The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-27


DR.. Gray-"Any further ques tions
from the jury or lawyers?"
Mr. Miller-"With eference, to the
question which was asked yesterday;
that is. whether from the conduct of the
crowd in front of the jail and on the
west Of the jail you could distinguish
between orderly citizens and the mob?"
Capt. Bird-ANo, sir; 1 could not.
| considered the mob citizens until they
broke the picket lines. When they
broke through the lines and came up in
front OF the Jail and on the west side Of
the jail, l considered them the mob.
IsThere was no way to distinguish them
rom their actions
Mr.. Smith-"How long, Captain Bird,
after the Jail was attacked did the fir
ing commence, that is after the batter.
ing commenced on the west side of the
jail at the Jail door,"
Captain Bird-"Well, the only way 1
could judge that would be by what did
during that time. I would say in not
less than ten minutes"
Mr. Smith-"Could you say what thew
used to beat the door with?'
Captain Bird-"I thought they had q
ram or some sort of large piece Of
wood. ] could not say what they had
In their hands to pound upon the door.
The pounding was considerable. I
surely thought that they had succeeded
in breaking the door and I expected to
got there and see the door broken in.
Question-"Did you give the order to
fre?"
Captain Bird-"I considered it my
duty to give the order to fire."
Question-"As 1 understand, you
we're the one giving the order to the
squad2"
Captain Biri-"I was"
Question-'I thought you gave the
order, Ready, aim in loud voice?"
Captain Bird-"I did. l gave the
order to fire in a low voice. My idea
was not to give the order to fire out in
front, as 1 did not wish to give general
order"
Question-"Did you ever give any
general order to fire?"
Captain Blrd-"I did not. The only
general order I gave was to cease fir
ing after l came in"
Mr.. Williams ibid YOU know
whether or not the other squad had
fred?"
Captain Bird-'No, sir; did not
know. saw shots I supposed that
they fired. / have nothing to prove
that they did fire. | did not see the
empty shells My impression is that
they did fire. There were men thoro
that had the authority to give the
ordcr.H
Quostion-"Was there any one else
there to give orders "
Captain Bird-"Yes; Lieutenant Moss,
Colonel Pole or Mayor Trout all had the
authority to fire. l considered them
capable to take care Of the front"
Mr.. Gray-"You gave no order your
self to the front squad?"
CAPTAIN Bird-uI did not -
Ouestion-"You said citizens, after
the firing was over, came to you and
requested you to leave the jail?''
Captain Bird said they begged me
to leave. They just simply gave ad-
vice"
Question-"You also said that you
considered all the people that had sur
rounded the Jail as the mob?"
Captain Bird-"Yes, SIR"
any Of the citizens you speak of were
with these people?
Capt. Bird don't know. NY
understanding was that these citizens
came up with the crowd that had
gathered My men had orders not to
allow Thorn to pass. There were men
in the mob that had attempted to come
in the Jail and I warned them
that if they did l would surely shoot.
Question by Mr.. WILLIAMSBURG you
think that such man as Mr.. Wick was
connected with the mob?
Capt. Bird-"I do not know Mr..
Wick.
Question-sI would like to ask
whether you had any orders to fire from
Mayor Trout?
Capt. Bird-"I did not consider it
necessary to have further ORDERS"
Question-"Is there anything in the
code saying that any orders would have
to be written out to require fringe
Captain Bird-"Mr. Hardaway can
answer that question better than, can.
My orders were to protect the prisoner
at my peril; further than that looked
to no one for my orders to fire "
DR.. Gray here recalled to the jury the
testimony in the beginning of the in
vestigation to the effect that Captain
Bird declined to obey the order until it
was signed by two witnesses. fter this
had been done it was entirely legiti-
mate, and the order placed in the hands
OF the captain, it was in the power of
the latter entirely to carry out.
Captain Bird then stated that in his
statement he explained that he did not
look the order oger until ready TO leave
the arnory for the jail. After looking
the order over" he said, 81 saw it was
not witnessed. sent Lieutenant Moss
to police headquarters to find Mayor
Trout and get the order witnessed. The
order was put in proper form and then
moved"
Mr.. Williams asked-"Have you the
order?"
Captain Bird-"The authorities have
it. You understand that have to
make my report to the colonel and he to
the briRidier general and he TO tha al.