The Montgomery advertiser., 1904-09-27
. Terms Used by Court of
 Inquiry.
 -. WILL BE MUSTERED OUT  Officers Report on Its Failure
 to Protect Jail. Lieutenant Stewart Only One Who Knew Anything of Law-Coionei Brandon to Take Charge
 of Arms.
WILL BE MUSTERED OUT

The Huntsville military company, Company "F," 3rd infantry, Alabama National Guard, was pronounced worthless and inefficient" by the mili tary court of inquiry. which investi- gated the commands lamentable show ing in the f1asco at Huntsville when the company failed to protect the life of Horace Naples, a negro murderer from a mob
 The court in It's report to Governor Cunningham, which was made public yesterday. recommended that the com pany be mustered out of the National Guard Governor Cunningham took immediate action upon the recommen- dation3 of the report. As soon as he had read 1t he directed the issuance of a muster out order by the Adjutant- General.
 Adjutant General w W. Brandon will himself muster the company out and take from 1t It's arms and stores on the night of October 4. in Huntsville. The court did not recommend that any of the officers should be courtmar tialed or that any action should be taken beyond the muster out of the command. The officers evidently held that the wisest course was to get rid of the company as soon as possible. and put an end to a bad matter
 The court of inquiry. which was com posed of Col. T. S. Frazer of the Gov ernor's stan, Capt E. D Smith of the 1st Artillery. and Capt. W. J. Walden of the 1st Infantry. found that the conduct of the company on the night that Naples was lynched was discour- aging and disheartening to those who had the welfare of the Alabama Ma tionsl Guard at heart.
 Due to Poor Officers.
 They found. however, that the dis. creditable showing made by the com pany was due not SO much to the rank and file as to the commissioned officers. The jailer testified that several mem bers of the company hid under the bed and in the closet In his room while the mob was attacking the jail. but this testimony was denied by all other wit uesses. Every other member of the company testified that no one hid un- der the bed or in the closet
 ' The evidence showed conclusively that Capt. R. l.. Hay. who was in command of the company, utterly failed to act on his own initiative and that he failed In every way to take such action as he might have done to pre- serve the prestige of his men and of the National Guard of the State.
 Captain Hay reported to Sheriff Rog CTS. and throughout the entire unfor- tunate affair he was content to abidA by the orders of the sheriff, who made no effort to beat back the mob. The testimony before the court showed a conflict in the testimony of Captain Hay and Sheriff Rogers. Captain Hay testified that he had repeatedly asked the sheriff for permission to fire and that the sheriff had ordered him not to do so. The testimony showed that d man in the company had requested per '. &R h the door upon which the mob was ham mering. and that the sheriff had re fused the permission.
 The most striking feature of the find ings of the court was its statement of what occurred after the military had retired from the Jail Members of the mob assaulted. cursed and beat the sol diers as they tried to march away from the jail, The military formation of the company was broken and the men were scattered by the members of the mob who were beating them.
 Military Was Overawed.
 IL was shown that the sentry lines a hundred yards distant from the jail. were rushed and thst Captain Hay, all though 1t was evident that sooner or later the sentinels would be rushed back, had made no preparations for the crucial moment. It was shown that the men had no orders to load their guns. It was shown that the military retired within the jail and that rocks were thrown in at them. Captain Hay was. himself. wounded by the pieces of glass from shivered window Without fir ing or even loading, the men of the company stood in the jail the subjects of attacks by the mob not only with rocks but with firearms. for the sound of firing without the jail was ire quently heard. The mob then smoked the unaggressive soldiers out with a fire built within the jail.
 The redeeming feature of the conduct of the military was the way in which Second Lieutenant Stewart bore him. self The court took occasion to com mend him for his conduct and to say that he had better understanding of his duty than any other commissioned officer of the company The court found that the military force and arms were entirely adequate to have domi- mated the situation had they been in tellisently and courageously oficered.
 In addition to its recommendation for the muster-out of the company the court recommended to the Governor that every commissioned officer be re- quired to read the military law of the State which defines his duty when he Is ordered out to report to civil off, cer This section of the code gives the officer latitude and discretion in the carrying out of his orders which will empower him to attain the object of his service and preserve the prestige of his command even though the civil officer should be vacillating and weak
 Adtutant General Brandon Is now en- gagged In the preparation of a compil- ation of the military laws of the State. This compilation will be published and distributed among the officers of the Alabama National Guard of the State.
 Finding of the Court.
 The report of the Court of Inquiry was preceded by the testimony taken by the court, the substance of which has been already published in The Ad- vertiser.
 The full report is as follows:
 Upon the above evidence we report as follows to wit:
 q. The facts are. that on September T. 1900, at about p. m, Company F. Sd Infantry. Alabama National Guard was ordered into service by the Circuit Judge through Sheriff Rodgers of Mad ison County. That this company re- ported to the Sheriff at the iail in