The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-20

stituencies negro office holders, but when
1t comes to having one of them credited
to Massachusetts, district 1t is a horse
of another color. The Hon. Stephen
Omeara (white) will make the race this
year Allen will continue to work in
the ranks for the success OF the republi-
can ticket.
es->~e% >-|&s-s-s-s-ss-%<4Sss s-s~
s a .sone srst pueta fe'posffion the head
OF the stairs. The mob took possession
of the lower floor. Doors were battered
down, windows smashed, a fire kindied
In the lobby of the jail In full view Of
the sheriff and militia yet no order was
given to fire
Later on another fire was started in
a room not commanded by the guns of
the garrison from their position unless
they could have shot steel bullets through
the floor of the room above, or through
steel door, which was not attempted.
No Orders to Fire.
"Mlssis were thrown and shots fired
by the mob, and the jail was burning.
yet the soldiers received no order to
fire. 1t is but just to say that there
were some brave boys in the company
who would have welcomed the order to
fire. The mayor of Huntsville and the
assistance. knowing the appeals of the
sheriff for aid, and Notwithstanding the
mayor had previously agreed to place
the entire police force at the disposition
of the sheriff
THE regular deputies of the sheriff,
except W. Ward, were not much In evil
dence. Deputy Ward went to the sheriff
| and back on several occasions during the
siege. and was sent for the police and
on other missions but was never ordered
to summons other deputies to relieve the
situation, nor does 1t appear that the
sheriff at any time summoned any special
deputies or any posse to his aid, knowing
his deputies and police officers, d. D..
Overton and J. L. Overton, had free ac-
| cess to him unmoested by the mob.
Finally, after an hour or so, as might
have been foreseen, the garrison became
untenabe from smoke and heat, the
sheriff laid down the keys and walked
! out, followed by the militia 1t appears
that about this time Jailor Giles released
| the prisoner who jumped out of the sec
ond story window and was caught by the
mob and hanged soon after In the court
house yard
"The fire in the jail was subsequently
extinguished after much wanton dam.
age to the county property and danger
and suffering inflicted upon the helpless
prisoners.
Crisis Is Reached.
"The Issue presented to us is clear cut
We have reached crisis. The question
Is whether we shall be ruled by a mob
or by the law Whether we shall have
| anarchy or government. Whether ar
armed and unreasoning rabble whose
J worst passions have been inflamed and
prejudice aroused shall be permitted to
trample our statutes under foot, and open
lily commit the most fragrant and violent
crimes merely because they happen TO
! have the brute force at their command.
or whether we shall say The law is SUI
preme.' II Is the only safeguard OF our
| property. our liberty and our lives.
1T shall be upheld, respected and en-
| forced. If we cannot rise to the emer-
| gency that now confronts u.s. II we can
/ not eradicate the spirit of anarchy from
among us; II we cannot curb the law
| less element of our country. then we have
failed In the highest purpose of govern
ment. our boasted institutions are but
| delusion and a myth.
| "Realizing that this is a supreme mo-
| ment in our history that we must either
/ take a stand for the law today, or sur
/ render to the mob and to the anarchists
for all time; that our actions shall make
for good or evil in future generations.
forgetting our personal friendship and
| affllatlOH ana Win mdllce IoWdruS none,
! but acting only as sworn officers of the
4 state Of Alabama. we. the grand jury
! of Madison county, state of Alabama,
| find that A. d. Rodgers, sheriff Of said
| county. was guilty of willful neglect of
duty. or incompetency In this, that:
Charges Against Sheriff.
q. He allowed or did not prevent the
| lynching of Horace Naples on the sew
enth day Of September. A. D. 1904. said
county.
20. He failed to take proper or neces-
sary precautions to defend Horace Ma
! pies. a prisoner in his custody on the
| seventh day of September. 1904
'3. He allowed a mob, riot. tumult OF
| unlawful assembly to collect and stay for
several hours. towit: for three hours In
the vicinity Of the county jail where such
CONTINUED on Second Paue1