The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-16
Huntsville Soldiers Must Answer
for Conduct
WILL CONVENE SEPTEMBER 19
Birmingham Military Company Is Sent
to Huntsville only After Confer
ence With Judge Paul
epeake.
BY HERvEY w. LAIRD.


Montgomery, September 16.-(Special.)-
Acting Governor Cunningham has order
ed Capt Lucian C. Brown of Company
*, Third regiment, Alabama National
Guard. with his company and detach-
ment from Company G of the same COM
mand, to proceed to Huntsville at once
and prevent the rescue o. any men who
may be indicted and arrested as mem
hers of the mob which lynched Horace
Naples on the night of September Z, these
soldiers are from Birmingham, and left
that city at noon today for the destina-
ton indicated.
The governor has ordered a court of in
nuiry to assemble and investigate the part
taken by the military ON the night of the
lynching of Naples. This court will be
composed of Col. T. S. Frazer of Union
Springs, member of the governors staff, !,
Capt. Edward D. Smith, commanding the
Brandon Light Artillery, Birmingham.
and Capt. w. J. Walden commanding
company L, First regiment at Uniontown.
Ever since the announcement on yester-
day that certain citizens of Huntsville
had been indicted as participants in the
lynching of Horace Naples on the night
of September 7, Acting Governor Cunning
ham has been in communication with
Judge Paul Speake, out of whose court
the indictments were returned. 1t very
soon developed, as a result of these con-
sultations that there was a possibility of
attempts being made to rescue men ar
rested and sent to jail on these charges
and the governor and Judge Speake both
agreed that it would be well to have an
adequate military force at hand to pre-
vent anything like this if 1t should be-
attempted.
Having made up his mind to send the
soldiers to Huntsville the governor tele-
phoned Capt. L. c, Brown of Company
X, Birmingham. early this morning noti-
Tying him to get his men together with
a detachment from Company G at the
same city, and be prepared to move at
once. Captain Brown was not informed at
the beginning where he was expected to
so. In very short time the governor
received word from Birmingham that
Captain Brown and his forces were ready
to move with 60 men.
Report to Speake.
The military commander was instructed
to report to the Hon. Paul Speake Judge
of the Sixteenth circuit. The understand
Ing is that the soldiers are to serve as
guards to prevent the rescue of any of
the men indicted arrested and confined
i'll Jail, and to preserve order and per-
form other such duties as might be ex-
pected of them under such circumstances
The authority for the court of inquiry is
found in section 8 of an act ITO amend
sections 2, u and Is of an act entitled an
act to regulate the volunteer military
forces of the state of Alabama approved
February %, 1899, and to add thereto Sec
tions 30 81 and 49,, approved September
80, 1908.
The Military Court.
Col. T. S. Frazer, selected as president
of the court. is a resident of Union Springs
and well-known attorney. He is at pres
ent a member of the state senate, and
has held a number of important civil
places. His military position is that of
colonel on the governors staff, and he
is fully Informed as to the duties which
will be required of him.
Capt. Edward d. Smith will be the
young man of the court He is only a
few years past his majority, yet is re-
garded as one of the most promising
young lawyers of the state. He holds the
responsible position of city attorney of
Birmingham, and has made a great Sue
tillery.
Capt. w. J. Walden is probably the most
widely experienced military man selected.
ii was in command of company in the
Spanish-American war, serving later in
the regular army in the Philippines and
performed his duties so we'll as to be
specially mentioned on several occasions
by the commanding officer of the army in
the orient. He has actively engaged in the
Alabama National Guard for several years
and has added much to it's excellence
and efficiency.
The instructions of the governor to the
court of inquiry are that 1t ascertain and
report the facts together with their recon-
mendations in reference TO the conduct
of the officers and men composing Com
pany F. Third regiment. Alabama Ma
tional Guard on the occasion of the at
tack upon the jail by a mob, which re-
suited In the killing of Horace Naples at
Huntsville on the night of the 7th inst.
Such court will convene at Huntsville on
Monday, the 18th inst. and enter upon
the discharge of it's duties'
This order was promulgated in the reg
ular way issuing from the office of the
adjutant general. by command of the gov
ernor.
Hay Has Reported.
1t is a significant fact that the governor
has ordered the court of inquiry in the
race OIL the 1dct tndt captain Hay who
was in command of the military at the
time the negro was lynched has sent in a
report of his connection with the trouble
This came to the office of the governor
this afternoon but was not made public
IT is also a fact that the report of Sheriff
Rogers in the same connection, received
few days ago, has also not been made
public. When asked today IL he would
not give out the gist of the reports from
tfasa tuo offioials Acting Governor C11n-
ningham replied that he could not. Meth
er would he say why he could not.
1t should be remembered that Captain
Hay and his men under the orders Of
the sheriff by direct command of the
governor. who stipulated when they were
called out. that this was to be the case
This order reached the captain. however,
after they had reported to the sheriff for
duty. Notwithstanding he has ordered
an investigation of the actions of the
soldiers Governor Cunningham said this
afternoon that he hoped the public would