The Birmingham age-herald., 1904-09-27

he SnOulQ uTGs IApuBeFS Saids Not vet. There had been no order given b,, load. The distance from the ian fo tbe most which was attacked was abopt ona. | hundred yards.
 "That after the military went into tbo | iail rocks and other missels were thrown 1 through the windows and other openinrs and some of the military were strncir There is testimony that guns were fir ed in the mob, both al the time the post was attacked, and at the time the military were in the jail. Captain Hav l testified that several shots were fired into the iail. one breaking a window and vvounding him with splinters of glass We examined the inside of the jail but found no bullet marks.
 Ready to Shoot
 "Captain Hay testified that during this time he repeatedly told the sheriff that he was ready to shoot and shoot to kill. l but was as often told not to do so Sher- l if Rodgers denied this and testified that the only order he gave of this eharac- fer was one to an individual soldier. who asked if he should fire through a door on which the mob was hammering, say ing, no, don't shoot to try to scare the mob.
 ..That during the whole time no order to fire were given the miitatry, and no l shots were fired by them. No general or- 1 der to load was given. Lieutenant Hay 1 gave a few individual orders to load, when i issuing additional cartridges in the jail
 "The jailor testified that some of the military were in his room, some being in the closet and some under the bed. 1 while others sat on the floor smoking. 1 This is in turn denied as to any sol- l dier being under the bed.
 That this was the condition of affairs 1 until finally the jail was fired and some l of the men overcome by the smoke when 1 they started under orders to march out of the jail. Upon their getting into the mob they were separated, cursed and assaulted, and lost their identity as military organization, no attempt being made to form or rally them either be- l fore or after the prisoner whom the mob was seeking was hanged; the prisoner l jumping, or being thrown by someone unknown to us, out of the eond story of the jail shortly after the miltatry made their exit or just at that time.
 Showed Some Familiarity. l ''Lieutenant Stewart showed some fa- miliarity with the duties of an officer 1 on an occasion of this character and he | testified that he had read article of 1 chapter 176 of the criminal code of lSs6' | but Captain Hay and Lieutenant Hay i seemed entirety ignorant u lntll AdtiSS 1 on such an occasion and testified that l they had never read or been informed of | the provisions of said article of the | code.
 None of these officers have ever been examined by any one as to their ntness and qualihc ations for the positions they hold either before or since the issuance of their commissions. Their commissions were issued to them upon their electlon' without inquiry and the only instructions they have received is such as they have had in encampment in regard to tactics.
 ''The military force, arms and ammun- ition at hand were, In our Judgment, en- tirely adeqaate to have dominated the situation, and to have prevented the mob from getting the prisoner, Horcae Naples, if they had been intelligently and cour- ageously commanded and used.
 That on the night in question there was an entire lack of any concerted eff fort or plan looking to the protection or the jail or the prisoner, or the preserva- ton of the safety or the integrity of the military command in arms.
 That Company F, Third infantry, A. N. G., as organized is inefficient and worthless.
 "That the combined facts above out lined permitted a life to be taken un- lawfully by a mob, under circumstances which justify us in concluding that the same could have been prevented; thereby refiecting serious discredt upon the mili- tary called into service upon the occasion.
 Be Mustered Out.
 "2. We recommend that Company F. Third infantry, A. N. G., be mustered out of the service immediately; that cate- gorical instructions issue from the proper authority to each commissioned officer of the National Guard defining his rights and duties when called out under the provisions of article 8, oh. 176 of the crlm- inal code, 1896, and especially when or dered to report to a civil officer for the protection of a prisoner; and that each such Joe positively required to familiar ize himself with such instructions before a commission is issued him. Respectfully submitted,
 T. s. FRAZIER, Chief of Engineers, Governors Staff. b. D. SMITH, Captain 1st Art. A. N. G. w. J. MAIDEN, Captain 1st Inft., A. N. G.. Recorder.
 Governors Orders. | After receiving the papers and going over them with the adjutant general Act l ing Governor Cunningham ordered that | the recommendations of the board be | carried out at once. 4le would not dis cuss the report, saying all he had to say was found in few words of his orders to General Brandon, the adjutant gen. eral. The report was received at the of flee of the governor last Friday but he has been away until today and could not l open 1t.
 The matter of expenses of the court has been provided for and will be taken care | of in due time. The report of the board | makes courtmartial, as the mastering | of the company leaves no job for the of 1 ficers and they were deprived of theii commissions just as and only as they would be after finding against them by a courtmartial.
 Orders of Adjutant General.
 The following is the order of the adju tant general:
 | Special Orders No. 55;
 '1. The recommendation of the court of inquiry appointed under Special Ordei No 53, having been reviewed and ap proved by the governor, the adjutan general will proceed to Huntsville a. 1 early as possible and muster Company F. Third infantry, Alabama nationa guard out of the service of the state.
 '2 The commanding officer of Com pany F. Third infantry, will turn owe to the adjutant general Ill quartermaste and ordnance stores in his possession; h. will have this property where 1t can b. checked up by the adJutant general ol Tuesday night. October 4, 1904.
 .'3. All members of the company VII be present, together with all officers a their armory at the above date at o'clock D. m.
 By command of the governor.
 "WILLIAM w. BRANDON,
 "Adjutant General"