The Montgomery advertiser., 1904-09-16
One Arrest So Far Made on Grand Jury'S h..
 dictment.
rx,.ct.d That Other True Bills Will Shortly be Returned, and Promi- nent Men Accused of Partfct- ting in the Lynching of
 Horace Naples at
 Huntsville.

Governor Cunningham yesterday or- dered a company of the Alabama Na- tional Guard to support Circuit Judge Paul Speske in his efforts to bring the members of the mob who on sep tember : lynched Horace Naples. a negro. to justice and at the same time ordered a military court of inquiry to investigate the conduct of the Hunts yille military company in allowing the mob to set fire to tho jail and murder the negro.
 Events are moving rapidly at Hunts vile and the incident has claimed all most the entire attention of Governor Cunningham for the past two days He held lengthy telephonic converse tions with Judge Speake on Wednes- day and again yesterday. Early yes terday morning Judge Speake advised the Governor that as matter or pre- caution National Guardsmen should be sent to Huntsville to prevent interfer- ence with the investigation of tho grand jury and to forestall an attempt to rescue members of the mob who might be incarcerated in the Madison county jail.
 Early in the morning Governor Gun ningham telegraphed Captain Lucien c. Brown. of Company TX" 3rd Infan- try. stationed at Birmingham to as- semble the members of his company and as many members of Company . e also stationed in Birmingham as was possible and to hold them in read iness for further orders.
 Captain Brown Acted Quickly.
 Without any knowledge of the duty to be performed Captain Brown re- piled in less than an hour that he was ready with sixty men drawn from the two infantry companies of Birming- ham to obey the orders of the govern or.
 After further conference with Judge Speake by telephone Governor Cunningham ordered Captain Brown to prceed to Huntsville on the noon train with his men prepared for camp duty and to report to Judge Speake under whose directions the military will act. The Birmingham militia left for Huntsville at noon and late in the evening Governor Cunningham was ad vised that they had reached their des- tination and were on duty. Their stay in Huntsville is indefinite.
 Yesterday morning Governor Cum n,ngham received a report from Cap tain R l.. Hay of the Huntsville com pany, in response to the demand from the Chief Executive and commander in-chief of the National Guard. for a
 
 the militia on the occasion of the lynching of the Naples negro. Tlns report of Captain Hay was not made public for obvious reasons, but 1t is understood that 1t does not conform to the statements made in the report of Sheriff A. D. Rogers of Madison Coun- ty which was received by the Cover nor Tuesday. It is said that both re- ports contain the names of nearly ev-
 -N NA1 lynching.
 It is believed at the Capitol that the determination of Governor Cunning ham to order a court of inquiry to in- vestigate the conduct of Captain Hay and his company was based on the two reports received by the Governor. the one from Captain Hay and the other from Sheriff Rogers.
 Military Court Ordered.
 At any rate Adjutant General Bran don was directed to order a court of inquiry to sit at Huntsville beginning next Monday or as soon thereafter as practicable. Tho order was as fol- lows:
 Montgomery Ala. Sept. IS. Special Order No. 53.
 As provided by Section of an act to amend Sections g. l2 and l5 of an act entitled an act to regulate the VOluHleST military IOTCeS or the state of Alabama, approved February 23. 1899. and to add thereto Sections 30. 31 and 32' approved September 30. l9v3, the Governor hereby appoints Colonel T. S. Frazer, Chief of Engineers, Gov ernor's Stan. President; Captain E. D. Smith Battery D. 1st Artillery. and Captain w. J. Walden. Company 1st Infantry, Il court of inquiry to investi- gate, ascertain and report the facts Iat in reference to the conduct of the off, cers and men composing Company F. 3rd Infantry, Alabama National Guard. on the occasion of the attack upon the jail by a mob which resulted in the killing of Horace Naples at Huntsville on the night Of the 7th instans.
 Such court will convene at Hunts ville on Monday the 18th instant, or as soon thereafter as practicable and en- ter upon the discharge of its duties.
 By command of the Governor.
 w. w. Brandon.
 "Adjutant General"
 The duty of the court, 1t will be observed. is to report its recommenda- lions, which means that a military :ourtmartial may follow.
 Colonel Frazer, the President of the .ourt is a prominent young lawyer of Union Springs and a member of the State Senate. Captain Smith is City Attorney of Birmingham and comman- der of the battery of artillery organ lzed in that city about a year ago. Cap ;ain Walden is a well known citizen of 'niontown. He has had much mill :ary experience, having been an officer of the National Guard a number of years and having served as an officer in he volunteer army in the Philippine islands. Captain Walden was Private secretary to Governor Oates. and has