Page:Federal Reporter, 1st Series, Volume 3.djvu/134

 STATE ». POBT. 127 �trying to find. Two of the defendants in this case were of the party of Hendrix, and the facts of these assaults were communicated by him officially to the of&ce of the oollector, and peraonally to the defendant Port. The reputation of the Eed Oak neighborhood for violent resistance to the revenue law of&cers was known to the defendants. On this occasion the defendants each carried a breech-loading carbine, and had a supply of loaded cartridges. During the night of June 23d, and before the day of June the 24th, Port and his posse had found and destroyed three distilleries, and before 13 clock of June 24th two more, ail within three miles of Eed Oak station. �When halting for rest, after daylight, a party of three or four armed men were seen in the vicinity of the revenue posse, one of whom dropped down behind a tree. Among them was Jones, the deceased. They attracted the attention of the rev- enue officers, who ail sprang to their feet, and the men ran away. Whenever a hait was made during the day the reve- nue posse put out pickets to guard against surprise and at- tack. About 2 o'clock p. m. of June 24th the defendants were proceeding along a public road in the direction of a still near Trimble's mill, of which they had heard, and which it was their purpose to seize. The road was bordered on both aides with woods and underbrush. At a bend in the road the revenue party suddenly met five men, ail armed, who leveled their guns upon them. One of them was Jones, the deceased, another Eatteree, the third Koss, and the other two unknown. Eoss, who was a little in advance of the others, was taken Into custody and told to corne along with the revenue party, and if found ail right he would be set at liberty. He was disarmed. The other four men ran into the woods and disap- peared, and as the revenue party advanced along the road opened fire from ambush on them. The guns of the revenue men were at this time empty, by the orders of Port, the offi- cer in charge. They at once loaded and returned the fire, shooting rather at random at the spots where they saw the smoke of their assailants' guns. After the firing had eeased the revenue men proceeded on their way, and had advanced ����