The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-11
Says His Last Letter to HigdOn
Was Purely Personal and
Not Officially Signed
SCENES IN COURT ROOM
At TIMES ARE DRAMATIC
Spectators Apparently Kyle Partisans
and Several Reprimands by the
Court Are Necessary to Keep
orden--kennedy Testifies.

MONTGOMERY January 1O.-(SpeciaD-
The Higdon- Kyle courtmartial reconven-
cd today and three sessions were held.
The proceedings today have been decid-
edly the most interesting of any oay
during the trial. Lieutenant Colonel hyle
was on the stand in his own behalf ana
this was the testimony that the major
tity of the spectators have been anticipat-
ing
The spectators each day have been ap-
parently the most intense Kyle partisans
and they have applauded every point
brought out in favor of the accused.
Colonel Kyle's testimony bordered on to
the sensational ana at times the scenes
in the court room were dramatic
Lieutenant Colonel Kyle related his
story in a clear voice and with candor
Several times the spectators applauoed
and strange as it may seem. each time
the applause came, it was In response
to some statement from the witness which
was more or less discriminating. The
evident fearlessness of the witness was
astonishing. Lieutenant Colonel Kyle
ter hours and each word uttered by him
was caught with intense interest by the
spectators.
State Presents More Witnesses.
At the conclusion of Colonel Kyle's tes-
timony, the defense rested and the state
presented a half dozen witnesses in re-
buttal. This with the reading OF the
testimony of former witnesses consumed
the entire of the three sessions.
The several reprimands of Capt. Hughes
B. Kennedy by the court while on the
.-lnd today was another sensational fea-
ture. Captain Kennedy seemed eager to
answer questions and his attempts to
make replies before the court passed up
on objections raised by attorneys for the
defense were occasions for the repri-
mands.
1t is now believed the trial will be con-
cuded tomorrow night. When The attor-
news are expected to make their argu-
ments A few more rebutting witnesses
will 20 on the stand for the state and
Colonel Eigdon will probably be recalled
to bring out some facts.
Court Called to Order.
The court was called to order this
morning at 9:E o clock
Colonel Hubbard stated that the record
was all prepared UP to Saturday night
except the reading and correcting of the
testimony of the witnesses who testified
during Saturday. AS the witnesses would
not reach the city until II o'clock, he
suggested that the court proceed with the
taking of other testimony. To this all
parties agreed, and Lieutenant-Colonel
Kyle took the stand to testify In his own
behalf.
Colonel Kyle began at 1922 o'clock, and
his testimony was not concluded until
11:02 o'clock.
Was Strong Witness.
Colonel Kyle was an exceptionally
strong witness. After answering a few
preliminary questions as to his position
in the national guard his length of SER
vice. ETC., he related the story of his side
F, of the trouble, which led up to the or
dering of the courtmartial The witness
told the story in very earnest manner.
Those who are familiar with his judicial.
career say that 1t was related much after
the style in which he Is accustomed to
deliver charges to a jury when thorough
ly warmed up to his subject. The witness
did not try to shirk the answering of any
question, and his bold answers to some
questions which were really incriminat-
and more especially from the ladies in
the gallery.
Colonel kyle's Story.
Lieutenant Colonel Kyle told his story
of the trouble follows:
During the Spanish American war 1
was major of the First Alabama United
time on one occasion Major Smith and
Major McCloud and myself. the three
majors of the regiment. as committee
represented forty-five out of fifty commits
stoned officers of the regiment, waited on
Colonel Higdon and asked him to resign
as colonel on the ground that he was
incompetent as an officer to command
the regiment. That was the night before
Colonel Higdon left Jacksonville Fla, on
a furlough to go to Birmingham, Ala.-
q ten days leave of absence After that,
the next day, Colonel Higdon went to
Birmingham and then the newspapers
there started the movement which finally
resulted in the regiment being mustered
out Up to that time no movement nor
ANYTHING had been said of that matter
that / know anything about Well. he got
very mad when we asked him to resign,
and there was god deal of conversation
had between us-Major Smith was spokes-
man, but each of us took part in that
conversation. A few, weeks after that.
when we came to be mustered out In
Birmingham, Ala.-encampment at East
Lake, near Birmingham-to the best OF
my recollection, the 30th day OF october.
1898, the day before we were mustered
out, 1t may have been, however, the 18th
of October, I happened to go into the
adjutant's tent and 1 saw paper there
with my name on it. took 1t up and look
ed at it and it proved to be discharge.
After some complimentary language, II
wound up In this way: He has always
been loyal and honest except in one par
ticular' Well. l did not like that. OF
course. 1t happened that Colonel Higdon
was not about at the time. he was out
at some other part of the camp There
was fre out in front of the adjutants
tent and being raw, blustery day In
October. stood by that fire and waited,
l presume. thirty minutes or longer, Tor
Colonel Higdon to return.
During that time l thought over the