The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-21
SOLDIERS GOT UNDER
BED DURING The RIOT
fcontInued from FIret Paae.l

CONTINUED from First Page)
on the 7th of September but no successor
had been elected. His testimony was in
part as follows:
IT heard Captain Hay and the sheriff
discussing whether 1t was better to get
In the jail or stay outside. Later Cap
tain Hay told me the sheriff had ordered
that when assembly was sounded all
the men outside of the jail should get
inside. 1 was told to notify the men on
the guard lines to this effect and while
| was doing this the lines on Clinton
street were rushed and I heard the as
sembly call. l returned to the jail at
once and found the company had gone
inside so I followed
After we all got inside, We Issued ball
cartridges and told the boys to fill the
magazine of their rides and then fill their
belts ! expected that the order to fire
would be given. This | wanted and
wanted everybody to have enough am
intuition Multi-ball cartridges were left
In the chamber of each rife As every
maa finished loading he was stationed on
the steps. Sheriff Rodgers told us not
to let anybody come up there.
Captain Hay Wanted to Shoot.
when the fire was started in the jail
Captain Hay and others Of us wanted TO
shoot but Captain Hay said for us not to
do so without an order from the sheriff.
The boys soon began to kick and wanted
to do something. l told Captain Hay and
he said I can't do anything without
Sheriff Rodgers orders. Go see him. Tho
sheriff was telling the crowd that no.
body must come up the stairs"
Asked what he would do If he was the
commanding officer Of a company on an
occasion of this kind, and his men were
assaulted and shot at, sentries choked
and knocked down and the sheriff had
ordered him not to shoot the witness re-
piled he would not give the order to fire
until told to do 1t.
This question was objected to by the
counsel of the company on the ground:
that 1t was not a question of what HI
would do but a question relative to tn
witness construction Of the law.
Colonel Frazer Makes Statement.
At this point, Colonel Frazer, presiden
of the court, informed the counsel will
all candor that this court of inquiry wa
appointed to determine the competenc.
,yof the commissioned officers of Compan.
II as well as to learn of their conduc
on the occasion of the assault on tn
jan followed by the lynching Of the priss
oner guarded by the company. He salt
the court is the first OF the kind evel
held in Alabama and by placing the blam,
for incompetency, If there is any, upor
the proper parties 1t would improve the
service of the National guard In this
state.
II mean by this" he said, that the
investigation may go further back than
this company"
The question was put to the witness in
different form. He was asked what he
would do If commanding a company I'M
der the same conditions as the company
which was placed in the Jail.
II think 1t would have beene my duty
to have obeyed the orders Of the sheriff. :
he replied.
Lieutenant Stewart did not believe the
mob could have been held off with the
few men Of the company.
Sergeant Giles TestIfies.
Sergeant Giles was the non-commission-
ed officer who posted the sentries around
the jail and after the lines were rushed
he ran to the spot and found one OF
the sentries on the ground apparently
hurt and took him to the jail. The SER
geant was badly beaten by the crowd
but did not lose his gun. He thinks if
the five men who were cut off from the
Jail, had been with the company inside,
and orders had been given to shoot the
jail could have been held against the mob.
Musician Radford testified that he
sounded assembly on the order of Ser
geant Brock. He had no arms although
application was made several months
ago
Attorney Robert C. Briekel testified
that there were thirty or forty men In
the crowd which actually did the mob.