The Montgomery advertiser., 1904-09-21
EVIDENCE IS COMPLETED
Court of Inquiry Will Report
 Immediately.
Colonel Frnxer Intimates thnt Inves- tiration of IncOmpetency of Of- Hcers May Go Farther Than
 Huntsville Company.

Huntsville. Sept. Especial. )- The military court of inquiry spent all of today hearing evidence relating to Company F, while on guard in the Madison County jail on the night Hor- ace Naples was lynched. The most spicy evidence of the day was given by Jailer Giles who charged that sev- eraf of the men of the company were concealed under his bed and in closets of the building during the assault on the jail.
 The jailer says some of the men of the company gave every evidence of extreme fright. This testimony, how aver. is substantiated by other wit nesses.
 Sheriff Rodgers's testimony was con- tradictory to that of several witnesses preceding him. and he claims that he gave orders for the company to take care of the jail and defend the prison CT. He asserts that he did not order the company upstairs although he or dered the men inside the jail. The military did not give the assistance he expected.
 During the morning session Colonel Frazier of the court stated that the purpose of the court of inquiry is to ascertain if there are incompetent of ficers in Company F, and If so to find who 1t is that is responsible for their holding commissions. He intimated that the investigation would be car ried further than this company.
 The court adjourned this afternoon and the three officers composing it will probably depart for Montgomery to- morrow and report to Governor Gun ningham of the courts finding will be prepared without delay. The general opinion is that on the grounds of inef- f1ciency. the court will recommend that Company F be mustered out.
 Lieutenant Stewart on stand.
 Second Lieutenant E. N. Morgan Stewart was the first witness before the court today. When asked if he had ever read Article 3, Chapter 176 of the State Code defining the duties of a commissioned officer of the Alabama National Guard he replied that he had and was familiar with the duties of an officer. He had never been examine I for a commisson, having been elected by the company in the usual way, and had never been ordered to stand exam ination relative to his competency.
 He attended the Officers School at State encampments. Lieutenant Stew art stated that his commission was dated March 19. 1901, and had expired when Naples was lynched on Septem- ber :. but no successor had been cleo ed His testimony was in part as follows:
 T heard Captain Hay and the sher. If discussing whether 1t was better to get in the jail or stay outside. Later Captain Hay told me that the sheriff had ordered, when assembly was sound ed. all men outside of the pail to get inside, I was told to notify the men on the guard lines to this effect, and while I was doing this the lines on Clinton Street were rushed, and l heard the assembly called.
 T returned to the pail at once and found the company had gone inside, so l followed. After we all got inside we issued ball cartridges and told the boys to fill the magazines of their rifles, and then fill their belts. I expected that the order to fire would be given and I wanted everybody to have enough ammunition. Multi; ball cartridges were left in the chamber of each rife. As every man finished loading. he was stationed on the steps. Sheriff Rodgers told us not to let anybody come up there.
 When the fire was started in the jail Captain Hay and others of us wanted to shoot, but Captain Hay said for us not to do so without an order from the Sheriff. The boys soon began to kick, and wanted to do something.
 
 do anything without Sheriff Rogerss orders. Go see him. The Sheriff was telling the crowd that nobody must come up the stairs.
 Would Wait for Orders.
 Asked what he would do if n. wal the commanding officer of a compa ny on an occasion of this kind and his men were assaulted and shot at, SC lt- ries choked and knocked down, Lnd the
  would he do. the witness repIi d he would not give the order to fire until rold to do 1t. This question was ob- Jected to by the counsel of the com pany on the grounds that it was no. q question of what he would do but a question relative to the witness's con struction of the law
 At this point Colonel Frazer. pre,.- dent of the court, informed the coua, al with all candor that this court of in- qury was appointed to determine the competency of the commissioned off cers of Company F. as well as to learn of their conduct on the occasion ot tho assault on the jail. followed pv ti,. lynching of the prisoner guarded Lv the company. He said the court Is he first of the kind ever held in Alabama and by placing the blame for incom- potency, if there Is any, upon the prom CT parties, 1t may improve the Sc. v!ec of the National Guard in this Statr.
 T mean by this,' he said. that me Investigation may go further back than this company"
 The question was put to the witht 5s In a different form then being asked what he would do if commanding a company under the saInA conditions as the company was placed In the ,ail
 T think 1t would have been my duty to have obeyed the orders of the sheriff." he replied.
 Lieutenant Stewart did not believe the mob could have been held off with the few men in the company. Sergeant Giles was the non commissioned officer who posted the sentries around the jail and after the lines were rushed he ran to the spot and found one of the sentries on the ground apparently hurt and took him to the jail.
 The sergeant was badly beaten by