The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-09-20
COURT PROBING
The LYNCHING
TROOPS WERE NOT TO SHOOT
Until ORDERED TO DO so BY THE
SHERIFF..

Cant. Hay Testified That His men
Had Been Posted to Defend the
stairway of the Huntsville Jail.
sheriff Finally Ordered Them Ont.
1t Was the SheriG who Surren-
dered the Prisoner to the Mob.
Impeachmcnts Recommended.
Huntsville. Ala, Sept. 19.-The mill
tary court of inquiry appointed by
Acting Governor Cunningham to in
vestigate the conduct of the militia
on guard at the Jail when Horace
Naples, a negro, was lynched, to-day
began taking evidence.
Col T. S. Frazer of Union Springs,
Capt. w. ]. Walden of Uniontown and
Capt. E. D. Smith of Birmingham COM
pose the court.
Capt. Robert L. Hay of Company F,
Lieut.. Thomas P. Hay and Second
Sergeant Joseph Brock were the first
witnesses examined when the investi-
CATION began to-day. According to the
testimony of Capt. Hay he was to re-
ceive his orders from Sheriff Rodgers.
Capt. Hay testified that his pickets
were posted on the stairway, and that
the sheriff had cautioned the soldiers
not to allow any one to come up the
stairway, and not to shoot until he
ordered.
Men Wanted to Fire.
After the mob had broken in the
back door and started the fire the
men urged either to be allowed to
shoot or to be ordered out of the build
ing. In the meantime the mob was
calling to the sheriff and telling him
that if he would surrender the negro
the fire would be eXtinguished. The
sheriff finally acceded to the wishes
of the mob, at the same time ordering
the militia out of the building.
Sergt. Brock substantiated the testi-
mony of Capt Hay.
Lieut.. Hay testified that he went to
the assistance of a sentry and was cut
off by the rush of the mob and could
not get back to the Jail.
Recommended impeachment.
The special grand jury made its re-
port tonight, recommending the inn
peachment of Sheriff Augustus Rodg-
ers. Mayor Thomas w. Smith and
Chief of Police David d. Overton, and
recommending that the police force of
the city of Huntsville be reorganized
The grand jury finds that Sheriff
Rodgers was guilty of neglect Of duty
or incompetency, in that he did not
prevent the lynching, failed to take
proper precautions for the defense of
the prisoner, allowed mob of un-
lawful assembly to remain several
hours in the vicinity of the Jail and
took no steps to disperse the same;
permitted arson in the first degree to
be committed in the jail; allowed the
lives of prisoners under his care to
be jeopardized by fire and smoke; will
fully failed or refused to fire upon the
mob or to order the same to be done
when the mob was besieging the Jail
and assaulting the garrison by throw
ing rocks and other missiles and fail
ing to order or command the mob to
disDerse.
The jury finds that Mayor Smith was
guilty of neglect of duty because he
allowed an unlawful assembly of peo-
pie to throng the streets of the city
for hours and failed to use proper
means to disperse them; failed TO
adopt any measures to preserve the
peace of the city Notwithstanding ar
son and murder were being openly
committed; refused to order out the
fire department to extinguish the fire
in the Jail; failed or refused to send
police protection with the fire depart
ment. etc.
Chief Overton of the police depart
ment is charged with failure or re-
fusal to dispense riot or mob; re-
fusal to carry aid to the sheriff upon
the summons of that officer, and
adopted no effective measures for the
prevention of the mob.
Governor is Commended.
The action of Gov. Cunningham in
order is commended, and in view of
the fact that a military court of in
quiry is investigating the conduct of
the local militia on the occasion of the
riot no comment is made on their ac-
tions except they appear to be under
the command of an officer incompetent
and ignorant of his duties.
The jury returned seven additional
indictments, making twenty-sx in all
and was discharged by Judge Speake,
who commended them for the faithful
discharge of their duties. He said their
action would go far toward removing
the shame brought upon the commu-
y4ftxy hy