The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-20
Sheriff Rodgers Told the Mob
10 "Come in and Get
the Niger
COURT OF INQUIRY is
SITTING At HUNTSVILLE
Testimony Shows That No One Seemed
to Know Who Was In Command.
Capt. r. l. Hay
Testifies.
BY FRANK n. BELL.

Huntsville. September 19-(Special.)-
Three witnesses were examined here to-
day before the court of inquiry and the
most startling piece of evidence was that
of Sergeant Joseph Brock, who swore
that he heard Sheriff Rodgers call to the
soldiers to leave the jail and tell the mob
to stop setting fire to the Jail and let the
fire department extinguish the flames and
come in and get the nigger.' The same
evidence has evidently gone before the
grand Jury from what can be ascertained
tor ght.
The evidence s.lso shows that the sheriff
called certain people in the mob py name
and that there was great lack of discip-
line and authority on the night of the
lyncbins and that no one really knew
who was in command. 1t shows that
CAPTAIN Hay never reported to the sheriff
according to military tactics which re-
crire a. man to say: II report for duty
and further orders" or some similar ex-
nress,on. According to Captain Hay he
never reported at the jail further than to
march his men there.
difference of Opinion.
There seems to be decided difference
of oninion as to how, when and where
various orders were issued, and Lieuten-
ant Hay, one of the witnesses, has Tor
gotten practically all the details OF what
occurred that night. He explains tnat
he was SO excited and things came SO
thick and fast that he is mixed UP and
actually does not remember
The evidence shows a large amount OF
personal bravery on the part of the SOL
diers. and that If they had been properly
led they would have held the mob. Some
of them stayed in the jail and TAINTED
rather than to leave their post.
The courtmartial consists OF Col Tom
S. Frazer, chief Of engineers on the gov
ernor,s staff; Capt. Ed. d. Smith, com
manding officer of the Brandon Light Ar
tillery, and Capt. W. J. Walden OF tne
Second regiment. The court Is in fatigue
uniform, and the three members SIT with
their hats on.
An official stenographer has been en-
Moved and every word of evidence and
every question is being taken in full. All
witnesses appear in full uniform with
their side arms, and an orderly with f1x-
ed bayonet stands at the door.
The defense is represented by Attorneys
William Bankhead James Fl. Ballentine
and Douglas Taylor.
Captain Hay Testifes.
The first witness was Capt. r. l.. HAY,
commanding officer of Company f. Thifd
regiment, who was in command of the
company the night of the lynching. In
substance he spoke as follows: /
ION the afternoon of the lynching about
4:30 O. clock my brother, Lieut.. Tom Hay
came to my office and told me that the
sheriff had ordered the company to come
to the Jail. ordered him to get the oomi
pany together at the Jail, and there we
issued cartridges and guns to the men,
I saw Sheriff Rodgers there and asked
him If it was true that he had ordered
the company out. +
Il did not salute him according to mifi-
tary rules, but considered myself under
his command. / never used the words, ]
report for duty and orders Later I rye
ceived telegram from Governor Gun
ningham instructing me to report to the