The Savannah morning news., 1904-09-14
Hitch, Cone and Nell
and Morrison and CrinOr
Charged With Dere|iCtiOn
Col. Anderson of Atlanta President of
Court That Will Convene on Sept. 29.

| oners and took them from the nrotec-
ton of the military, and there is no
evidence of any damage having been
inflicted on any member of the mob
by the soldiers during their encounter,
| either from bayonet wounds or from
the firing of a gun.
THAT the force under Capt. Hitch
was sufficiently large to have afforded
| protection to the prisoners had it been
properly handled. but the commanding
officer did not use proper precaution
: nor was his conduct sufficiently ener-
getic or forceful. he having failed to
avail himself of the services of a large
| percentage of his command which
were within his reach and available.
THAT no efforts were made to clear
the court room or the corridors during
the trial on either day, and no Gordon
was established, or attempted to be
| established, around the Court House.
| TThOse instructions as to Loading.
THAT the only instructions given
| the men as to when to load or fire
( seemed to be those given by Capt
| Hitch on the train, requiring them not
to load or fire except when specifically
ordered to do so: these instructions
having the effect generally of restrain
ing the men from loading their guns
| when attacked by the mob.
THAT the evidence fails to disclose
any ener- c efforts on the part of
the military authorities to disperse@t the
mob: It likewise fails to disclose any
serious casualties to the troops or to
the members of the mob.
THAT the evidence discloses that
! Lieut.. A. A. Morrison, while acting in
the capacity mentioned, did. by his
conduct not in the line of his duty,
! interfere with Lieut.. McIntire in his
| efforts to perform his duty.
THAT Lieut. Charles E. Cone, Com
pany A, First Infantry, without orders
left his detail on the front stairs and
went into the court room and to the
| back stairway, and that during his alb
sence from his place of duty the mob
went up the front stairway into the
court room and took the prisoners; the
conclusion as to his conduct is that
he was neglectful of his duty in not re-
naming at his post.
''That First Lieutenant George A.
Nell was inattentive to duty and prov
ed incompetent to cope with the situa-
ton; failed to go to rescue of Capt
Hitch and his men and failed to pur-
sue the mob after the prisoners had
been taken. The conclusion of the
court is that the troops could have
taken the prisoners from the mob, even
after they left the Court House, had
vigorous efforts been used, instead Of
no attempt at all.
"That Second Lieutenant James w.
McIntire, Jr., First Infantry, was in
command of rear stairway that he
and the men under him successfully
resisted the efforts of the mob to gain
entrance by that route into the room
where the prisoners were confined.
This officer and the men who CO.
operated with him on the back stair
way, did their full duty.
THAT from the testimony it appears
that the first encounter of Second
Lieutenant Henry L. Griner, First In
| fantry, with the mob caused him to
disappear and that the only effort on
, his part to be of service, as disclosed
/ by the testimony was the calling for
the aid of Sergt John Paul Jones to
| transmit a telegram for reinforcements.
THAT Corpl E. w. Shortridge of
! Co. /, First Infantry, held at bay a
number of the mob by simply loading
his piece and threatening to shoot.
This demonstrates the effect on the
mob of a loaded gun in the hands of
a determined man.
THAT Private Joseph f. Mcguire,
Co. D, First Infantry, after having
been overpowered and after having
his piece taken away from him by
stress OF numbers. did effective work
with a piece Of board as his only
weapon in assisting to clear one end
of the corridor
THAT Company Musician W. T.. Nc
Dougal, OF Co A, First Infantry
though Of extreme youth and slight
physique. when two members Of the |
mob attempted 70 take his piece away |
from him. frustrated their attempt TO |
disarm him by his threat 10 shoot, !
thus furnishing further evidence of
the effect on the mob Of determined |
resistance.
From the evidence submitted. the
court concludes that there was de-
slre and effort upon the pari of The /
enlisted men 10 perform their whole /
duty If they had been permitted 10 Do |
~ by those in immediate authority I
and command.
tslenedl "w p Wnoten colonel 7
Fourth Infantry q. o. n president I
warren urte c1ptain eeaoaa Anr
T fernr1eF