The Savannah morning news., 1904-10-13
CAPT. HITCH To
BE REPRIMANDED
FINDING OF CoURT-MARTIAL.
REASONABLY CERTAIN THAT THIS
WILL BE THE RECOMMENDATION


the Courts Sittings, but There
Was Some Objection InterpOsed.
Lieut.. Nell on Trial and state
Still Has the Stand-Wi1 Try to
show That He Was Needed at
Cnmp-One Witness Claimed Lieut..
Nell Could Have Seen Mob Pass
His Detachment of Soldiers.
Though the court-martial will, of
course, not make public its findings in
the case of Capt. r. M. Hitch, the
extent of the finding is reasonably GER
tain.
Capt Hitch has not been recon-
mended for dismissal from the service,
but instead will be reprimanded in a
public manner by the Governor. 1t is
possible that a temporary suspension
has also been recommended.
The limit of punishment which can
be inflicted by a court-martial's rec
ommendation is to dismiss from the
service, fine $1,000 and a prison sem
tence of a years duration.
There were some who thought that
Capt. Hitch had made such an excel
lent showing on the stand the day be-
fore that he would not even be repri-
manded. The charges were mostly err
rors of judgment and the defendant
had showed that he was actively engag
ed until his seizure in taking measures
to keep off the mob.
Others were prone to judge the ma
ture of the verdict by the results of
the Statesboro affair, while a third
class looked for a middle course SINH
lar to that which the court evidently
took.
DeIiberated Four Hours.
In arriving at it's findings the court
martial deliberated for more than four
hours yesterday morning and after
noon behind closed doors. Each of the
charges and specifications were dis
cussed at length and a vote taken on
each one, and on the case as a whole.
The finding can be changed in any
way before being transmitted to the
adjutant general.
At the conclusion of the sitting of the
court-martial in Savannah the find
ings in all of the cases will be trans
mitted to the adjutant general with
the recommendations thereon.
Lieut.. MeII's Defense.
From the evidence brought out in
the trial of Lieut. Nell yesterday after
noon before the court-martial it was
apparent that the defense would be in
part that his stay at the camp was
perfectly proper, and that he was
Junior to two other officers there. Only
a portion of the testimony for the state
was heard. The case will be concluded
at this mornings session. The case
against DR.. Morrison viii then be
taken up.
Lieut.. Nell is charged with failing
to send soldiers TO the aid of Capt.
Hitch, though knowing that the rein
forcements were sorely needed; with
failing to intercept the mob as they
were leaving the Court House with the
prisoners, and with discOuraging Lieut..
McIntire IN his plans to pursue the
mob, even after the camp was reached.
Finding Could BE Deferred.
Following the calling of the court
martial to order yesterday morning by
Col. Clifford Anderson, the opinion of
Col. Napier, the judge advocate, as to
the legality of delaying the finding of
the court in the case of Capt. r. NJ
Hitch until after the hearing of evil
dence in all of the cases to be tried,
was given.
Col. Napier was of the opinion that
such a course would be legal, though
there was no direct precedent. Au-
thorities were cited to show that there
was no question but that the court
could change either the findings or
sentence at any time before transmit
ting them to the reviewing power. If
the court could modify, it could post
pone, reasoned the judge advocate. He
thought it might expedite matters to
have the findings in all of the cases
made at once.
The matter was referred to counsel
for the defendant. Col. Toomer was
agreeable to the proposition to delay
the finding until later. Mr.. u. c. Bar
row thought that at the close of each
case a new court was constituted for
the next trial and that the finding
could not be delayed.
In Secret Session.
After further elaboration the court
decided to prepare its finding at once
The hall being more convenient than
the room heretofore used by the court
for conference, it was ordered that 1t
be cleared for the use of the court in
executive session. At 2 o'clock an ad-
journment was taken for dinner. Re-
assembling at o'clock, the finding was
considered for three quarters of an
hour, Col Napier being called in at
the close.
Trial of Lieut.. Nell.
When the doors were opened no
mention was made of the finding of
the court. The case against First
Lieut.. q. A. Nell was taken up. The
court, the judge and the stenographers
were sworn as in the former trial. The
charges and specifications were read
and general denial entered by Mr..
j.. 9. Barrow. as attorney for Lieut..
Nell. 1t was agreed that any part of
the evidence in the case of Capt. Hitch
that could be used should be admitted
from the transcript.
Capt Hitch was the first wit
ness examined. A part of his evidence
of the previous day in his own behalf
was reviewed. When the rioting began
there were perhaps nine prisoners in
the jail Witness thought he was
bound TO guard these prisoners as well,
as they were arrested in connection
with the Hodges murder. He did not
expect to leave Jail unguarded, and
would not have been justified in with
drawing all of his forces from the
camp, which was practically the Jail
itself lie aid not know OF any efforts
TO lynch any of the other prisoners.
Corpl. Nell Conley was the next
witness. lie took a message to Lieut..
Nell from Cant. Hitch for reinforce
ments. The position of Lieut.. Nell and
his detail was located by photographs.
When he came out of the Court House
after the prisoners were taken, he saw
Lieut.. Nell and a detachment of men
between the Court House and camp.
Mob Could lie seen.