The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-30

Il was convicted only of errors of
judgment 1t seems. Errors of judg-
ment tested in what light? Should a
mans conduct under such circum-
stances be judged in the light of after
events, from a 'hindsight' standpoint,
or in the light of the facts as they
were made to appear to him at the
time? Since when has failure without
fault come to constitute a crime?
If lack of judgment is to be classed
hereafter as a criminal offense our
prisons will need to be considerably en-
larged. Since when has defeat through
betrayal by a mans allies come to be
classed as public offense? If failure
without fault is a crime. then the en-
tlre Russian army. now operating in
the Far East, could be convicted by
a court-martial. and in like manner
the japanese, who have so calamity
but unsuccessfully assailed Port Ar
thur, could be condemned.
AS you have apparently never read
the facts in this case, consider with me
Tor moment the circumstances which
environed me about the hour the pris-
oners were taken by the mob on Aug.
10. My commander-in-ch had aban-
doned his post and gone to an EXPOSE
ton in a distant state. The Adjutant
General had left his office and gone to
Carrollton, or elsewhere out of the city.
flee, and nowhere to be found for
more than an hour, while Lit. Col.
Grayson was seeking by telephone au-
thority to bring to my assistance the
reinforcements which 1 had requested
by telegraph.
'NOt Even a Porter There"
Not even a porter could be found
in that office. The judge presiding at
the trial had left without my knowl
edge while the riot was in progress,
and gone to the hotel. The represen-
tative of the railroad, acting, so it is
said, under threats of the mob. re-
fused me the special train 1 had or
dered to take the prisoners back to
Savannah.
Two of the court bailiffs in the
prisoners room were begging the SOL
diers in there with them to be allowed
to throw the prisoners out of the sec
ond-story window to the mob. An
other court bailiff, coming up to me as
friend and ally where l stood on the
front stairway encouraging the troops,
who were holding back the mob at the
point of the bayonet, Unexpectedly as
saulted me. and threw me down the
stairway into the hands of the mob.
From the top of the stairs the
sheriff watched the developments. AS
the crowd rushed up the steps through
the opening thus made on the stair
way he walked across the court room,
caused the door of the prisoners room
to be unlocked by his bailiff inside,
ordered the guards in the prisoners
room to stand aside and let him have
his prisoners, who We're then imme-
diately seized by the mob.
81 Alone Am Sacrificed"
These are the facts. Yet I alone
am declared at fault No one save
j.
all the way down to the court bailiff
who assaulted me. is guilty of a suffi-
GENTLY serious error of judgment or
dereliction of duty to deserve dismiss
sal from office! No member of the mob
is to be even indicted 1 alone am to
be sacrificed! If it were not so Sc
rious it would all be superbly ridicu-
lous.
The feelings which 1 entertain
against the members of the court that
fixed the findings and the sentence
against me, are far from those of re-
sentiment. Many of them were young
men of unripe years and experience.
They were my equals or Superiors in
rank, it is true, but this will mean but
little to those who understand how
rank in the state militia is attained
For the minority on that court, who
ever they may be, 1 have no word of
criticism. The majority who fixed the
findings and the sentence have not
harmed me, though they have done me
a grievous wrong.
my own self-respect has been I'M
touched by their action; the respect
and esteem in which 1 am held by my
friends throughout the state has been
unaffected; I have not been dishonored
in the least, but on the contrary, am
now honored by thousands of patriotic
Georgians who have never known me
before. Their action was only a
manifestation of an inherent weak
ness in human nature. They went
with the current--what they errone-
ously supposed was the current of
public opinion, and now that same
public opinion has spanked them for
their pains.
"Pftiable Weakness in Court"
Instead of standing up like men
and rendering the verdict OF complete
exoneration, which the facts, the law
and every principle of justice demand
ed, they weakly surrendered to the
mob. They capitulated to the clamor-
Gus critics whose cutlery would have
turned in the opposite direction had
they known the facts as the majority
was made to know them by the sworn
testimony. If there was error of judg-
ment at Statesboro, there was pitiable
weakness in the majority of the court
| at Savannah.
But the findings of that court, I'M
der the law, had to be submitted to
you for your approval before the SEN
tence could become effective. If you
read the evidence before aftixing your
approval, your action is all the more
| deserving of condemnation. for your
legal training must have compelled you
| to see, and to know, that the findings
and sentence were grossly unjust and
wholly unwarranted by the evidence.
| IT, however, the public press has cor
rectly stated 1t, you affixed your ap-
| prevail to those findings Immediately
upon the filing OF the report in your
office without reading a word OF the
testimony.
THE nature Of the findings and SEN
tenoe had been rumored abroad. Surely
| you must have had a premonition that
you could not approve them II you first
read the testimony before taking ac-
ton. and, therefore, in order to carry
out your preconceived plan and pur-
pose to sacrifice another in order to
shield yourself, you shut your eyes to
the record. and blindly affixed your sig
nature to the order of approval. How
could you, under your oath of office
and under your duty as a reviewing
authority. approve or disapprove with
out first ascertaining the facts? Gould
any legal sense without your know
ing what You approved?
A CaIIense 10 the Governor.