The Montgomery advertiser., 1904-10-13
 PAPERS FILED. Attorney General Seeks to
 Impeach Rodgers.  CHARGED WITH INCOMPETENCE l Alleged He Failed to Use His
 Authority. Impeachment Proceedings Were Filed Yesterday by Attorney-Gensrai
 at order of Governor
 Cunninsham.
1. wnlfuI neglect of duty.

1. wfllfuI neglect of duty.
 2. Incompetency.
 8. Negligently permitting a prisoner to be taken from jail and put to death. Charged with these impeachable of lenses, Sheriff Augustus D. Rodgers of
 Madison County will have to appear be- fore the Supreme Court of Alabama on November 2i, and make answer. Papers making these charges were filed in the Supreme Court Clerks of flee yesterday morning by Attorney General Massey Wilson. They were accompanied by written order from Governor Cunningham directing the At torney-General to institute the proceed, fngs. November 24 was named as the day on which the accused Sherin shall
 come before the court and make his answer.
 Sheriff Rodgers has been served with a copy of the papers. He will be rep resented before the court by attorneys and the court will formally convene
 and hear testimony. The proceedings will be similar to those in which Pro- l bate Judge J. H. Lovejoy of Etowah County successfully fought impeach. ment charges before the Supreme Court | last year. 1 The charges against Sheriff Rodgers | are directly and exclusively the out | growth of the lynching of Horace Ma ples. a negro. in Huntsville on the night | of September 7 There are six speci- | ficatfons of the first charge of willful l neglect of duty. first that he permitted 1 the lynching and that he failed to give the order to the military to fire l when the mob was storming the jail
 and that he failed to use resources at I his command.
 l. ahor of 1 tency, there are two specifications of incompetency, dealing with the Sher- fn's neglect to give order for the pro- | lection of the prisoner and with his | neglect to have sufficient number of deputies to protect the prisoners. To the third charge there are three
 specifications. Like the other specifi- | cations. they allege that the Sheriff did
 not Hake use of his authority to stop | the pnob.
 The impeachment proceedings, or, in legal terms, the information, was as | follows:
 ''The State of Alabama, ex rel. the attorney general Augustus D. Rogers, as sheriff of
 Madison County. in the State ot Ala
 bama.
 ITO the Honorable Supreme Court of Alabama.
 i---Massey' Wilson, attorney general of Alabama, who, for and in the name | of the State in, his behalf prosecutes in his own proper person, comes into
 the said supreme court at Montgom- cry. on the 11th day of October, 1904,
 and for the said State, and upon the written direction of R. NJ. Cunning
 ham. the lieutenant and acting gov-
 ernor of the State of Alabama, which said written direction of the governor is hereto attached for the Information of the supreme court, gives the court to understand and be informed that Au- gustus D. Rogers, sheriff in and for the County of Madison in the State of Alabama, unmindful of the duties of said office. while holding such office,
 prior to. the time of the giving of said direction by the governor, has, during the term of his office as such sheriff, been guilty of the following impeachment conduct to wit:
 "1. Willful neglect of duty.
 "2. Incompetency.
 8. Negligently permitting a pris- oner to be taken from the Jail and put to death.
 Charge 1. That said Augustus D. Rogers, sheriff as aforesaid, has while holding said office, been guilty of willtul neglect of duty in this:
 Specification 1. That said Augus- tus D. Rogers was. on to wit, Sep- tember z, 1904. sheriff of the County of Madison; that on, to wit, said 7th of September, there was confined in the jail of Madison county as a pris-
 oner one Horace Naples; that said Horace Naples, so confined in said jail, was prisoner in the custody of said