The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-10-14

Savannah. Ga, Oct. 1.-THE court
martial trial OF Captain r. NJ. Hitch
vas resumed today. The first witness
was Lieutenant Cone. of S~tatesboro.
who was on duty, with his command
when Captain Hitch arrived. He said
the guns Of his men were loaded when
Captain Hitch arrived. but that the
Captain ordered them to be unloaded.
II. P. Guerrant a local newspape
man gave testimony as to the remark
Of Judge Daley when sentencing the
negroes. He sal that the tenor of
the judges utterances was to keep
down strife.
Sheriff j. Z. Kendrick. Of Bulioch
county, who with the military was
responsible for the safety of the pris-
oners. was the most important witness
Of the morning. 1t was he who was
ordered by the judge to arrest h :ead-
erS OF he mob, but whose force was
not large enough to enable him to DO
so, and who also was told by Judge
Daley that Captain Hitch was in
charge of the situation. He repeated
his story that when he ruShed in FOR
the prisoners it was to AXE them
through the scuttle hole to the roof
and save them. Counsel for Captain
Hitch questioned the witness closely
about his cooperation with the militia,
He said that the militia id not always
cooperate with him..
The first witness today in the court
martial of Captain H. NJ. Hitch and
militia officers in connection with the
lynch!ng and burning of two negro
prisoners vas sergeant R. NJ. Thomp-
son. He testified to the delivery O.
the prisoners by the sheriff. He esti-
mated the mob at between 1,5O0 and
1000. He saw about 10 pistols. He rec
osnized Landram George as a leader OF
the mob and saw him place the moose
around Cato's neck.
Private A. G.. Lufboro testified thar
Albert Hendricks, deputy sheriff. d.
rected the mob. He saw him leave AMI
return with the mob.
Captain Hitch began his statement.
He was on h stand three and a half
hours and went into the history of me
hour Of duty infinitely.
He emphasized tina he mad, he be-
lieved, discharged his duty according
to the best of his ability under the cir
cumStanceS. He said he had been in
full control of the situation until the
time he was betrayed and
ed by the Sheriff's deputy. Under SINH
lar circumstances and having conf
dence in the good faith of the civil au-
thorities. he could n o see any way
clear to acting in any different manne
from that which characterized his con-
Quoted at Statesboro. Captain Hitch
asserted he had no apology to offer for
his conduct, being firmly grounded in
the belief that he had discharged mis-
full duty as a soldier.
AT the evening session of the court
martial, Colonel Toomer, counsel for
Captain Hitch, made a forceful argu-
: ment On the line that Captain Hitch
had obeyed instructions as far as lay
in human power and that he failed to
protect the prisoners only because he
had been betrayed and forcibly over
powered.
P! Judge Advocate Napier made a pow
erful pla for the majesty Of the law
and in defense of the dignity of the
! militia. He was listened to with the
J greatest interest. At the conclusion of
his argument, the court requested him
to Civ an opinion as to whether a
finding in Captain Hitch's case could
be held up until the other cases had
been heard. He will deliver his opin-
ion on his point OF the converting of
u tomorrow.