Page:Federal Reporter, 1st Series, Volume 5.djvu/701

 THK MUSSBL BLOUGH CASE. 689 �ons, saying that he would go down and meet them. The mar- shal testifies, and it is not contradicted, that he went down to meet them some 50 or 60 yards from where he had left these parties sitting in the wagon side hy aide together, Crow and Hart in one wagon and Clark in the other. He says he spoke first to these parties and said: "Good morning, gen- tlemen." A conversation imràediately was entered into. He says he tbld them that he Wàs the United States marshal; that they expressed to him the faet that they were aware of that fact. He says, and he repeats it upon several occasions, that they told him he could not execute that writ. They in- timated that they had knowledge of the fact that he was there with a vmt to execute, and he says they told him he could not execute that writ; that he told them they were "too f ast, " and undertook to read the writ, but they told him there was no use of reading the writ at ail ; that they Understood ît and did not want to hear the writ; that he put it up; that then immediately several pistols were drawn upon him, and they demanded that he should surrender his arms and direoted him to consider himself a prisoner, one ordering him to sur- render his arms upon peril of his life. He testified that he should judge at least half a dozen pistols were drawn upon him; that he heard the clicking of the locks as they were cocked ; that they demanded that he surrender his arms, and directed him to consider himself a prisoner. That is sub- stantially the whole of the conversation which is related on that occasion. �Now, the testimony of Wilbur Doyle confirms that to a certain extent; the testimony of Clark and of the others, including the defendants, confirms it to a certain extent, with the exception that the defendants themselves, some of them, attempt to mitigate the expression; but they admit that the marshal was ordered to surrender his arms, and to consider himself their prisoner, and admit that there was one ot more pistols drawn. Some of them say they only saw one. Thb marshal, however, said he saw, he thinks, at least half a dozen. �Now, gentlemen, that is not the language and those are �v.5,no.8 — 44 ����