The Montgomery advertiser., 1904-10-13

L08EI9f thtat Qn 8AIQ Qal8 4 MOD Of crowd of people. assembled at said jail where said prisoner was confined and entered the jail and got possess sion of said Horace Naples and put him to death; that said Rogers knew. or was aware of such facts as should have caused him to know. the pur- pose and intention of the mob; and that said Rogers knowingly and inten- tionally failed or refused to take the necessary steps to repel the mob and protect the prisoner.
 Specification 2. That said Rogers having in his custody one Horace Ma ples. as set out In specification here of. which specification is made a part of this specification to the same ex- tent as if copied herein at length and being then and there present. had at his command part of Company F, 3rd Regiment, Alabama National Guard. to wit. fifteen of said militia men. at the time the said prisoner was taken from the jail; that said militiamen were armed and supplied with ammunition; and that said Rog- CTS knowingly and Intentionally failed or refused to give said soldiers the necessary and proper orders and com mands to resist the mob and protect the prisoner.
 1pctuiCutton Q. cpeCllIcattOu I,
 above set out, is referred to and made Ia part of this specification to the same extent as If copied at length herein: that said Rogers knowing the purpose and Intention of the mob. or being in possession of sufficient facts to charge him with knowledge there of. knowingly and intentionally failed or refused to have a sufficient num- Der of his regular deputies present to protect said prisoner against said mob.
 specialization {. specification |, above set out. Is referred to and made part of this specification to the same extent as if set out at length herein; that said Rogers knowing the purpose and intention of said mob, or being in possession of sufficient facts to charge him with knowledge there of. knowingly and intentionally failed or refused to summon to his aid q sufficient number of tho men of his county to repel the mob and protect the prisoner.
 specification s. Specification l., above set out, Is hereby referred to and made part of this specification, that said Rogers allowed a mob. riot, tumult, or unlawful assembly to col- lect and stay for several hours. to wit, for three hours in the vicinity of the county jail where said prisoner was confined and knowingly and inten- tionally failed or refused to command said mob to disperse or take proper steps to disperse tn same.
 Specification 6.-That said Rogers was on. to wit, September [, 1904, sheriff of Madison County. that on. to-
 wit. said September 7th, said Rogers
 was present at the jail of Madison tl,af thar at fuaa human beings confined in said jail; that at said time some person or persons in- tentionally set fire to said jail; that said Rogers, knowingly and intention ally set fire to said jail; that said Rogers, knowingly and Intentionally, neglected or failed to use proper pre- cautions or force to prevent said jail
 being fired; that said Rogers at the time had at his command the means whereby to prevent said arson, to wit. fifteen militamen armed with guns and supplied with ammunition, and the power and authority to summon a posse comitatus to his aid; but. unmindful of his official duty in the premises, said Rogers willfully- failed to take the necessary steps t9 prevent said crime
 Charge 2.-That said Augustus D. Rogers. sheriff as aforesaid, has been guilty of incompetency:
 t'Specification 1.-That said Augustus D. Rogers has, since the commencement of his present term of ofice as such sheriff. and before the day upon which the Governor gave said directions to the Attorney General, been incompetent to perform the duties of said office in manner required by law.
 Specification 2.-That said Rogers on, to wit, September [, 1904, was sheriff of Madison County that he then and there had in his custody and keep ing, in the jail of said county, as a prisoner, one Horace Naples: that 8 mob or assembly of people then and there collected at said jail, and enter ed the same and got possession of said prisoner, and put him to death; that said Rogers did not know his authority and duty in the premises. and did not know the steps he was authorized and required by law to take in order to protect said prisoner and prevent his being taken from his custody and put to death; that by reason of such lack of knowledge on the part of said Rogers he failed and neglected to take such steps and perform such duties as he should have done to protect said prisoner.
 Charge 3.-That said Augustus D. Rogers. sheriff as aforesaid. has while holding said office. permitted prisoner to be taken from jail and put to death, owing to the neglect or other grave fault of said Rogers.
 Specification l.-That said Rogers was on, to wit, September '. 1904, sheriff of Madison County: that he then and there, as such sheriff. had in his custody and keeping in the jail of Madison County prisoner, Horace Naples; that a mob then and there col lected at said jail, and entered the same, and took said prisoner therefrom and put him to death; that the action of