The Caucasian. (Clinton, N.C.) 188?-1913, 1904-09-22
LYNCHERS ON TRIAL
CffiehIs II Esstsv'IIe. Alabama, to
Be lnpeaehed
WAS SOME STAkIIING TESTIMONY
Special Grand Jury Finds Sheriff
Rodgers, Mayor Smith and Chief Of
Police oserton Guilty Of Neglect OF
Duty and Ineompenteney and Re-
eemmends That the City Police
Force Be Reorsanixed.

Huntsville. Special.-The special
grant jury made its fepsr, Monday
night, recommending The impeach
ment Of Sheriff Augustus Rodgers.
Mayer Tnos. w. Smith and Chief OF
Police Orerton. and recommending
that ;aa police force OF the city OF
Huntsville be reorganized. The grand
jury finds that Sheriff Rodgers was
guilty Of neglect of duty or incompe-
tency. in that he did not prevent the
lynching. failed TO take proper precau-
tions for the defense OF the prisoner.
allowed a mob of unlawful assembly
to remain several hours in the yicini-
ty of the jail and took no steps 10 dis.
perse the same, then permitted ar
son in The first degree TO be commit
ted in the jail, allowed the lives of
prisoners under his care to be jeop-
ardized by fire and smoke. wilfully
failed or refused to fire upon the
mob or order the same to be done
when the mob was besieging the jail
and assaulting the garrison by throw
ing rocks and other missiles. and fail
ing to order or command the mob TO
dIsperse.
The jury finds that Mayor Smith
was guilty Of neglect of duty because 2
he allowed an assembly of people to
throng the streets for hours and fail
ed to use proper means to disperse
them, failed to adopt eny measures
to preserve the peace OF the city, not
withstanding arECn and murder were
Being openly committed, refused to
order cut the fire department to ex-
tinguish the fire in the jail, failed or
refused to send police protection with
the fire department. etc.
Chief OvertCn, of the police depart
| ment is charged with failure or re-
! fusal to disperse n riot OF mob, refusal
to carry aid to the sheriff upon the
summons of that officer, and adopting
no effective measures for the preven-
| tion of the mob.
The action Of Governor Cunningham
| in sending militia to preserve peace
| and order is commended, and in view
| of tire fact that a military court OF
| inquiry is investigating the conduct
| Of the local militia on the occasion
| of the riot, no comment is made on
their actions except taht they appear
| to be under the command cf an Off
| Ger incompetent and ignorant of his
| duties.
| The military court of inquiry, ap
pointed by Acting Governor Cunning
| ham to investigate the conduct Of the
| militia on guard at the Jail when Hor
ace Naples. negro, was lynched
| Monday began taking evidence. Col
| T. S. Frazer, of Union Springs, Capt
w. ]. Walden. of Uniontown, and
| Capt. E. D. Smith, of Birmingham
| compose the court.
Captain Robert l.. Hay, of Company
F; Lieutenant Thomas P. Hay anf
Second Sergeant Joseph Brock were
| the first examined when the fnvesti
CATION began. According to the testi
mony of Captain Hay, he was to re
ceive his orders from the sherlff
Capt Hay testified. that bis p!cket'
were posted on the stairways, anf
that the sheriff had cautioned the sol
diers not to allow any one to come III
the stairway, and not to shoot unit
he ordered After the mob had bro
ken in the back door and started tn
fire, the men begged either to be al
lowed to shoot or to be ordered ou
of the building. In the meantime
the mob was calling to the sherii
and telling him that if he would sui
| render the negro the fire would b
extinguished. The sheriff finally az
ceded to the wishes of the mob, at tn
same time ordering the militia ou
of the building. Sergeant Brock sui
stantiated the testimony OF Capital
Hay. Lieut.. Hay testified that h
went to the assistance of sentr
and was cut off by the rush of tn
mob and could not get back TO tn
| Jail.