The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-11

their connection with the Statesboro
incident. Col. George NJ. Napier APP
peared as judge advocate.
The members of the court and Off
GERS and witnesses were in uniform.
In the space reserved for the public
there We're perhaps a hundred persons,
the vacant chairs being largely in the
majority.
The oath was administered to the
members of the court by Col. Napier
and he was in turn sworn in by Col.
Anderson. The oath was also admin
istered to the stenographers who will
take the testimony, Messrs. Kingsburg,
Carr, Haas and Cargil
the charges against Capt. Hitch
were first taken up, Capt Hitch be-
ing represented by Col w. w. Toomer
and Mr. d. C. Barrow. All of the wit
nesses were excluded from the court
room
A formal arraignment and the read
ing of the charges was waived by Capt.
Hitch, but the court insisted that the
charges be read. which was done.
Capt. Hitch's Demurrer.
Before entering into the case Col.
Toomer presented a formal motion to
quash the charges and specifications
against Capt. Hitch.
mot only the defense of Capt Hitch
is involved in this trial. but that of
the whole military establishment, -
said Col Toomer.
In the demurrer interposed it was
claimed that Capt. Hitch had lived
up to the order from the Adiutant
General under which he went to
Statesboro, the order having been
couched in the following language in
part: ION arrival at Statesboro Capt.
Hitch viii act in conjunction with the
sheriff of Bulloch county, and will
adopt such measures as may be deem
ed proper to prevent mob violence to
the prisoners, Cato and Reed and pre-
serve life and property. After the
performance of the above specified
duty Capt Hitch will return to his
home station with his command, car
rying with him said prisoners, if so
ordered by the judge of the Superior
Court, presiding at said trial, or by
the sheriff of Bulloch county"
Interpreting the order to mean that
he was to act in conjunction with the
sheriff, and that he and his command
were subordinate to the civil authori-
ties, the demurrer alleged that the
military were vested with no authority
to act otherwise than under the orders
of, or in conjunction with the civil au-
thorities.
As none of the charges nor the spec
ifications made hereunder charge that
the defendant neglected, refused OF
failed to obey any orders given by the
civil authorities, or failed i'm any way
TO act in conjunction with the said au-
hhorities, or state any orders which he
is alleged to have failed TO carry out
At was asked that the charges and spec.
1fcations be quashed.
Motion n Vital One.
"This motion goes TO the vitals Of
the case for the Defense" said Col
Toomer. 1T makes the military estab-
iishment inferior to the civil authori-
ties. IL was the purpose OF the Gov
ernor TO subordinate Capt. Hitch and
his men 10 the civil authorities. Every
single act has been in accord witt
the civil authorities"
Col. Napier, the Judge advocate
spoke in reply to the motion to quash
II was only necessary TO allege q
basic order under which the tour OF
duty TO be undertaken, the Judge ad.
vocate insisted, and that under that
any dereliction of duty could be showr
while Tor specific charge 1t must bC
brought under Rule q, of the article,
Of war. Authorities were cited in sup.
port OF his position.
After hearing the argument on tht
motion the court retired TO consult az
10 their decision. on their return, Col
Anderson announced that the motion
10 quash would be overruled and di.
rected that the evidence be taken up.
A general plea Of not guilty was
then made by Capt. Hitch TO ali OF
the charges and specifications. A llst
Of witnesses ln the case was then call.
% BY Col. Napier. The witnesses n
Continued on Ninth Page.