The Montgomery advertiser., 1902-01-04
VOTES WERE TRADED
 IN HIGDON ELE(lION
Colonel Says He AuthOriz( Swap ping of 0ffices---MaygAd-
 jOurn Tonight.


 that he had authorized his supporters to trade votes. and that he was elected be- cause he out-traded the other side. Lieutenant-C Colonel Kyle charged in his answer that there were grave doubts as to the legality of Hfgdon's election
 Three sessions of the court were held yesterday and when the court adjourned at II o'clock last night until 10 o'clock this morning it had ten hours of hard service to it's credit for one days work. But three witnesses remain to be exam inad and the officers of the court believe that it will complete it's labors tonight.
 In order to despatch the business of the court, two additional stenographers, J. w. Terry and Porter Mckay, were em- ployed yesterday.
 If the court fails to finish it's work to- day or tonight, it is believed that an ad- journment will be taken until Wednesday of next week, as one of the officers has important business engagements which will call him out of the city Monday and Tuesday.
 Intense in .erest in the case was mani f,sted y,steIaay by the large crowd of spectators present. The gallery was throng d vita ladies, and they remained throughout the sisting of the court, sev- eral of them being in the gallery until a late hour last night
 Colonel Higdon. the accusing officer, was the principal witness yesterday. He was on the witness stand four hours and the extraordinary letter written to him by Lieutenant-C Colonel Kyle was read in his hearing by ihs Judge Advocate. The most iinpo. tant statem2nt made b! Colo mel fiigdon was hIs declaration that he had the right, as colonel Of his T. sinelt to insist upoI the resignation ut alr of f1cer when he deemed it nc ,ssary for the good or the servlce.
 Much evidence was introduced to show that Colonel Higdon was elected to com mand hi, lGiment by reniarka bie poIiti- cal metnoda, dnI that the position of Lieutcnant-Cplonf Kyle Waa offered to more than ona officer in eonsld ration Of his xere HicGtgitsnt NeFt Of the Gads- den company, for example. testified that Colonel 1igaon hao told Eim that he had an op!ni Il from the Judge Advocate Gen. eral of the United States army that he Colonel Higdon) could oust Lieutenant SOlCHcl hylS dIll nuu l1iSultH- ant Vert 10 vote for Captain Harrison Of Oxford for the office when lieutenant Colcnci Kyle had been removed. Session Yesterday Morning.
 When the courtmartial reconvened at 1925 o'clock, Majors W. J. PGrkes of Birmingham and T. T. Huey of Bessemer who had been summoned as witnesses for Lie eutenant-C Colonel Kyle, were placed un- der the rule.
 The first bushes; under the regulations gover ming tn, court was the reading of the Official proceedings of the preceding day. Capt. W. E. Gardner of Birming- ham began to read the stenographic re- port of his testimony. Colonel du Mont President of the court. suggested that it would save time if the entiEe official pc ceedings were read to the court by the official stenoGra pher. Pat McGdaly of Moatgomc ry. MT McGauly read the of ficiai transcription of the record. The reading consumed forty minutes few minor changes and additions were made. and at :05 the formality of reading the record was completed
 MT Lomax then said he would ask Captain Gardner to take the witness stand again. It developed that the de- fendant desired to prove that Captain Gardner has a personal interest in the A. Gardner testified that he was one of three officers, friends of Colonel Higdbn. who came to Montgomery on December g to make inquiry concerning the postpone- meutasfSthe courtmartial from December 10 to. January End.
 Captain Gardner was asked by Mir. I,o- max If these officers did not protest to Govwnor Jelks against one member of the Spurtriartial. being detailed for ser vice.
 Judge Advocate Hubbard interposed A strenueus objection to this line of oues tionine, He said it was an unheard of proceeding to undertake to prejudice the court against witness.
 The objection of the Judge Advocate was overruled, and CaptaIn Gardner tes tified that no objection was made to the Governor concerning the personnel of the court.
 Captain Gardner was then asked for the names of the officers who accompanied him to Montgomery on December g. He answered that they were Captain Hughes E. Kennedy and First Lieutenant l.. C. Brown of Birmingham.
 MT LomaX asked Captain Gardner if himself and, these officers did not have an interview with the Governor relative to this case.
 The Judge Advocate objected, and there was some argument Of the point. Mir. Lomax contended that the point was rele- Vaht Tn that it went to show the interest or the witness. Judge Advocate Hubbard contended that counsel for the defend- ant was making a desperate effort to prejudice the court by attempting to prove that objection hai been raised to the personnel of the court.
 The objection of the Judge Advocate was oVerruled and Mir Lonax was pYo- ceeding to ask the question again. when Captain Gardner arose and addressed the court. He said that the question sought to elicit the substance Of an interview which he had had with the Commander in-Chief of the National Guard. and he might incriminate himself by answering the question.
 The objection of Captain Gardner was sustained by the court.
 Gardner Cross-examined.
 Upon cross-eXamination by Judge Ad- vocate Hubbard, Captain Gardner swore that none of the orders or lstters mailed by Colonel Higdon to Lie ieutenant- -Colona Kyle had been returned to the head quarters of the regiment.
 Captain Gardner was then excIsed. an j. r. Iant-ns ste e Birmingham was cs1 Via testimony If T-u~- de --~. read to him by the stenographer. and he