The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-21
Sheriff Rodgers Goes on Stand
Before Court Of Inquiry
al Huntsville
COURT ADJOURNS SUBJECT
TO CALL OF PRESIDENT
Scope of Investigation Includes Eff
cheney of Military as Well as
Conduct on Particular
Night of Lynching.
BY FRANK 4. BELL.

BY FRANK Il. BELL.
Huntsville. September 2O-(Special.)-
The court of Inquiry investigating the
conduct and efficiency of the officers
and privates of company "Fv' third reg
lment Alabama national guard and spe-
cially in regard to the conduct of the
company on the night of September 7,
when Horace Naples was lynched. finish
ed hearing the evidence this afternoon
and adjourned subject to the call of the
president Col Tom S. Frazier, chief of
engineers of the staff of the governor.
The court will begin going over the
testimony tonight to decide what the
award will be. 1t is expected that the
report of the court will be made to-
morrow night. and will be sealed re-
port to the governor. 1t is expected that
the court will have short session some
time today to gather a little more evi-
dence or to secure more perfect evidence
Of certain points.
Soldiers Under the Bed.
The startling evidence to day was the
testimony of Jailor Giles that several
members of the company hid under the
bed III his room while the mob was at
taclxing the Jail and also that some Oh
them hid themselves in a closet connected
to the Jail. He is unable to give the
names of any lof the soldiers whorl he
swears went into hiding as it was TOO
dark in the room to identify Them
President Frazer during the morning,
Informed the counsel for the defense
that the scope of the court included an
Investigation of the efficienc- of the Of
hcers as well as into the actions of the
company on the night of the lynching.
and that this was the first court of the
kind ever held in the state. He said he
hoped a report on the efficiency of the
officers would result in the betterment of
the National guard and that if the Of
fcers were found inefficient he hoped it
would lead to steps to improve the class
of the officers.
Spectators Are Surprised.
1nis was somewhat of a surprise to the
spectators and to the counsel as@ft was
generally thought that the court was
merely confning itself to the facts of
that night and that its report would not
deal much with the general efficiency Of
the officers.
Judging from the evidence the disputed
question is still whether the sheriff was
actually in command or whether he turn
ed the command over to Captain Hay
The sheriff's testimony was that he said
to Lieutenant Hay in the presence Of
Captain Hay: II want you to protect the
jail and hold prisoner" thus virtually
placing him in command and leaving it
to his own judgment as to what steps
to pursue. Both Lieutenant Hay and
Captain Hay deny that any such instruc-
tons were given to them. The evidence
today also shows that the soldiers were
ordered not to load their guns until they
received further orders, and that the in
structions to the sentries were merely
to hold the mob back.
AS was forecasted in the Age-Herald
both the military and the sheriff are
attempting to shift the responsibility by
this evidence and it is going to be a hard
matter to decide who was actually in
command the evidence has shown a lack
of discipline, judgment and actual effort
to hold the jail and experts have testified
that the jail could have easily been held
by the soldiers had they been allowed to
fire.
Sheriff In Command.
the question who was in command, the
sheriff for the captain and 1t is thought
that the court believes that the sheriff
was in command. 1t is also believed
that the court, looking at the matter
from a military standpoint, believes that
Captain Hay did have authority to order
the soldiers to shoo,, and tha. he was
as much responsible as the sheriff for
the taking of the prisoner.
This baspd on fhe pepera1 raaeon
for their being called out The ques-
tions are asked: For what was the COM
pany ordered out if not to protect the
jaii and prisoner? What is an officer for
except to take command of situation
similar to this ore and protect the lives
of prisoners? What was the use of the
officers ordering their company out IL
they did not intend to do everything in
their power to protect the prisoner?
The court has shown by it's questions
that 1t believes that the command to
fire should have been given. and that
had any of the three officers sitting on
the court been in command on the night
of the lynching they would have felt it
their duty to order the soldiers to shoot
and shoot to kill.
Lieutenant. Stewart on Stand.
Second Lieut.. s. Morgan Stewart was
the first witness before the court today.
When asked II he mad ever redd Article
3. Chapter 176 Of the state code defining
the duties of a commissioned officer of
the Alabama national guard, he replied
that he had and was familiar with the
duties of an officer. He had never been
examined for a commission. having been
elected by the company In the usual
way and had never been ordered TO stand
examination relative to his competency.
He attended the officers school at the
state encampment.
Lieutenant Stewart stated that his com
mission was dated March 10. 1904 and
had expired when Naples was lynched
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