders for firing?
Mr. Hill. No, sir.
Senator Borah. Are you satisfied as to who commenced the firing, whether it was outside or inside the train?
Mr. Hill. I could only give you my opinion in regard to that.
Senator Borah. It would only be an opinion?
Mr. Hill. Yes, sir. I was on the opposite side of the train.
Senator Borah. You are not able to state it as a fact.
Mr. Hill. No, sir.
Senator Borah. Is your opinion made up from statements which other people gave you?
Mr. Hill. No, sir.
Senator Borah. Is it made up from physical conditions you observed there?
Mr. Hill. Yes, sir.
Senator Borah. Did you hear rattling in the train as it was fired upon, glass or shots through the windows?
Mr. Hill. No, sir; I did not hear that.
Senator Borah. Was the train hit?
Mr. Hill. Yes, sir; the train was hit in a number of places. Fourteen bullets struck the engine.
Senator Borah. Was the train hit before you saw any firing from the inside of the train?
Mr. Hill. I could not say it was: no, sir.
Senator Borah. You did not see the machine gun in operation?
Mr. Hill. I did not: no, sir.
Senator Borah. Did you afterwards ascertain whether it was in operation?
Mr. Hill. Yes, sir. Mr. Lenz - I think Mr. Lenz told me it was in operation?
Senator Borah. How long did that firing continue from the train?
Mr. Hill. Oh, I don't think it lasted over two minutes - two or three minutes.
Senator Borah. How many shots were fired, do you suppose?
Mr. Hill. I don't know. I should judge a couple of hundred.
Senator Borah. Was that train under your control as the sheriff - were you giving the orders and directing it?
Mr. Hill. Well, sir, you have the statement that I made in regard to it. Those were the only orders I gave.
Senator Borah. Did you consider the train under your direction or control or orders - if you had seen fit to stop the train, would you have felt at liberty to order it stopped?
Mr. Hill. I expect if I had ordered them to stop, they might have stopped.
Senator Borah. What I want to get at is whether you considered the matter under your control, or whether this train was acting under your direction, or whether you were being taken along by them?
Mr. Hill. Well, that is a question that I could not answer. I don't know. I did not give any orders for the train at all, and it would be more of a supposition than anything else.
The Chairman. How did you consider it?
Mr. Hill. How is that?
The Chairman. Did you consider yourself in charge?
Mr. Hill. Well, if I had, I might have given more orders. I did not consider myself in charge of the railroad men; no, sir.
The Chairman. Who did you consider under your authority there?
Mr. Hill. Under my charge?
The Chairman. Yes.
Mr. Hill. I considered my eight men under my charge.
The Chairman. Your eight men?
Mr. Hill. Yes, sir.
The Chairman. Did you consider yourself as having authority or control over the others, to keep the peace, did you, in enforcing any orders you might have had?
Mr. Hill. I judge they would have done so; yes, sir.
Senator Borah. Did any of your eight men operate the machine gune?
Mr. Hill. Not that I know of.
The Chairman. Did any of your men shoot?
Mr. Hill. They said they did.
The Chairman. How many of your men, under your control, shot?
Mr. Hill. I think about all shot except Bill Little.
The Chairman. And yourself.
Mr. Hill. And myself.
The Chairman. Was the shooting at the train first, or from the train outside first; which do you say?
Mr. Hill. My opinion is, sir, the shooting was from the outside toward the train.
The Chairman. Now, what facts have you that make you think that?
Mr. Hill. From the sound of the guns, the report of the shots.
The Chairman. Did you ascertain that night that anybody had been hurt in the village as you passed through?
Mr. Hill. No, sir.
The Chairman. When did you first hear of anybody being hurt?
Mr. Hill. The next morning.
The Chairman. No inquiry or effort was made that night to ascertain what was the effect of shooting from the train?
Mr. Hill. No, sir.
The Chairman. After the train passed through the village, when it got outside of the range of the shooting, I mean to say from the village to the train, did it cease at once?
Mr. Hill. Yes, sir.
The Chairman. Have you any idea how many shots were fired from the train to the village?
Mr. Hill. I think I stated just a minute ago 200, in my opinion.
The Chairman. I was not there at the time.
Mr. Knight. You might ask him the other question, how many were fired from the village into the train?
Senator Borah. I asked how many shots were fired altogether.
The Chairman. Was anybody hurt on the train or any bullets lodged in the car, in the different parts of it - did you notice that afterwards?
Mr. Hill. I did not see any bullets lodge in the cars. They went on through. They went in on one side and out the other. The engineer had a bullet graze him on his finger a little bit.
The Chairman. Did you give nay orders to cease shooting?
Mr. Hill. No, sir.
The Chairman. That is all.
Senator Martine. Sheriff, was your train moving fast or slow?
Mr. Hill. Why, it was moving about the regular speed limit up those creeks - something like 15 miles an hour.
Senator Martine. You could have gone a little faster?
Mr. Hill. I suppose they could have.
Senator Martine. Why didn't they go faster?
Mr. Hill. Indeed, I could not tell you, sir.
Senator Martine. Had you anything to do with the ordering of the slow motion of the train?
Mr. Hill. I did not, sir.
Senator Martine. You spoke about Lee Calvin being around the hotel. Did you see Lee Calvin on the train?
Mr. Hill. Yes, sir; I did.
Senator Martine. What part was he taking in the enterprise?
Mr. Hill. Well, sir, I don't know. I saw him sitting there in the car with a gun.
Senator Martine. Did you see him in conversation with anybody?
Mr. Hill. No, sir; I don't think I did.
Senator Martine. You are sure you didn't hear him in conversation? Did you ever hear a conversation that he had with anybody?
Mr. Hill. No, sir; I think not.
Senator Martine. Was Mr. Quinn Morton on the train?
Mr. Hill. I think he was; yes, sir.
Senator Martine. Did you see him in conversation with Quinn Morton at any time, or Quinn Morton in conversation with him?
Mr. Hill. No, sir; I don't remember that I did.
Senator Martine. You would be pretty sure to remember if you had seen him?
Mr. Hill. After the lights were put out I could not tell who was talking.
Senator Martine. Did you have any conversation with Mr. Quinn Morton?
Mr. Hill. Yes, sir; I spoke to Mr. Quinn Morton.
Senator Martine. What was your conversation with reference to the occurrence - not with reference to anything that happened a month previous to it, but to the occurrence - that night?
Mr. Hill. I think I told Quinn Morton that this man Hastings - this brakemen - he called me to one side and told me in a private-like manner what he had heard while out flagging.
Senator Martine. What was it that you told Quinn Morton?
Mr. Hill. And when Hastings told me this I walked up and told Quinn Morton and three or four others sitting together what Hastings had told me.
Senator Martine. Do you recall the three or four others - who they were?
Mr. Hill. I believe Mr. McClannahan was sitting there - or whatever his name was.
Senator Martine. Who else?
Mr. Hill. Sam Harless, who was a deputy sheriff, and probably John Cart.
Senator Martine. What did you tell them, and Quinn Morton with them, when you went up?
Mr. Hill. I believe just now I repeated that I told them the things the brakeman had told me.
Senator Martine. What was that?
Mr. Hill. That that train would be shot to pieces before it got to Mucklow or something similar to that.
Senator Martine. Well, were there any responses? I mean -
Mr. Hill. Some of them said they didn't believe it.
Senator Martine. I mean after you had passed through this fusillade?
Mr. Hill. Oh, this happened before that.
Senator Martine. I mean after you had passed through this shooting experience and you at the end of your journey, wherever you were, what was the conversation then?
Mr. Hill. I think everybody on the car was trying to talk at once and I could not tell what was said.
Senator Martine. Could you have heard Lee Calvin if he had been talking?
Mr. Hill. Well, I could not have hardly distinguished him from anyone else the way they were all talking.
Senator Martine. I think you confused my question. I do not mean before you started when you said you didn't hear any conversation with Lee Calvin - I mean after this thing was over, after the termination of your trip, then do you recall of any conversation between Lee Calvin and anyone?
Mr. Hill. No; I don't believe that I do.
Senator Martine. Did you see him in conversation with Mr. Quinn Morton?
Mr. Hill. I don't remember of seeing him in conversation with Mr. Morton.
Senator Martine. Did you see Mr. Morton in conversation with anyone else regarding this particular trip and the experience?
Mr. Hill. Yes; I believe I did.
Senator Martine. Well, who was it as nearly as you could tell?
Mr. Hill. Well, I could not - I can not just exactly tell you.
Senator Martine. Could you hear that they were talking - Quinn Morton and this other man whose name you can not tell?
Mr. Hill. Oh, they were talking, wondering how many men were there and whether they would come up to Mucklow and whether the town would be surrounded and what would happen.
Senator Martine. Was anything said with reference to the machine-gun firing or the general firing that you had passed through?
Mr. Hill. Well, some one said that they had shot all the loads out of their guns.
Senator Martine. Who were they; can you recall any of them?
Mr. Hill. No; I don't believe I can.
Senator Martine. Did you hear any response when this man said or these men said they had shot out all the ammunition they had - did you hear any response from Mr. Quinn Morton regarding the experience or the result of the work?
Mr. Hill. Something was said; I do not recall exactly what it is.
Senator Martine. It was some time ago - I understand that - just as closely as you can. I don't expect you to give it absolutely, every little thing; just as nearly as you can - the general impression you got from the conversation you had.
Mr. Hill. I can't recall anything.
Senator Martine. What was that something that was said? I interfered with you there.
Mr. Hill. There were so many things talked there, I don't remember exactly what was talked about.
Senator Martine. I don't mean all. You were about to start off; you said something was said of. Just what was that that was said? It was not with reference to the weather?
Mr. Hill. Something was said about we would go down and arrest those people in the morning, or something like that. I don't know what it was now. I told them that we were not going, or something along that line. When we go to Mucklow there was a number of men there, and they were all armed and mad, and said that their homes had been shot into that day and that they wanted protection, and if the county and State officers didn't protect them that they would protect themselves. Just who these people were, I don't know, because I did not know very many of them.
Senator Martine. But you are sure you heard no conversation between Lee Calvin and Mr. Morton?
Mr. Hill. No; I don't think I did. I think I know what you are referring to. I did not hear Mr. Morton say that "We will go back and give them another round."
Senator Martine. Did you hear anything that could be construed as going back?
Mr. Hill. I don't remember that he did. I think he wanted to go down and arrest them the next morning.
Senator Martine. Did you hear anything about the effectiveness of the trip up?
Mr. Hill. I am not positive about that. I think he said "We gave them hell," or something like that.
Senator Martine. You are sure he did not say anything about turning back and giving them another round?
Mr. Hill. I did not hear that.
Senator Martine. You did hear, I think -
Mr. Hill. "We had lots of fun," or something like that. I forget what it was.
Senator Kenyon. What was that last?
Mr. Hill. "Had lots of fun," or "Gave them hell," or something like that. I forget how it was.
Senator Martine. On the trip up, when you saw them peppering away out of the train, you were safely inside of the armored train with a quarter of an inch of steel casting around it?
Mr. Hill. No, sir; I was not. Le me make that emphatic to you, too, will you?
Senator Martine. You said you were.
Mr. Hill. I did not.
Senator Martine. Where were the rifles - the rifles were in the car?
Mr. Hill. We were in the coach.
Senator Martine. Wasn't that an armored car?
Mr. Hill. No; it was not.
Senator Martine. There was an armored car.
Mr. Hill. The baggage car had some sheet iron set up in it, or boiler plate. There was some iron in there; yes.
Senator Martine. You were not in that car?
Mr. Hill. Yes; I was in that car - went through it.
Senator Martine. So you were safe in that car?
Mr. Hill. I was down there at Cabin Creek Junction, 15 miles away.
Senator Borah. You were not in that car at the time of the firing?
Mr. Hill. No.
Senator Martine. Oh, you were not? I take that all back.
Mr. Hill. I beg your pardon, too, if I made it too emphatic.
Senator Martine. You can't offend me a bit. You heard Mr. Morton say that they gave them hell, or that they had lots of fun. I wanted to -
Mr. Hill. Yes; but you didn't bring it around in a very nice way.
Senator Martine. I will bring it around any way you want.
The Chairman. Ask the questions. Don't have any argument.
Senator Martine. Any way you want. I don't want to offend you; I only want to know the truth.
Mr. Hill. That is what I am trying to give you.
Senator Martine. I have no animus against you and no animus against Mr. Quinn Morton. We are simply trying to find out the truth. That was testified to as a matter of record. All I wanted to know was whether Lee Calvin told the truth. It seems he did tell the truth, or a part of it, at any rate. I have no grievance with you. Great God, you mistake me.
Mr. Hill. All right, sir; I am ready to answer your questions.
Senator Martine. You are confident that is all you heard Mr. Quinn Morton say - "We gave them hell," or "Had lots of fun," or something like that?
Mr. Hill. Yes, sir.
Senator Martine. Well, I guess that is all.
Mr. Belcher. You had nothing to do, as I understand, with ordering the train at all?
Mr. Hill. I do not recall ordering the train.
Mr. Belcher. It simply was placed at your disposal through the efforts, so far as you know, of Mr. Morton?
Mr. Vinson. He didn't say so.
Mr. Belcher. He said in the first place Mr. Morton suggested getting the bull moose train.
The Chairman. Let the witness answer, and do not let us have any argument with counsel.
Mr. Hill. I do not know that the train was put at my disposal. They said that the train would carry me and the men up there.
Mr. Belcher. Now, you had nothing to do with taking the rifles over to the train?
Mr. Hill. No, sir.
Mr. Belcher. Those rifles that your men later got possession of?
Mr. Hill. No, sir; I had nothing to do with that.
Mr. Belcher. You didn't know, as a matter of fact, that those guns were on the train or had been taken to the train for the use of your men until they had been loaded and handed to your men?
Mr. Hill. No, sir; I didn't know anything about that.
Mr. Belcher. That arrangement had been already made before you arrived at the train?
Mr. Hill. Yes, sir.
Mr. Belcher. You don't know just how many special officers there were?
Mr. Hill. Now, I believe there was something said about guns, and that some one said, before we went over to the train, that there would be some guns on there.
Mr. Belcher. Who was that that made that statement?
Mr. Hill. I don't know.
Mr. Belcher. Was it, so far as you know, any one of your deputies?
Mr. Hill. No, sir; it was not any one of my deputies.
Mr. Belcher. So far as you know, your deputies did not know that the train would be armed with these guns that is, these Winchesters would be over there?
Mr. Hill. No, sir; they did not know it.
Mr. Belcher. You had made no such arrangement with your deputies?
Mr. Hill. No, sir.
Mr. Belcher. Then, if the guns were on the train they had been placed there without your knowledge - without your instructions?
Mr. Hill. Yes, sir. I had given no instructions for them to be there.
Mr. Belcher. How many special officers of the Chesapeake & Ohio Railway Co. were in the baggage car there were some 8 or 12, were there not?
Mr. Hill. I would judge 10 or 12, and in addition to the machine guns, two of which were in the car, they had about 15 rifles in a rack in the car. There were some laying on a table and some in a rack. Several guns in there; yes, sir.
Mr. Belcher. Do you know who was manipulating the machine gun who it was?
Mr. Hill. No, sir; I did not.
Mr. Belcher. Now, it was one of the men who had been riding in the baggage car, or what is known as the armored car, that came in and turned out the lights, wasn't it?
Mr. Hill. He came from the baggage car; yes, sir.
Mr. Belcher. And he, so far as you know, was a special officer for the Chesapeake & Ohio Railway Co.?
Mr. Hill. He may have been a brakeman or special officer.
Mr. Belcher. So far as you know, he was in the cmploy of the railroad company?
Mr. Hill. Yes, sir; so far as I know, he was.
Mr. Belcher. The lights were turned out just below Hollygrove, weren't they, when you were within a few hundred yards of Hollygrove?
Mr. Hill. Well, we had started up the creek. I judge it would be half or three quarters of a mile from Hollygrove.
Mr. Belcher. About half a mile below?
Mr. Hill. Half or three quarters of a mile.
Mr. Belcher. And no one had given you any information relative to any shooting upon the train other than the brakeman of the Chesapeake & Ohio Railway Co., in charge of that train or on the train, and the man who came back and turned out the lights.
Mr. Hill. That is all the ones that gave us any information; yes, sir.
Mr. Belcher. Now, when you got to Hollygrove, or just prior to the time the firing opened, did you hear a whistle sounded?
Mr. Hill. Yes, sir; the whistle blew for the crossing, I suppose. I don't know. It was a crossing whistle.
Mr. Belcher. As a matter of fact, is there a crossing there?
Mr. Hill. I think there is a crossing there somewhere.
Mr. Belcher. It is above the town in the upper end?
Mr. Hill. Yes, sir; I believe it is.
Mr. Belcher. You say that whistle sounded with two short blasts?
Mr. Hill. I think it was a long and two shorts.
Mr. Belcher. You are not sure whether it was two shorts or a long and two shorts?
Mr. Hill. I am not sure.
Mr. Belcher. How soon after the whistle was sounded was it until the firing happened?
Mr. Hill. Oh, it was just
Mr. Belcher. Just an instant?
Mr. Hill. Just a minute or such a matter; something like a minute probably.
Mr. Belcher. You paid no particular attention to the whistle, of course?
Mr. Hill. No, sir. I was talking to Mr. Little.
Mr. Belcher. As to the time, of course you can not be definite in saying it was a minute or a minute and a half after the whistle sounded until the firing?
Mr. Hill. Nor, sir; I would not.
Mr. Belcher. You were seated on the left hand side of the train?
Mr. Hill. On the right-hand side going up.
Mr. Belcher. I mean on the right-hand side.
Mr. Hill. Yes, sir.
Mr. Belcher. Were you looking out of the train?
Mr. Hill. Yes, sir.
Mr. Belcher. Looking out on the right-hand side?
Mr. Hill. Yes, sir.
Mr. Belcher. Now, you didn't see the flashes from the guns, the reports of which you heard?
Mr. Hill. No, sir; I did not.
Mr. Belcher. You can not tell this committee, as a matter of fact, that those shots were not started from the baggage car ahead?
Mr. Hill. Except in my opinion.
Mr. Belcher. How many shots had been fired until you went on the other side?
Mr. Hill. Well, just about as long as it would take me to walk from the right-hand side of the train over to the left, and I would judge there was some three or four shots fired.
Mr. Belcher. Some three or four shots?
Mr. Hill. Yes, sir.
Mr. Belcher. You have also stated that none of those three or four shots you had heard at first struck the train, so far as you know?
Mr. Hill. I did not hear them strike the train and I did not see any indications of it.
Mr. Belcher. The train was running at the rate of 15 miles an hour and the firing continued until you got to the cut above Hollygrove?
Mr. Hill. Yes, sir.
Mr. Belcher. In other words, the firing began at the lower end of the town and did not cease until you had gone above the town?
Mr. Hill. Yes, sir; the shots were fired up to the upper end of the town.
Mr. Belcher. Now, it was difficult to see who was shooting when the guns were in the car were being shot as fast as they could it was difficult to see where the shots were coming from, wasn't it?
Mr. Hill. Yes, sir.
Mr. Belcher. You would not be positive, when on the right-hand side, therefore, and the shooting was from the left, and shooting as fast as they could, you would not be positive as to where the flashes came from, would you?
Mr. Hill. Read that question, will you?
(Question repeated by the reporter.)
Mr. Hill. You mean after they began shooting?
Mr. Belcher. Yes.
Mr. Hill. Well, I could see the flashes of the guns on the outside very plainly.
Mr. Belcher. The guns the men were shooting from the inside of the car were on the outside, the muzzles of the gun?
Mr. Hill. Some of them were. You could see the flash of the guns that were off some little distance from the train.
Mr. Belcher. You didn't see those until the general fusillade, the flashes of the guns on the outside until the firing had become general?
Mr. Hill. No, sir.
Mr. Belcher. That is what I wanted to know. Now, some one did want to go back, didn't they, after you got above Hollygrove?
Mr. Hill. Somebody talked about it.
Mr. Belcher. And you did say there were women and little children in those tents and you didn't intend to allow it, didn't you?
Mr. Hill. Yes, sir.
Mr. Belcher. How long did you remain at Mucklow the next morning?
Mr. Hill. I remained there until the next evening.
Mr. Belcher. Do you remember anyone coming to the camp at Mucklow on the next morning and saying that they had shot hell out of Hollygrove?
Mr. Hill. How is that?
(Question repeated by the reporter.)
Mr. Belcher (continuing). Some of the guards or the men employed by the coal companies there I don't mean your men.
The Chairman. Do you remember any such conversation?
Mr. Hill. There were some men sent out on the Hill that next day the next morning to see if any of these men were upon the Hills preparing to shoot down into Mucklow, and when some of those people came back there was some remarks made in regard to or along that line. I don't know who the men were.
Mr. Belcher. Who sent those men out I beg your pardon
Mr. Hill (Continuing.) I asked the man, "What did you say"? He said, "Oh, nothing." I said, "Is it a fact you people went over and fired some shots down into Holly Grove?" And he said, "Oh, no," and went on about his business.
Mr. Belcher. What had you heard, Sheriff, that caused you to say, "Is it a fact that you have gone over and shot down on Holly Grove!"
Mr. Hill. From what I had heard him say.
Mr. Belcher. Didn't you then hear, or didn't you get that impression from thjis particular man, whoever he was, that they had fired upon the town of Holly Grove from the hillside?
Mr. Hill. Yes; I got that impression from him.
Mr. Belcher. You don't know Charlie Van Hoos, do you?
Mr. Hill. No, sir.
Mr. Belcher, Was there a one-armed person there at the time that was said?
Mr. Hill. Yes; there was a one-armed man there.
Mr. Belcher. Do you know Bob Ratliffe?
Mr. Hill. No sir.
Mr. Belcher. Capt. Levey sent those men out, didn't he, while he was on duty as watchman or guard for the coal companies?
Mr. Hill. I think he did.
Mr. Belcher. Your men were not along?
Mr. Hill. No, sir; I asked Capt. Levy the next morning if there were any of the watchmen out in the hills, and he said, "Yes, there were some along back out on the ridge." After I heard this conversation I went to Capt. Levy and asked him if it was a fact that any of his men had shot down on the camp at Holly Grove, and he took it up and proceeded to investigate it, and I did with him, and they denied it. Of course, this man left the impression with me that they had fired into Holly Grove.
Mr. Belcher. And they came back with their guns, some seven or eight of them, about this time?
Mr. Hill. Yes; they came back, and said there had been some shooting out there. They said when they went down and looked into Holly Groove they were fired at from the other side, and that they returned the fire and some men went into the woods.
Mr. Belcher. Did you know the outcome of the investigation on the part of the State authorities?
Mr. Hill. No, sir; I do not.
Mr. Belcher. Did you ever hear that 75 30.30 Winchester shells were found upon the hill there overlooking Holly Grove?
Mr. Hill. No, sir; I did not.
Mr. Belcher. The guns that these men had were 30.30 Winchester's?
Mr. Hill. That is the gun that was on the train. I did not examine them to know that, the next day.
Mr. Belcher. Did you subsequently learn that those guns which were put on the train that night had theretofore been captured by the military authorities and taken from the armory at the State capitol?
Mr. Hill. No, sir.
Mr. Belcher. Through Lowenstein & Sons, and delivered by Lowenstein & Sons on the order of Mr. Morton?
Mr.Hill. No, sir; I did not.
Mr. Belcher. You left Calvin up there under the direction or orders of Deputy Sheriff Little, didn't you?
Mr. Hill. I did.
Mr. Belcher. Tod him to stay up there and be guided by Little's orders?
Mr. Hill. Yes.
Mr. Belcher. Have you subsequently learned of any scheme on the part of anyone to take you up there that night in order to get you killed and some of your men killed?
Mr. Hill. No, sir; I did not, Mr. Belcher. You have never gotten that impression?
Mr. Hill. No sir.
Mr. Belcher. At what time in the afternoon were these warrants placed in your hands?
Mr. Hill. I think it was along about 6 o'clock.
Mr. Belcher. The last regular train on the Chesapeake & Ohio that stopped at Paint Creek Junction was No. 6, leaving Charleston at 4.20?
Mr. Hill. Yes, Some late that night.
Mr. Belcher. You hadn't been told of the fact of the issuance of these warrants until you saw Mr. Morton, had you?
Mr. Hill. Mr. Morton and the prosecuting attorney and myself went up in the squire's office, and the warrants were issued at the instance of the prosecuting attorney, and they were drawn up as a complaint by him, and afterwards changed. The originals will show where his name was scratched out and Mr. Quinn Morton's put in. Mr. Morton then made the complaint on information.
Mr. Belcher. And that you say was about 6 o'clock?
Mr. Hill. I think it was along about 6 o'clock, somewheres. I would not be exactly positive about it.
Mr. Knight. At and before the time of this shooting Gov. Glasscock had been extremely insistent that the civil authorities should undertake to preserve order, and had insisted that you maintain deputy sheriff's in the troubled district, had he not?
Mr. Hill. Yes, sir.
Mr. Knight. You had placed Mr. Trowbridge on Cabin Creek, at Eskdale, and another deputy sheriff on Cabin Creek, at Cabin Creek Junction; Mr. Little, whom you have mentioned, at Paint Creek Junction, and another deputy sheriff up Paint Creek, had you not?
Mr. Hill. I had Mr. Little and Mr. John Cart at Paint Creek and Mr. Trowbridge and Mr. Young and Fleming on Cabin Creek, and Mr. Saxton down at the mouth of Cabin Creek.
Mr. Knight. When you received word that Mucklow had been shot up that day, and word from the doctor that in taking a man to the hospital he and the man had been shot upon, you went up and saw the governor?
Mr. Hill. Yes, sir.
Mr. Knight. And it was agreed, wasn't it, or directed by the governor, that you make an effort to go up and capture those men in Hollygrove who were supposed to have done the shooting?
Mr. Hill. Yes, sir. He said I must go. He made it very plain the prosecuting attorney decided to swear out John Doe warrants and place them in your hands for service, under which you proposed to go up an arrest the men at Hollygrove?
Mr. Hill. Yes sir.
Mr. Knight. Isn't it a fact that the prosecuting attorney afterwards decided that instead of swearing out the warrants himself he would have Mr. Morton swear them out on information, and the prosecuting attorney sent you to get Mr. Morton for that purpose?
Mr. Hill. I think Mr. Morton went with us to the squire's.
Mr. Knight. Do you recollect whether the prosecuting attorney sent you to look Mr. Morton up to get him to swear out the warrants?
Mr. Hill. No, sir; I don't remember.
Mr. Knight. At any rate, the three of you, you and the prosecuting attorney and Mr. Morton, together went to the justice's office, and, at the request of the prosecuting attorney, Mr. Morton swore out the warrants; is that right?
Mr. Hill. Yes, sir. The prosecuting attorney told the governor that he would go with me and the deputy sheriffs when we got up there.
Mr. Knight. The prosecuting attorney had promised to go with you?
Mr. Knight. The prosecuting attorney had promised to go with you?
Mr. Hill. Yes, sir; but after the warrants were sworn out he changed his mind and decided that he would not go.
Mr. Knight. Now, it was your intention to go to Mucklow that night with your posse, and the next day to go down and arrest these men, or did you intend to go that night?
Mr. Hill. My intention was to go to Mucklow, as the information I had gotten from Mr. Lambert, the superintendent, and a number of people - the bookkeeper and storeman and some three or four had talked to me, including the doctor and Little, that they were surrounding Mucklow, and it would be shot up that night or early the next morning, and they wanted protection. My intention was to go next morning, and they wanted protection. My intention was to go to Mucklow that night, and if there was anything like that so far as in our power to protect them, the citizens of Mucklow - and the next morning go down and execute those warrants, down to Hollygrove.
Mr. Knight. Mr. Morton and Mr. McClennahan asked permission to go up on the train with you on account of their property interests on that creek?
Mr. Hill. Yes, sir.
Mr. Knight. Mr. Morton was the head of two companies on the creek and Mr. McClennahan of another?
Mr. Hill. Yes, sir.
Mr. Knight. On the creek above Mucklow?
Mr. Hill. Yes, sir.
Mr. Knight. Now, do you remember, in going up the creek there, seeing a number of women and children at a house, lighted up, below Hollygrove?
Mr. Hill, Yes, sir.
Mr. Knight. Did Mr.Morton call you attention to that?
Mr. Hill/ Nol, sir; he didn't call my attention to it.
Mr. Knight. You saw it yourself, without having your attention called to it?
Mr. Hill. Yes, sir.
Mr. Knight. Do you remember whether any remark was made on the train about the presence of so large a number of women and children at this house at that time.
Mr. Hill. No, sir; I don't remember any such remark. Mr. Knight. you didn't hear it?
Mr. Hill. No, sir.
Mr. Knight. It has been inquired whether any inquiry was made that night as to the effect of the shooting while you were passing through Hollygrove. As a matter of fact, when you got to Mucklow that night everybody was apprehensive that there would be an attack o Mucklow that night, were they not?
Mr. Hilll. Yes, sir.
Mr. Knight. As a matter a fact, no one dared to leave the town and go down to Hollygrove in the dark?
Mr. Hill. No, sir. I think it would have been very dangerous for one or a few men to have gone down there. In fact, the next morning they wanted me to take the men there and go down. That was after this Bull Moose train, as you call it, laid there that night and the next morning it went out, and I think two or three of my men went down to the mouth of the creek with them and came back on the passenger train, and they learned the fact about this woman being shot in the foot, and about the man being shot.
Mr. Knight. As a matter of fact, you didn't deem it safe, with the force you had, to go down there and undertake to execute the warrants in your hands as sheriff?
Mr. Hill. No, sir. I only had eight men-seven men. I sent the chief office deputy back to Charleston that morning to talk to the governor, Gov. Glasscock, and tell him the condition of affairs up there and to inform him that I could get not deem it safe for me to go down and attempt to execute those warrants, that somebody would fire a shot and I would be placed between two marks.
Mr. Knight. Did you ask the governor to supply troops?
Mr. Hill. I did.
Mr. Knight. Now, you remained at Mucklow the next day, an there was general anticipation all day long that an attack would be made, was there not?
Mr. Hill. Yes, sir. That night after the shooting some of my men wanted to walk across the mountain and get away from there. Some that went up with me wanted to walk across to Cabin Creek and get out of there.
Mr. Knight. Some of your deputies?
Mr. Hill. Yes, sir.
Mr. Knight. That thought you were going to be attacked?
Mr. Hill. Yes. sir. thought we would not get out of there without trouble.
Mr. Knight. You have mentioned the fact that when you got to Mucklow the men were threatening to protect themselves if the civil authorities could not protect them. Were those mine guards or miners?
Mr. Hill. A number of them were miners and men of other professions, such as electricians and outside men. Some of them were miners; at least they said they worked in the mines.
Mr. Knight. Then, so far as you know, those statements came from men working in and about the company's mines rather from the guards?
Mr. Hill. Yes, sir.
Mr. Knight. You did not hear any statement of that kind made by Capt. Levy or Capt. Lester or any of the men you knew were guards?
Mr. Hill. No, sir. I don't believe I did. Capt. Lester made some remarks that he thought it was time we were doing something; that if I wasn't going to do anything , to say so, or something along that line. I asked him what did he mean, and he said it was time we were going down there and arrest those men, and that wagon that they had taken this patient to the hospital in, that was fired on, was left a Pratt, and they told me that they needed that wagon and the mules, and demanded protection to get it up there.
Mr. Knight. And you declined to go down and make the arrests or to get the wagon?
Mr. Hill. Yes, sir; I did.
Mr. Knight. Now, in reference to the guns, Mr. Hill, so you remember that before the train left you said to Mr. Morton that you had no difficulty in getting men for your posse, but you had no guns, and Mr. Morton volunteered to get some guns for you?
Mr. Hill. There was something about the guns, but, as I stated a minute ago, I don't remember exactly what that was; but I don't think it was said that way.
Mr. Knight. You knew Mr. Morton was going to undertake to get some guns to put on that train?
Mr. Hill. I knew that there were some guns on the train that, as Mr. Morton said, were going up there for the defense of those women and children and belonged to the company; that is, the coal company.
Mr. Knight. In reference to the men who went out on the mountains in the morning of the next day after the shooting, and one of whom when they came back you thought you heard say something about shooting on Holly Grove-do you know whether those men were guards or armed miners?
Mr. Hill. I don't know what they were.
Mr. Knight. You did not recognize any of them as members of the militia on guard there at the time?
Mr. Hill. No, sir. A number of the men were mixed together, and I did not know any of them except Capt. Lester and Capt. Levy.
Mr. Knight. As a matter of fact, there was a great deal of excitement and terror around that town that night when you got there and all the next day?
Mr. Hill. Yes, sir. The next morning there was a number of armed men came down on the train, and they went back on the next passenger train.
Mr. Knight. I believe that is all, sir.
The Chairman. You can stand aside.
Senator Martine. Just one question. This woman who came in and said she was shot-you spoke of a woman who was shot in the foot-where was she when she was shot?
Mr. Hill. Indeed, I could not tell you.
Senator Martine. She was shot in the foot, or, at least, she evinced the evidence of it, did she?
Mr. Hill. Indeed, I didn't see her.
Senator Martine. Where did you hear of the woman being shot?
Mr. Hill. They told me the next morning. I sent a couple of men down to the river to see what was going on down there; the telephone lines were not working.
Senator Martine. And your men learned that this woman was shot in the foot; is that right?
Mr. Hill. Yes, sir; they said there had been a man killed and a woman shot in the foot.
Senator Martine. They didn't learn where she was when she was shot?
Mr. Hill. No, sir.
Mr. Knight. That is all.