The Montgomery advertiser., 1902-01-10
LIT. COL. KYLE TOTAKE STAND Will Testify Before Court
 martial Today. COURT MEE.F Ts0cLocK $- May Coz me the Entire
 ling Session
 $ Trial l, ay Conclude Saturday, But It will Be Several Days aGors Verdict is
 Rendered.

The Kyle courtmartial, which adjourn
 ed last Saturday night without complet'
 ing its work. will resume it's labors m the hall of the House of Representatives | at the State Capitol this morning at | o'clock. Several of the officers of the
 court and others interested in the case
 reached Montgomery last night
 Chief interest in today's session of the l courtmartial lies in the fact that Lieu tenant Colonel Osceola Kyle of Decatur, l an officer of the 3rd Infantry, Alabama | National Guard, will go on the stand 10
 testify in his own behalf. He is charged | by Colonel E. l.. Higdon of Birmingham, who commands his regiment, with con
 duct unbecoming an officer and a gentle | man" in that he wrote Colonel Higdon | sensational letter.
 | great deal of evidence submitted | during the sessions last week remains to
 be verified, and the verification oi this | testimony may consume all or the morn ing session today. It was said last night, | however, that in order to save tune, the | court might decide to waive the read | ing of this testimony until the afternoon | session and permit Lieutenant Colonel l Kyle to go on the stand at the morn | ing session. If this be done 1t Is probable
 that the entire morning session will be taken up with the testimony of Lieu | tenant Colonel Kyle.
 Lieutenant Colonel Graph J. Hubbard | of Troy, who is Judge Advocate of the
 court, reached Montgomery yesterday | morning. He was kept busy throughout the day compiling the records of the court and preparing the testimony or | witnesses for verification. He was assist
 ed by Pat McGauly, the court stenog- | rapher.
 Colonel E. H. Graves and Lieutenant Colonel Charles s. McDoweli, Jr., of Eu- faula, members of the court. reached the | city last night. They are staying at | Fleming's Hotel. Lieutenant Colonel | Hubbard is also staying at this hotel. Colonel R. B. duMont and Major Edward M Robinson of Mobile are expected to | reach Montgomery early this morning. Lieutenant Colonel H. B. May the fifth
 member of the court resides in Mont l gomery.
 Lieutenant Colonel Kyle has been | spending the week with relatives in 1 Opelika. He returned to Montgomery l last night.
 l Colonel Higdon, accompanied by Lieu | tenant Lucien c. Brown of Birmingham, came to town last night. They secured apartments at the Arlington Hotel | | reticent and little information is to be had concerning the probable duration of | the court. Lieutenant Colonel Hubbard, | who represents the State as Judge Ad-
 vocate, said last night that 1t was doubt l full if the court would complete its public | sessions Saturday. He pointed out that l the verification of testimony would con- sume considerable time. Moreover, after | the testimony of Lieutenant Colonel Kyle | ic nf VI 1 State will go on the stand in rebuttal, | and it is probable that several new wit nesses will be introduced. When all of | the evidence is In and the case is argued l the court will go into executive session | and may consume several days in | deliberation before it's sealed verdict is | sent to Governor Jelks.
 | A number of officers of the Sd infantry
 will come to Montgomery this morning
 from Birmingham. Among them will De Capt. H. B. Kennedy, who commands a | Birmingham company. Captain Kenne- | dy was an officer in the 1st Alabama vol | unteers during the Spanish war. and Judge Advocate Hubbard will introduce | Eim as a witness to prove the character | CT Colonel Higdon as an officer during that time. Captain Kennedy was originally sum mcned as witness for the State. but when the trial came on he was very i'll
 at his home in Birmingham and could
 not come to Montgomery. He is the of fcer who, according to the testimony of several witnesses, secured the election of Colonel Higdon as commander of the Sd
 infantry by trading the patronage of Colonel Hgdon for votes
 Interest in Birmingham. Birmingham, Jan. 9.-(Special)- E.
 l.. Higdon has returned to Montgomery, to be on hand in the morning on time when the coIVtmartial trial of Leuten- ant-CoIonel osceola Kyle, charged with conduct unbecofhfng an officer and dis obeying orders is again resumed. A large number of witnesses have been summon ed in behalf of the prosecution. and it is rumored here that some very sensational testimony will be brought out.
 Instead of tha trial getting through ip a day or two. the indications today point\ ed to several days more being consumed.
 Colonel HigdOn has had very little to say, If anything. since his return from
 the first session of the trial. It is known,
 however. that testimony will be intro- duced at the trial which at first was not intended to be brought out. Inasmuch as the affairs of the 1st Alabama volunteer regiment, which responded to the call of President Mckinley, were pretty well
 brought out at the first session of the courtmartial. 1t is announced that fur thcr testimony on that score will be in- troduced. Much evidence in rebuttal of tho defendants evidence will also be
 brought out
 A number of witnesses including Capt.
 H. B. Kennedy. will go down to Mont gomery tomorrow morning on the early morning accommodation train.
 Much interest has been aroused in the case around Birmingham. not alone Tn military circles, hut also in civilian cir cles Colonel Higdon is quite popular hereabouts, and the outcome of the case is being anxiously awaited.