The Savannah morning news., 1904-10-12
HITCH CASE NOW
WITH The COURT
EVIDENCE AND ARGUMENT IN.
QUESTION OF AUTHORITY AT
STATESBORO THE ISSUE.

Capt. Hitch on stand for More Than
Three Hours and Was Not Asked
Any Questions by state or Court.
Speeches by Counsel at the Con-
cIusiOn-COurt Has Asked Judge
Advocate Regarding Delay OF
Finding-Trial of Lieut.. Nell Will
Be Taken Up This Morning.
In the presence of an audience Of
several hundred people. many OF
whom We're ladies. argument in the
case of Capt. r. M. Hitch, on trial be-
fore the court-martial, was made last
night Much interest was taken in
the summing up by the counsel for the
state and defense.
Many military men were in the audi
ence, who had not been able to attend
the sessions of the court by reason of
other duties, and they took the oppor-
tunity afforded of listening to the ar
gument.
During more than three hours of
the afternoon session Capt. Hitch oc-
cupied the stand and recited in detail
his connection with the Statesboro af-
fair. He explained every move made
by him and the reasons therefor, and
defended his actions generally. Sheriff
Kendrick was on the stand in the
morning. Each of the witnesses tried
to hold that the other was really in
command at Statesboro.
The night session was devoted to the
argument of the case, the evidence
having been completed in the after
noon by the evidence of Capt. Hitch.
Col. Napier, as judge advocate, open
ed briefly, outlining the scope of the
states case. He spoke of the dignity
of the law and the need of preserving
the good name of the militia.
Criticised Sherin's Force.
Col. Toomer followed in a speech of
thirty-five minutes, presenting Capt.
Hitchs case.
At the very beginning he took oc-
casion to thank Col. Napier for the
impartial and complete manner in
which he had prepared and presented
the case, a compliment which he re-
peated later in his address. The evil
dence presented by the state had been
free and fair.
Col. Toomer severely criticized
Sheriff Kendrick and his force for his
conduct. 1t was the duty of Capt.
Hitch to accord a public trial If the
officers desired it.
1T is my intention to convict the
entire sheriff's establishment of the
results of the sixteenth said Col.
Toomer.
Though denying it under oath, coun-
sci called attention to the evidence of
six soldiers that the sheriff had shown
the negroes to the mob. The treachery
and disloyalty of the civil authorities
was commented on caustically.
There was no evidence that the mill
tary could have overtaken the mob.
The evidence of Lieut.. McIntire was
to the effect that the negroes would
have been brought back dead at the
best.
The attention of the court was d.
rected to the fact that Capt Hitch
was there in an aiding" capacity. If
Capt. Hitch had given the order to fire.
the speaker declared that he would
have shot a Judge in the back as he
was leaving the court house and
sheriff in the breast as he was leading
the mob for the prisoners"
In closing the speaker thought that
the verdict should show that Capt.
Hitch had performed his duty as he
saw it, and that he was a cool, clear
haaHad anI ao,,va craO,tu enldiarp
Appeal of Col Napier.
Col. Napier spoke for something over
an hour, and with his eloquent appeal
for the unfolding of the law and the
honor of the military, made a most
pleasing impression. His entire adj
dress was on a high plane, even the
specific discussion of the charges
against Capt. Hitch being treated in
a delicate manner.
1t was contended by Col. Napier that
the dereliction of the civil authorities
did not excuse Capt Hitch. He in
sisted that Capt. Hitch was in full
command at Statesboro.
In disclaiming any spirit of perse-
cution, Col. Napier said: "If 1 held
the scales of justice in my hand 1
would not vary it one hair. All that
/ desire is a full, fair and impartial
justice between the state and the ac-
cused. Rather 1 would turn the scales
in his favor"
The contest was not a matter of the
negroes, but between law and an
archy, whether violence should run
riot in the state of Georgia It was
the state he was defending and not
the prisoners. The honor and integ-
rity of the military branch of the
service was also declared to be in
volved.
A Heinous Blot.
The specifications and charges were
discussed briefly. 1T was his duty to
have followed that mob to the last
ditch" declared the judge advocate.
and do what he could to prevent a
revolving and heinous blot upon the
state of Georgia. Mob violence must
be controlled, or we enthrone insurrec-
ton instead of law"
The speaker depicted the emblem of
the state, with a militiaman standing
with drawn sword next to Justice to
defend her. The conduct Of the young
Irish lieutenant was commended and
graceful compliment paid to that ma
ttonality, reference being made to the
statue of Sergt. Jasper not far away
In no vindictive spirit the Judge adj
vocate discharged his duty. He had
tried carefully Ia praeapf totb .gao.