The Birmingham age-herald., 1904-09-17
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BY FRANK H. BELL.

Huntsville, September 16.-(Special.)- Two sensations were sprung in the pro ceedings here today in the arrest anu arraignment of men in connection with the lynching of the negro Horace Naples last Thursday night.
 The first of these was when Thomas M Higgins, a prominent hotel man. was arrested on three charges one of mur- der in the first degree by hanging Hor- ace Naples, another of murder in the first degree by shooting Horace Naples, and the third of arson in connection with burning the county jail when the mob was attempting to get at Naples.
 The second sensation was when Law renee Cooper. one of the most prominent attorneys in the city, wno is representing Higgins, delivered a warm and caustic speech opposing the presence of the mil itary guarding the two prisoners, Higgins and Ben Hill, in the court room.
 Language Very Pointed.
 His language was very pointed. He de- elared that thi- was the first time such thing had happened m this county since reconstruction days, and that it
 
 court was powerless to protect itself through the regular channels.
 This afternoon Hill ana Higgins were both arraigned in court and pleaded not guilty. They were conducted from the jail to the court room under heavy g rd of soldiers the company here the detail being under command or Iieut Clarence B. Ballard
 The soldiers marched to and from the court room and remained in court through the short arraignment with loaded guns and fixed bayonets. The court house was packed with people, and there was no little talk and sensation when Attorney Cooper delivered his speech in opposition to the soldiers presence in court.
 Solicitor Pettus delivered a lengthy re- ply to Attorney Cooper and then Judge Paul Speake of the circuit court delivered what is considered a severe reprimand to the attorney. He spoke of the speech as incendiary, and then briefly explained why the troops were present.
 special venire of fifty jurors for each of the cases was drawn and the trial of Hill was set for Monday, September 26, and that of Higgins for next Wednes- day. In part, the speech of Attorney Cooper was as follows:
 Attorney Cooper's Remarks.
 Thirty years ago this court house was invaded by the military and it has taken thirty years to wipe out that stain cast upon our government. This is civil court and I desire to humbly protest against the militia in this court house. Noble fellows as they are, they are out of place here, and as a citizen of the state of Alabama l protest against and question the authority of any man In any place who will place militia in the civil courts of this state or suggest that they be placed here It is not right. It Is not justice to intmidate the people in this manner.
 The soldiers may stand guard at the court house or at the jail, but l must say that this defendant does not need their protection and does not desire it. He needs no protection besides his innocence of the crime that is charged to him."
 Solicitor Pettus Replies.
 In reply to this Solicitor Pettus said "The militia alluded to by Mir Cooper as having invaded the court house thirty years ago consisted of alien soldiers These men here today are boys of the hills of Alabama, who have authority to go wherever they are ordered by the state 10 preserve anu upnOlu the OruerS or the state
 They are not here to intimidate any body, but they are here because open threats have been made that prisoners who are arrested in connection with the lynching will not be allowed to lie in jail and I am sure that every good cit izen will endorse their presence in this court room. If they had reached here at 6 o'clock on the evening of September i the laws of this state would not have been violated and arson in the first de- gree would not have been committed m the shadow of the temple of justice
 Judge Speake Explains.
 Judge Speaie then explained the arrival of militia and also delivered the repri- mand to Attorney Cooper. He said:
 .'The militia was brought here on my suggestion after consultation with the sheriff and I believe the civil authority would have been unable to maintain or der, and 1t is proper that soldiers should erpear in the court room, this being the n,rpose for which they were sent by the governor of Alabama.
 q consider the speech incendiary and liable to arouse the slumbering passions of people,
 The dates of trials were then set and the prisoners were removed to jail
 Higgins. who Is about 45 years old Is an old Huntsville citizen and great surprise was expressed when ne was arrested He is a very popular man in the city, ard has a great many friends who 1t has been feared woulc make some move to lberate him. However everything has been quiet so far although the militia made its first arrest tonight when John