The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1908-11-26
THE TRIAL OF MILITIAMEN
SPAKTANBURG SOLDIERS HELD
FOR DlSOBEYING ORDERS.
First Trial of this Character in the
History of South Carolina-Im-
pressiye Proceedings.

Spartanburg, November 1S.-Pri-
Yates Simpson Rogers, James Wild,
Lester Holt, NJ. c. Quinn and w. A.
Holt of the Hampton Guards, Com
pany l, First infantry, n. G. S. c.,
were courtmartialed here to-day up
on the charges or desertion and neg
lect of duty on October 10, when
their company was called out to
guard the county jail against the
mob surrounding it and threatened
to take out the negro John 1rby and
lynch him for attempting criminal
assault upon Miss Leila Dempsey.
Privates Lester Holt and M. c.
Quinn pleaded guilty to the charge
of desertion. w. A. Holt was charg-
ed with three offenses-conduct pre-
judicial to good order and discipline,
violation of the 42nd article Of war,
and disobedience to orders. He
pleaded guilty to the second charge,
and not guilty as to the third and
first. :
The case against Clarence Cobb for
desertion was mol pressed, as there
was no evidence to show that he had
disobeyed any military rules.
The court, which was held in the
Office of the chamber of commerce.
was presided over by Capt. P. K.
McCulley, Jr., adjutant OF the F1rst
regiment, Anderson. He was the
senior officer of the three appointed,
and by law thepresident of the court.
The other members of the court
were: Capt. H. c. Hunley, captain
of Company c., Morgan Rifles of
Clinton; Capt. R. F. Watson of Com
pany A, Greenville, and Capt ].
Frost Walker, Jr., captain OF Com
pany NJ, Union, who acted as judge
advocate for the court. Attorney H.
L. Bomar represented Privates Rog-
ers, Wilds and Lester and w. A.
Holt.
Dignity marked the proceedings of
the court, and all were impressed
with the thoroughness with which
the matter was threshed out.
Contention of Defense.
The contention of the defense was
that, having turned in their uniforms
and arms and, that having attended
no drills for some time prior to Oc-
tober 10, they did not consider them
selves liable to duty The court held
that they having enlisted on NoVem-
Der /, 1906, their term of service DID
not expire until November l, 1903,
and not having written discharge
handed them by Capt. S. j. Nichols,
signed by the colonel of the regl-
ment, they were still members of the
Hampton Guards company on the
10th of October, 1908, and were II
able to duty.
officers of the Hampton Guards
company testified that the accused
men had been summoned. The ac-
cused testified that they had not been
notified and produced a number OF
witnesses to prove that they had not
been. The court held that no matter
whether they were personally notl-
fed or not, if they knew their COM
pany had been called out for service
and did not report for duty they were
guilty of disobedience to military
discipline.
Testimony was brought out by the
State to the effect that Private Jas.
Wilds had been personally notlned
and that he refused to respond TO
the call, cursing and swearing when
Corporal Holt carried him the or
ders; also that on that day he was
seen about the walls of the jail yard
with a shotgun on his shoulder.
After hearing the testimony and
arguments, the court decided to In
crease the bond of Simpson Rogers
and James Wild from $50 to $500
each. John A. Law, president and
treasurer of the Saxon mills, went
on their bonds. :.
The bond of the others was left at
$50 each.
The finding of the court will not
be made known until it has been
passed upon by Col. Lewis, and the
public will not know under 10 days
at least what penalty will be imposed
upon the accused.