The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-09-23

special grand jury made its report to-
day recommending the Impeachment OF
Sheriff Augutus Rodgers, Mayor Them
as w. Smith and Chief of Police David
d. Overton and hat the police force
of the city be ~reorganized. The
grand jury finds that Sheriff Rodgers
was guilty of neglect of duty or in
competency, in that he did not pre-
ven the %lynching; failed to take proper
precautions for the defense of
the prisoners; allowed a mob
of unlawful assembly to remain sew
eral hours in the vicinity of the Jail
and took no steps to dispense the same:
permitted arson in the first degree I
be committed in the Jail; allowed tn
lives of prisoners under his care 20
be jeopardized by fire and smoke, will
fully failed or refused to fire upon the
mob or to order the same to be done
when the mob was beseiging the Jail
and assaulting the garrison by throw
ing rocks and other missiles and fail
ing to order or command the mob 70
dispense.
The jury finds that Mayor Smith was
guilty Of neglect of duty because he
allowed an unlawful assembly of peo-
pie to throng the streets of the city Tor
hours and failed to use proper means
to dispense them, failed to adopt n
measures to preserve the peace of the
city, notwithstanding arson and MUIR
der were being committed: refused
to order out the fire department to ex-
tinguish the fire in the jail; failed or
refused to send police protection with
the fire department. etc.
Chief Overflow, of the police depart
mont is charged with failure OF re-
fusal to dispense a riot or a mob; refus-
al to carry aid to the sheriff on the
of that officer, and adopted
no effective measures for the v
ton of the mob.
The action of Governor Cunningham
in sending militia to preserve peace
and order is commended, and in view
Of the fact that a military court of in
quiry is investigating the conduct Of
the local militia on the occasion of the
riot no comment is made on their ac-
lions, except to remark that they APP
bear to be under the command of an
officer incompetent and ignorant of
his duties.
The jury returned several additional
indictments. making % in all and was
discharged by Judge Speake, who COM
mended them for the faithful discharge
of their duties. He said their action
would go far toward removing the
shame brought upon the community
by h mob.
The COur of Inquiry.
The military court of inquiry ap-
pointed by Acting Governor Cunning
ham to investigate the conduct of the
militia On guard at the Jail when Hor-
ace Naples, a negro was lynched, to-
day began taking evidence. Colonel L.
s. Fraser, of Union Springs, Captain
w. j. Walden, of Uniontown and Cap
tain E. D. Smith of Birmingham CONF
pose the court.
F.. Lieutenant Thomas p. Hay and
Second Sergeant Brock were the frs
examined when the investigation began
today.
Birmingham. Ala. Sept. IA
special from Huntsville says an ap-
parently we'll founded report is in cir
culation there to the effect mat the
secret service men in the employ Of
the federal government have been di-
rected to make an extensive investi-
cation of the lynching of Horace Ma
Pies and the attack on the Jail in
which federal prisoners are confined
~ icsuil VI the investigator IS Sdl1
to be reported to the federal grand Jury
when it meets next Month.
Acting Governor Cunningham, just
before leaving for Montgomery to day,
said h Birmingham troops would be
kept at Huntsville as long as the
court there wanted them. He added:
THE federal government has not adj
vised me of any decree to send troops
to Huntsville to protect federal priso-
nerS, nor have I asked for any nor do
/ propose to request any. All that is
needed in Alabama to suppress lynch
ing is public sentiment that opposes
this form of lawlessness.
Washington, Sept. 19.-Chief wilkie
of the secret service stated tonight
that there are no secret service men
investigating the recent lynching af-
fair at Huntsville, Ala, as rumore ]