The Birmingham age-herald., 1904-09-18

pdIileS CpHuttlGo WILL Ll1t 1.-THE OL LlG jail The cases will not come under his jurisdiction unless they are appealed from Judge Jones court.
 The rumors of the negro regiment grew out of the arrival of a negro excursion for the Baptist convention, but they nev- ertheless served to incite the people, especially those who are very decided in their southern sentiment. As soon as the rumors were denied everything quieted down again.
 Brown Forwards Report.
 Capt. Lucian c. Brown tonight for warded his report to Governor Cunning ham covering the actions of himself and command since the day 1t was ordered to leave Birmin sham. Ills report was not made public nor would he give out any part of it. He. however, stated that today he asked Governor Cunningham for thirty more men and an officer to assist him in any way necessary here and re- lieve the men of the present company from such heavy guard duty.
 About fifteen men of the company here are needed badly in Birmingham, and their employers are constantly telegraph ing for them. The other fifteen asked for by Captain Brown will increase the force here to seventy-five men and officers, and will make it possible to relieve the guards and pickets frequently enough to allow the men to get unbroken rest Since the company arrived the men have been on almost constant duty, and every night they have slept but little, and then on their arms. The men have as yet not had an opportunity to change cloth Ing, and practically none of them have even change of clothing with them.
 Captain Brown also stated that he had asked the governor In case soldiers were kept here for any length of time, to send wall tents to take the place of the dog tents now in use, as these afford insuf- hcient shelter for the men if they were here any length of time. As yet it is impossible to tell how long the soldiers will be kept here, as Judge Speake de- sires them to stay here as long as there Is any chance of their being needed.
 Deputy Alone Guards Higgins.
 Today Higgins, the hotel man, was car- ried from jail to the court house by a deputy sheriff alone.
 The guard of soldiers was dispensed with on suggestion of Judge Speake. Cap tain Brown refused to stand responsible for the prisoner until returned to jail.
 Forecast of Courts Finding.
 When the court of inquiry meets here to place the responsibility for the failure to protect Horace Naples from the mob of September it Is going to find that each person who had any authority at all is going to shift the blame to another There are three people who have been censured in connection with the failure to act, and the court will have to hear A great deal of evidence before it will be in position to render finding
 Without having interviewed any of the three men, who are Sheriff Rogers, Cap tain Hay of the local military company, and Mayor T. w. Smith, and judging only from the facts which may be secured from talking to half hundred people, brief outline of what the court of Inquiry is apt to learn might be of interest.
 Might lave Been Prevented.
 In the first place the court will find that the people of Huntsville generally &C., knowledge that the lynching might nave been prevented by ten determined men, well armed and that with anything like system and determination the jail could have easily been protected and the pris- oner might have met the justice he de- served through the regular channels of law.
 Support was not accorded the sheriff from sources where he had right to ex- pect 1t. For instance, the mayor had un- der him nine policemen. well armed whom he had promised the sheriff, accord ing to the general information, but who never came. Likewise the local military detail was expected to be much stronger than 1t was, and the sheriff had a right to expect that 1t would be more effec- tive.
 On the other hand, while the sheriff was disappointed to somo extent, still with the force at his command, had he been more determined, 1t is believed that he would have held the jail and also pre- vented the mob from setting fire to it and running himself and the few soldiers he had out of the building
 Should Have Stood His Ground.
 It Is also believed that the sheriff should have stuck to his post to the very last, and not have practically surrendered by delivering his keys to the jailer and leaving the jail. It was in this way that the mob got hold of the negro, as he was released and escaped through a window in the residence portion of the jail. The court will probably on personal investi- gation find that the jail could have been held against much larger mob with not more than two men, with loaded rifles and instructions to shoot, placed on each side of the four sides of the jail, and in- side
 At the front and side entrances the men would have had position of advantage on the stair case, and might have easily prevented the mob from entering
 Again the sheriff is censured to some extent for his failure To instruct the troops to fire. Governor Cunningham's message to Captain Hay was to place himself under command of the sheriff and to do what he could to prevent the pris- oner from being captured. The soldiers are unanimous in stating that they would have fired had they been ordered to do so, but that they were instructed to re- tire upstairs and were not allowed to make a determined stand after their lines had been rushed.
 The Captains Position.
 Still further than that there are not few who are inclined to think that Captain Hay should have taken the mat ter in hand when he saw that the sheriff hesitated and ordered his men to shoot. These argue that he was there for the purpose of protecting the prisoners. and that he should have done so in any event.
 Friends of Captain Hay take another view of the matter and hold that he should have remained inside his instruc- tions, as he did, and not fire on the mob. They hold that otherwise he would