The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-11


letter read from Colonel Higdon's copy
book. stating that he would on some given
date inspect certain companies in Major
Huey's battalion The judge advocate
then handed Major Huey a letter signed
by him acknowledging the fIigdon letter.
and ask If the witness could identify
same. This letter was Identified.
Major Huey did not recall in reply to a
question by Mr.. Lomax If the regiment
had been examined on the date appointed.
He understood that 1t had been inspect
ed at later date, of which he was not
| giving notice.
The court then recessed until o'clock
| p m.
When the court reconvened, former
Capt. w. E. Wallace of Company E was
recalled to read and correct his testimony
| of Saturday. When the testimony was
| signed the judge advocate asked the wit
ness If he had not testified that he regard
| ed Higdon as an unfit man far colonel of
a regiment. and eleciting affirmative
reply the judge advocate had him iden-
tity letter written to Colonel Higdon.
Immediately after his last election. in
which congratulations were offered. He
sought to offer this as testimony, but the
defense objected and the objection was
sustained.
Maj. Parkes was not present to sign his
testimony of Saturday, and 1t was tenn
porarily waived in order that the state
could proceed with its rebutting testi-
mony.
Capt Lee Echols of Gadsden was in
troduced to prove the resignation of Lieu
tenant Hasson but the whole of his tes-
| timony was ruled out.
H. w. Burns of Gadsden was next intro
duced He had been a sergeant in Com
pany c. and he testified that he was pres
ent at the meeting of the company when
Lieutenant Hasson turned over his sword
and uniform and made farewell address
The witness thought that Hasson present
ed his resignation, though his m emory
was not fresh as to this. He understood
the remarks of Hasson that the latter
was out of the service. The witness seem
ed very timid.
On cross-examiration Mr.. Lomax asked
the witness If Hasson told the company
goodbye, and upon receiving an affirma-
tive reply he again asked:
did he say goodbye, my sweetheart
goodbye; or goodbye. my 'hunny,' I'm
gomez"
He shook hands with a lot of u.s. the
witness replied.
There was much laughter throughout
the hall, and the court asked that the at
torney not take up further time with
Lieutenant Brown on Stand.
Lieutenant Lucien Brown, adjutant to
Colonel Higdon In the old First Alabama
was placed on the stand and questioned
relative to the interview between Kyle
and Higdon when the latter was given
his discharge. He said he was present
and that the endorsement on the dis
charge was placed there by the stem
ographer in his office.
The witness said that he remembered
the receipt of the telegram, by Higdon
from Mcdonald, in which the latter call
ed the attention of the former that mat
ter derogatory to an officer could not be
placed upon discharge without giving
such officer thirty days of notice. wit
ness said that this message was receiv-
ed two days after the discharge had pass
| ed out from the colonel's hands
The witness was asked If Colonel IIig-
| don had been continually In the service
since his first joining the Birmingham
| Rifles.
The defense objected and the Judge ad-
vocate argued the question on the ground
that Lieutenant Colonel Kyle pleaded
Justification for the letter to Higdon, and
| he now sought to dsprove the charges
contained in the letter, and to do this 1t
was necessary to prove the military
character Of Colonel Higdon. The point
and the court retired for consultation.
President Dumont announced that the
court would sustain the objection for the
reason that 1t did not consider that Col
onel Higdons character was a matter for
this court to determine.
On cross-examination witness said the
conversation took place in his office. He
did not remember If there was a fire in
front of the tent, and did not think the
two officers had any other conversation.
The witness repeated what he had heard
of the conversation that Kyle had said
to Higdon that he wanted it stated upon
his discharge what the one exception
in the endorsement was. Higdon replied
that he did not think he did, and Kyle
again said that he did. The witness was
put through rigid cross ton,
but he stuck closely to this first story.
Captain Kennedy Called.
Captain Hughes B. Kennedy was the
next witness called. Witness said he was
acting adjutant at last encampment of the
| Third Regiment. He was then question
| ed relative to the resignation of Lieuten-
ant Hasson. Witness said Hasson had
signed typewriter resignation, and
asked for official action upon same. This
resignation was never withdrawn, but
remained In the hands of the adjutant
| and was filed with other official papers
At a later date 1t could not be found. and
he had ordered Sergeant Major Gardner
to order an election for the vacancy and
make copy of the resignation and for
| ward 1t to the colonel.
The witness was then asked about the
old First Regiment trouble about muster
ing out. and much Of this m after was re-
hashed. The Witness said tho matter %
mastering out had been discussed before
the asking for Colonel Higdon's resigra-
ton. The paper petitioning Higdon 10 re-
sign had been presented to the itness
for his signature. but 1t was refused Il
was nr. scented by Majors Smith an Nc
| I.eod.
The witness was asked what reason, II