The Montgomery advertiser., 1902-01-12

contradicted by Higdon as to what took place in Jacksonville and as to what took place at Birmingham. Mir. Lomax said the acceptance or rejection of the tes- | timony of either witness was matter | for the court to determine. He pointed I to the testimony of several witnesses to | support the evidence of Lieutenant-Colo- mel Kyle.
 "CoioneI Higdon was contradicted by Major Huey," said Mir. Lomax. He | was contradicted by Major Parkes. He was contradicted by Colonel Smith, He was contradicted by Captain Pride. Colo mel IIigdon was contradicted by Colonel 1 Higdon."
 | MT. Lomax again took up the matter of | the conversation between Higdon and Kyle, and, in dramatic way, detailed the statement of Kyle that he would hold Higdon responsible if he dishonored him in his discharge.
 MT. Lomax declared that the Spartan herosm of old lived today in the heart of the brave officer who was here today and who was trying to be driven out or the National Guard.
 This sentiment was applauded by the audience. Mir. Lomax waving his hand for silence.
 Colonel du Mont arose and rebuked the audience and Mir. Lomax said he agreed with the court that silence sohuld De maintained by the audience, mo matter if this audience does approve the course of my client
 In concluding MT Lomax summed up the case, and the points of defense. He contended that Lieutenant-C Colonel Kyle was not guilty of a breach of military discipline. MT. Lomax closed by telling the court h nf IiayItenant- Colonel Kyle, and as boy he formed a high regard for the honor and integrity of the accused officer.
 At 6 o'clock the court recessed until o'clock. Night Session.
 Immediately after the court reconvened General Oates began his argument In defense of Lieutenant Colonel Kyle. He | said that the case had been warmly con | tested and the Judge Advocate had con | ducted it in an admirable manner. He also congratulated the members or the court upon their untiring. energy. The | people of the State he said owed the officers debt of f\gratitude for despatch | ing the public business by giving 1t all of their time possible.
 General Oates spoke of the excellent argument by his associate counsel. MT.
 Lomax, and said that the case had been so ably presented that hel would be brief. It had been said. General Oates con- ttnued, that Lieutenant Colonel Kyle could have averted the publiicty of a courtmartial and its labors and expense by merely resigning his commission. Lieutenant Colonel Kyle he said was a
 brave and honorable man. He could not retire in the face of fire. He preferred to let a courtmartial sit in judgment on the case.
 Legal Aspect of Case. Then General Oates entered into an argument of the legal aspect of the case. He showed the various offenses against 1 the military laws and quoted from 1 several authorities. He also showed the | power and authority of courtmartial | and concluded that the court had no | jurisdiction unless the offense was com mitted in active service.
 General Oates at some length argued | that there could not have been viola | tion of the articles of war by Lieutenant | Colonel Kyle as was charged. He re-
 minded the court that it was to be gov- | erned entirely by the statutes of Alabama l in considering the case and he asked that | his client be tried strictly according to | the law. The matter of Lieutenant Colo | mel Kyle failing to attend the inspection l trip General Oates said was a short mat l ter to be considered by the court. sHe
 said if there was nothing in the law to
 require Lieutenant Colonel Kyle to go on | an inspection trip the charge of failing | to do so was ended. But he said it
 was shown that Lieutenant Colonel Kyle | as a Circuit Judge was holding court at | the time of the inspection trip and this l was a sufficient excuse even if he had | been required under the law to go on