ad been given to clear the room. I made no reply to remark. I
thought it was uncalled for. I missed Mr. Wright and Mr. Davis about the
same time. I did not see him go out. I was near the prisoner. I saw a
tallish man whisper in the prisoner's ear during the hearing. The
prisoner then took off his coat, and rolled up his shirt sleeves, and
adjust his neckerchief and look kind of fierce. It was a white man that
whispered to the prisoner. Mr. Davis might have been gone a minute
before the rush was made to break in.

_Cross examined by Mr. Davis._ I don't know that your remark was, "this
is damned dirty business for you to be in." My impression is that you
did not qualify it. I did not consider it mean business. I thought it
was legal business. I don't know that what you had said was the
conclusion of a conversation that you had been having with Mr. Byrnes,
and I don't recollect that the remark was, "Well, then, you ought to
have your throats cut." Mr. Byrnes was near, and so were others of the
counsel with you. There was a Mr. Morris, or Morrison, with them.

_Mr. Davis._ What Mr. Morris?

_Sawin._ That one! (pointing to Mr. Morris, who was in the bar) The
little darkey lawyer!

_The Commissioner._ Mr. Morris is a member of the bar, and entitled to
be spoken of with respect, as much as the white lawyers who were engaged
in the case.

_Sawin._ I meant no disrespect. I only used the expression for the
purpose of designating the man.

_Mr. Dean._ The remark seems to amuse the district attorney.

_Mr. Lunt._ I cannot always control my muscles.

_Sawin._ (To Mr. Davis.) Have known you four or five years--never told
you I was Deputy Marshal. Have given you business--considered the remark
not unfriendly--didn't think much of it. The man was arrested in his
apron and shirt sleeves--coat was afterwards brought in--don't know that
he put his coat on again before the rescue. Heard Mr. Riley say to him,
"Now, pretty soon, we'll have dinner." This was about the time you went
out--thought you were counsel all the time.

_Fred. D. Byrnes._ Am a Deputy Marshal. Saw Davis in room on Saturday
sometime while proceedings were going on. The first thing I heard Mr.
Davis say, was "Damn mean business." The prisoner was in the bar. Mr.
Sawin was on one side of the prisoner, and Mr. Clark on the other. Mr.
Davis was within two feet of the prisoner, and I was near Mr. Davis.
This was before the adjournment. Afterwards, near the rail on th