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and the jail was the fit and proper place for the said Miller; and even the iron cage if necessary for his safe keeping, and a different course than this persued by Dr. Hunsaker would have been unbecoming that of an officer of the United States government.

III.  All the acts, orders, commands and sayings of Dr. Hunsaker, from the first to the last of the disturbance, showed beyond doubt that his sole object was to discharge his duty, which he would have done had not a portion of the citizens armed themselves and by firing on a part of his guard, and by threats intimidating his guard rescued the said Miller while a prisoner.

IV.  The acts of a portion of the citizens in overawing the guard, threats, arming and firing on part of them and rescuing Miller fully authorized Dr. Hunsaker in disarming citizens and even to press horses for the purpose of carrying out his orders --

V.    I submit, that the origin of the disturbance was caused by the drunken acts of J.C. Miller and his threats; and it was augmented to its importance by those citizens who backed Miller in his unlawful resistance of the legitimate orders of Dr. Hunsaker ----