The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-12
BELIEVED MAJORITY OF
ALDERMEN WILL VOTET
ABOLISH FRUIT STANDS

!
In the States history that lieutenant
| colonel had been tried before courtmar-
tial, and the public was greatly interest
ed because of the prominence of the ac-
eused and the punishment which the
court was empowered to impose.
After reference to his regard for the
state militia, Mr.. Lomax took up legal
points.
| Referring to the orders of Colonel Hig-
don to Northumberland Kyle, the
speaker read from statutes to show that
the commanding officer had no right to
Issue orders except when the militia Is
called into active service. The colonel
must have in the issuance of other or
ders the authority and approval of the
| commander-in-chief.
| 1t was farcical for Higdon to claim the
| right to order Kyle to accompany him
| upon tour of inspection. Reference was
made to the duties of the adjutant gen.
| eral to show that he alone had the right
to order inspections of the several COM
panies The lawyer said that in case all
the authorities cited were overruled by
the court. the undisputed testimony
showed that at the time of the inspec-
| ton tour by Colonel Higdon that Lieuten-
ant-Colonel Kyle was otherwise engaged
for the state-holding Circuit Court at
Decatur He could not perform two duties
for the state at the same time.
Correspondence Not Official.
Mr. Lomax next referred to the Kyle
letter, and said that inasmucn as Colonel
Higdon was without authority to issue
the orders to Lieutenant Colonel Kyle, the
correspondence WAS not official.
| AS to the charges preferred under the
articles of war of the United States, the
/ lKar m ah
that the Alabama National Guard was
not subject to such articles except when
in actual service for the United States
The articles Of war were not included in
| the military law of Alabama for the
reason that they were not fully set out
in the act of the General Assembly.
Summing UP the charges and the laws
relative to the same. Mr. Lomax said
that the only charge left for the court to
consider was the absence of Colonel Kyle
from encampment without having rem
dered excuse.
The speaker said the evidence showed
a strong conspiracy on the part of Colo
mel Higdon and his friends against Colo
mel Kyle, with a determination to GUST
him from the regiment II possible. Hig-
dons letters, he said, were written for
this purpose
Attempts to Brand Kyle.
Higdon's letter to Kyle attempted to
brand Kyle as a stingy shirker of duty.
which was insulting, and Kyle had the
right to hurl the insult back
In dramatic manner Mr.. Lomax pro-
claimed that the meaning of this court
martial was that the Higdon faction had
exhausted every means to rid the regi-
ment of Kyle, and they were now trying
before the courtmartial to have him dis
/ 10 No q
composed of good and honest men could
| be party to such a scheme. Every wit
ness had testified to the good personal
character of the accused and the State
had utterly failed to show that his mill
tary character was not good.
While extolling the Spartan-like cour-
age and conduct of the accused, sudden
burst of applause from the audience
greeted the speakers eloqueace, and the
court warned the spectators that this
must not again occur. Mr.. Lomax also
asked that it not again take place, how
ever, much the audience might sympa-
thize with and admire the conduct of his
| client He wastnot seeking applause, but
| justice for the accused.
Mr.. Lomax in closing pictured in beau
| tiful words tJo Youths at school and
how the straightforwardTess, honesty
and faithfulness of the one had won the
admiration of the other which would be
everlasting. The first boy in this case
was Oseola Kyle and the second was the
humble advocate who was then pleading
for the accused, the much loved friend
of his boyhood days.
Oates Begins Argument.
The court recessed when Mr.. Lemax
concluded until o'clock. Immediately
upon reassembling General W. c. Oates
| began his argument for the defense. He
| said that this was the. hottest contest
of its kind that he had ever known, and
he congratulated the judge advocate upon
his admirable conduct of the case and the
court upon it's splendid progress in get
ting through the evidence.
He thought that they deserved the
thanks of the people of the State for their
untiring energy. General Oates also
| spoke In very high terms of the very able
| and lucid argument of the junior counsel.
| Mr.. Lomax The first point touched upon
was that his client could have prevented
this trial by resigning his commission and
| thus saved the publicity of the trial, but
he was too brave and too honorable to
| retire under fire. The speaker then went
| into the merits of the case, touching
I the duty of military officials, the jurisdic-
ton of the court and review of the
| testimony. He went thoroughly into the
| evidence relative to the old First Ala
bama troubles in Florida and said this
tended to prove lack of courage by Colo
| mel Higdon and his i'll feeling toward the
| accused.
| Discussing the Higdon-Kyle correspond
ence, General Oates said the letters were
not to be considered as official. The mere
signing of letter in an official capacity
| did not make that letter official but 1t
J is the subject matter which is contained
in such letter. He quoted from both the
letters to show that they contained mat
ter which made them personally unoffi-
cial General Oates said that Colonel
Higdon had not pursued the proper course
/ with reference to the Kyle letter. If he
though it insulting A duel would not have
| been his only other redress. A court
OF board of honor would readily have
| settled the matter and without the neces-
| sity of blood shed. Higdons letter to
| Kyle, he said. was not official for the
reason that it had not been sent through
| the colonels adjutant as prescribed in the
| articles of war. General Oates closed
his arguments in an eloquent reference to
| the value of a good name. He concluded
| at $40 p m, having consumed an hour
and half in his argument.
Judge Advocates Speech.
Judge Advocate Hubbard made the clos
| ing speech for the State. He said that
counsel for the defense was in error In
the statement that the judge advocate
lad the right to open the argument He
had only the right to make summary
of the evidence in conclusion. He said
that he would not make a lengthy state-