Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1904-09-24
Officials at huntsville, Alabama, to
Be Impsached
WAS SOME STARTLING TESTIMONY
Special Grand jury FInds Sheriff
Rodgers. Mayor Smith and chief Of
Police overton Guilty OF Neglect Of
Duty and Incompcnteney and Re-
comrends That the City Police
Force De Reoresulxed.

Huntsville. Spccial.-Tho special
grand jury made It's report Monday
night. recommending tho impesch-
ment OF Shorlff Augustus Rodgers.
Mayor Thos. w. Smith and Chief OF
Police Ovcrton, and rccorrn ending
that the police force 81 the city Of
Huntsville DO rvorgnnircd. Tho grand
jury finds thot sheriff Rcagsrs was
guilty az neglect OF duty or lncompe-
tency. IN that be did not prevent the
lynching, failed 20 take proper precau-
tons Ter tho defense OF tho prisoner,
allowed a mob ~ unlawful assembly
20 remain several hours Ia the vicinl-
~ % the iel and took no steps 10 dis
peTSc no same. then permitted ar
SGD In The frs; degree 20 be commit
ted ga tho tail allowed tho lives Of
prisoners OncCs has caro- 70 DC loop
ardisSd by Ore and smoke. wilmny
failed or refused 20 nro upon the
mob or order tho same To ~ done
when tho mob was besic-ing the jail
and assauitnE The garrison b. throw
ing rocks and Other missiles. and fail
Ing 20 ordor or command the mob to
dispense.
The jury nnds that Mayor Smith
was guilty OF neglect OF duty because
he allowed an assembly OF people to
throng tho streets for hours AID fall
ed 70 use proper means % disporse
thom. failed 20 adopt any measures
20 preserve the peace OF the city. not
withstandtng arson and murder were
being openly committed refused 70
order out the FIRE department TO ex-
tinguish the FIRE In the Jail, failed or
refused 10 send police protection with
the fro department. etc.
Chief Overton, OF the police Depart
ment, IS charged with failure OF re-
fusal 10 disperse riot OF mob. refusal
20 carry aid TO the sheriff upon the
summons Of that officer, and adopting
no effective measures for the proven
ton OF the mob.
Tho action OF Governor Cunningham
in sending militia 20 preserve peace
and order is commended, and IN view
Of the fact that a military court %
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
10 be under the command CT an off,
Ger incompetent and ignorant OF his
duties.
The military court OF inquiry. sp-
pointed by Acting Governor Cunning
ham 20 investigate the conduct OF the
militia on guard az the Jail when Hor-
acc Naples. negro. was lynCleu,
Monday began taking evidence. Col.
T. S. Frazer. OK Union Springs. Capt.
W. J. Walden. OF UniontOwn. and
Capt Z. d. Smith. Of Birmingham,
compose the court
Captain Robert l. Hay. % COmpsny
+: Lieutenant Thomas p. Hay and
Second Sergeant Joseph Brock were
the first examined when the investi-
cation began. According 20 the testi-
mOny OF Captain Hay. DO was 10 re-
ceiye HIS orders from the sheriff
Capt Hay testified that his pickets
were posted on the st2irvays. and
that the sheriff had cautioned the sol
diers not 20 allow any one 10 come up
the stairway. and not 70 shoot until
no ordered. After the mob had bro
/ ken IN the back door and started the
/ IRE. the men begged either 20 be al
lowed TO shoot or 20 be ordered out
OF the building. In the meantime.
the mob was calling 20 the sheriff
and telling him that il be would sur
render the negro, the fire would be
( exinguishec. The sheriff finally &C
ceded 10 the wishes OF the mob. az the
same time ordering the militia out
OF the building. Sergeant Brock sub
stantated the testimony Of Captain
Hay. Lieut. Hay testified that he
went to the assistance of A sentry
and was cut OF by the rush OF the
mob and could not get back % the
Jail.