Page:Federal Reporter, 1st Series, Volume 5.djvu/709

 THE MOSSEL SLOOGH CASE, 697 �(iiately after or soon after the firing ceased, McQuiddy and another party of settlers cornes upon the ground. The mar- shal immediately meets him. McQuiddy infprms him at onpe that he muet leave — ogives, him a paper and tells him to take it and leave. That is the testimony of the marshal, and it is net contradicted. The marshal undertook to read it, but McQuiddy was so impatient that he would not even give him time to read it, according to the testimçny, if you believe it to be true, and I believe there is no contradiction of that testimony; if there is you will recoUect it. McQuiddy's action shows for itself that he at least cpntemplated resistance. He was grand master of the organization. This paper was pre- pared in advance. It is addressed to the ¥nitëd States mar- shal. It ^as delivered to him. The marshal had a right to presume it was intended for him, and that it meant what it said. It showed that this trouble or spme other trouble had been anticipated, and preparation had been made for it by some action taken prior to their coming upon the ground It • is addressed "To the United States marshal," and ïeads as follows: "Sir, we understand that you hold writs of ejeot- ment issued against the settlers of Tulare and Fresno counties, for the purpose of putting the Southern Pacific Eailroad in possession of our lands. " Whoever wrote this, and McQuiddy adopted it because he presented it, if you believe the testi- mony, was aware of the fact that the marshal held writs, and that he was there for the purpose of executing them, and it was addressed to him in view of that fact. After stating their equitiesagain it proceeds: "We hereby notify you"— • you, the United States marshal — "that we have had no, chance to present our equities, etc., and that we have, there- fore, determined that we zciiZ not leave our homes unless forced to do fo by superior force; in other words, it îcill requirean army ofat least a thousand good soMiers against the local forces that we can rally for self-defence; and we f urther expect the moral support of the good, law-abiding citizens of the United States sufficient to resist ail force that can be brovght to bear to per- petuate such an outrage." Now,.this is McQuiddy's declara- tion to the marshal, upon the ground, in this document. ����