The age-herald., 1902-01-04
FOR FOUR HOURS HIGDON AIRS
 OLD FIRST AL ABAMA, WRANCLE

4-4~AA~%44~%~-<] < 'Lieutenant-C Colonel Kyle was a ' . good officer with one exception . < and that was when his breach of ' @ discipline came near causing mu- . -~ tiny in the regiment. ' AS to my election as colonel of z . the regiment l authorized Captain ' . Kennedy to out-trade them and he ' < did it. I was elected % Colonel Higdon. .
  was familiar with these facts while testi- flying as to good character of Kyle.
 The judge advocate sought to enquire of witness as to Colonel Higdons character but objection was sustained.
 H. H. Mcconnell, major in the third reg iment, was the next witness for the state. In reply to question by the judge ad- vocate the witness stated that while in the office of Colonel Higdon few days prior to the election of Higdon as colonel, when Kyle had said to witness that if Higdon was elected colonel he (Kyle) could not serve as lieutenant colonel with respect to himself.
 On cross-examination witness was ask ed If he had not in conversation with Lieutenant Tom West of Decatur shortly after election of Higdon stated that Hig don had said to witness that he proposed ordering Colonel Kyle to inspect compa- nies in the Southern part of the state, and Majors Huey and Parkes to inves- tigate companies in the northern part of state. and anticipating their refusal, they could be courtmartialed and thus rid the regiment of the three. Witness re- piled that he had not had such converse tion.
 The council for accused attempted to extract from witness that he had knowl- edge of the absence of Colonel Kyle from his house at Decatur during the period between the issuance of the order for the encampment of the Third regiment and the holding of the same. The judge ad- mitted the absence from the state of Colonel Kyle from June 18th to August 14th, but did not admit that Colonel Kyle had not received the orders to go into camp,
 Kyle Was Not at Home.
 The witness admitted that he had told Colonel Higdon during the encampm ent at Birmingham that he did not think Colonel Kyle was at home.
 The witness was questioned by the court as to how long before the date of the encampment it was common knowl- edge of such date and he replied about ten days.
 Mailed Order to Kyle.
 Adjutant General Brandon was recalled and. testified that a copy of general order No ordering the Third regiment into camp at Birmingham July 10th, was duly mailed to Colonel Kyle. This order was issued June 18th.
 Colonel Brandon testified to the good character of the accused as a member of the Alabama National Guard.
 What Is his character in the commit nifty in which he lives? asked Mr. To- max.
 q should say it is good; he is a circuit judge"
 Hiedon on the Stand.
 Colonel E. L. Higdon, commanding the Third regiment infantry. Alabama Ma tional Guard was next called and there was a ripple of excitement through the audience which had now grown to poss- bly, two hundred About thirty minutes was consumed In hearing Colonel Higdon identifying the several orders and letters offered yesterday as evidence. The coun- sel for the accused again fought the ad- mission of each of these orders and let ters as evidence, but the court ruled against them in each case except as to the telegram which it is alleged was sent by Higdon to Kyle July 11th ordering the latter into camp at Birmingham The copy of this letter Is supposed to be in ex- istance and within the reach of the court by subpoena.
 The Famous Letter Read.
 Each of the orders and letters were read by Colonel Higdon until the famous Kyle letter was reached The judge advocate read this letter, and though it has been read before the court twice before its reading was the occasion of closest at tention. The judge advocate at first read rapidly but MT, Lomax called for a slow CT reading and the request was obeyed. Colonel Higdon sat silently gazing upon the floor. as if in meditation, while Colo mel Kyle glanced about from one to an- other but most of the time his gaze was fixed upon the witness. When the letter was concluded General Oates asked:
 You do not offer today. I suppose, the letter to which that was response-the letter from Colonel Higdon to Colonel Kyle?"
 Judge Advocate: have no knowledge of any but official letters sent by Colonel Higdon to Colonel Kyle. This is the let ter on which the charges are based
 General Oates: The letter of Colonel Higdon to Colonel Kyle to which that was reply.
 Judge Advocate: That was offered yes- terday by Captain Gardner, and is al- ready in evidence, I understand. This was not offered in evidence
 General Oates: Then am mistaken: go ahead.
 By the Court: I would suggest that 1t would be better to have these two letters offered together.
 Judge Advocate: That is the letter of August 17 from Colonel Higdon to Colonel Kyle. The letter is already in, I believe but Is offered again. I will read the let ter Qetter of August F from Col E. L. Higdon to Colonel Kyle).
 To Colonel Higdon: You say you re- ceived that letter through the mail? A. did, yes.
 Judge Advocate: We offer that letter in evidence.
 Q. By whom was that letter signed? What name? 40. Kyle, Lieutenant Colonel Third Regiment.
 O. Was that letter postmarked De- catur? A. Yes
 O. Did Colonel Kyle reside in Decatur? A. Yes.
 O. Is that his signature to that letter? A. Yes.
 Q. Do you know his handwriting? A. 
 Judge Advocate: We now offer that let ter in evidence.
 O. Did you command the First Regi- ment, Alabama Volunteers, in the Span war? A. Yes