The Savannah morning news., 1904-10-15
NO TIME TO ASSUME
COMMAND OF COMPANY.
Lieut.. Chas. e. Cone Was Seized Mt
Same Time as Capt. Hitch.

Lieut.. Chas. f. Cone Was Seized Mt
Same Time as Capt. Hitch.
The court convened at $3.50 O'clock
Private w. B. Morrison of Company
X was the first witness. He was on
duty at the front stairway in the
Court House when the final rush was
made. He saw man in uniform sit
ting in window, but could not tell
whether it was a private or an officer
on account of the khaki uniforms
worn. He did not know Lieut.. Cone
at that time. He heard no commands
given by an officer after Capt. Hitch
was seized. He said that many of
the men had been disarmed.
Corpl. Neil Coney was recalled. He
heard Lieut.. Cone say. 81 can't bear
to stick them" Two or three men of
the speakers command was in hearing
distance.
Time Between Capture.
Sergt. r. L. Proctor, of Company A,
was at the front steps. He heard
Lieut.. Cone tell one soldier he could
defend himself with his bayonet, and
saw Lieut.. Cone seized shortly after
might have been a minute or two. He
did not hear any command given by
Lieut.. Cone. In answer to a question
by the court, ne thought the interval
between the seizure of the two Of
fcers was a minute, more or less.
Private r. l.. Miller, of Company
/, saw Lieut.. Cone on the front stairs
about twenty minutes before the final
rush. He had only passed the defend
ant.
Capt. Hitch Introduced.
Capt. Hitch was introduced as the
next witness. He met Lieut.. Cone in
the court room during the rioting. He
stated to the court that Lieut.. Cone
was in command Of the front stairs.
When he was seized, Lieut.. Cone nor
any one else came to his assistance.
Cross-examined by Mr.. Wilson, he
said that Lieut.. Cone had reported that
the front stairway was being vigorous
ly assaulted. No direct orders had
been given placing Lieut.. Cone in
command Of the stairway. Only Il gem
eral command had been given to the
men and Lieut.. Cone to defend the
stairs, at all hazards. orders during
the rioting were given direct to Lieut.
Cone and the men by Capt. Hitch.
At the close Of the testimony of Capt
Hitch, Col. Napier announced that the
state rested its case.
Moved for Dismissal.
Mr.. II. Il. Wilson, Of counsel for
Lieut.. Cone, then moved that the case
be dismissed. as the evidence did not
tend to remove a reasonable doubt
and asked the judgment of the court
az 1t were necessary to answer.
Col Anderson: 'In military courts
a motion to non-su1t cannot be en-
tertained. The finding must be In Sc
cred, and / doubt IL the court has a
right to hear the motion and declare
the defendant not guilty"
The defense then offered as a wit
ness C0rpl. J. u. Jones of Company A.
He stated that he is at present a stu
dent at Athens. He told Of cartridges
being issued Sunday night by Lieut..
Cone. These were later taken up UNI
der orders from Capt. Hitch. Some OF
the men did not get any cartridges
at all On the new deal. while others
got only one. two OF three. Did not
hear any commands given by Lieut.
Cone.
Col Napier: do you say that
Lieut.. Cone saw some OF his men dds.
aaned2"
Ginger Was Lacking.
Corpl. Jones. yes"
Coz. Napier: And he stood there
without exhibiting that there was any
ginger IA him and let the mob disarnl
his men? And while you were swing
ing 10 your gum"
Corpl. Jones. Il was very busy about
that time. and could not tell exactly
what the others were doing"
Mr.. wilson did you not see Lieut..