The age-herald., 1902-01-04

Mexico City, January S-The arbitra- tion situation must reach a crises tomor- row morning as at that time expires the period of "A hours granted to the Chilians by the president of the conference to an- nounce their definite resolution. W. I. Buchanan, who Is the United States member of the arbitration commit tee, held a meeting with high Mexican | officials this afternoon with view to discussing a possible basis of agreement. It is not. however, understood how the Mexican delegation can possibly withdraw | from the compursory plan, as the Chil- | ians want them to do, first, because the Mexicans have signed the plan and sec- ondly, it was made an express condition l by some of the South Am erican dele gates for signing. The Hague convention that the Mexicans should join them in compulsory plan of arbitration. There fore. the Mexicans are in honor bound to stand where they are. The Chilians have made some threats one being that they will withdraw their legation from Mexico if they cannot have their way. l One of the South American delegates l >-<<<<~~~-e1<%<-~- <<->-<<>- ed" the witness declared. The cross-ex- animation closed.
 CoIonel Smith Testifies.
 Col. Tom o. Smith, by agreement, was called for the defense. Colonel Smith said he was major of the First Battalion of the First Regiment in the war with Spain.
 He identified his discharge. It had orig inally cont aimed an endorsement to which he objected, because he did not think the endorsement a fact. His objection was to the statement that his services had been satisfactory except in 'one partic- ular" Upon demand he found that this 1 particular was because he had joined with other officers in asking the colonel l to resign. After protest filed with Higdon he had secured a satisfactory discharge.
 He. with Majors Kyle and Mcleod, had called upon Colonel Higdon as 8 commit tee appointed by forty-five officers of the regiment, to request the resignation of Colonel Higdon on the ground that if the regiment was to go to Cuba that the then lieutenant colonel of the regiment was the man to command the regiment. Higdon had told them that if he was not satisfactory commander they could re- sign and their places could be filed by other brave men in the regiment.
 Would Leave 1t to Vote.
 He was willing to leave the matter to vote of the enlisted men. Higdon and Mcleod had engaged in quite lengthy controversy because of the statement by. Higdon that Mcleod was not a proper man in whose hands to rest the future of the regiment.
 Colonel Higdon left the next day for Birmingham on a leave of absence. He did not have special recollection as to move to have the regiment mustered out. Witness identified a published copy of statement signed by some forty officers by the regiment relative to the misun- derstanding between Higdon and the other witnesses. This statement was a true statement.
 Insubordinatlon a Flemish.
 On cross-examination Judge Advocate Hubbard asked Colonel Smith if he did not know that insubordlnation was a tSemish on the character of a soldier. There was objection and it was sus- tained. At the time the request was made for the resignation of Colonel Hig- den, Colonel Smith said the war with Spain was over. He said 1t was rumored that the private soldiers did not want to
 
 Smith said personally he was opposed to any movement toward the mastering out of the regiment because he did not think 1t was proper for the officers or men to start a movement. Colonel Smith testified that he was friendly toward Colonel Higdon. Then Colonel Smith tes- tlf1ed that he was elected colonel of the Third Infantry, Alabama National Guard, upon it's reorganization, and Lieutenant al r1~ >IA Id = mel. He said Leutenant-Colonel Kyle did not attend the encampment of 1900, but furnished the proper excuses. As an officer of the National. Guard Colonel Smith said the character of Lieutenant Colonel Kyle was good. At 6:15 o'clock Colonel Smith was excused and the court took a recess until 8 o'clock.
 Wheaton Stopped courtmartiaI.
 At the night session Colonel Hgdon was recalled by the State. Witness said that after he had preferred charges against Major Kyle and other officers of the First Alabama. while the regiment was at Jacksonville, he was deterred from asking for a court-martial at the sugges- tion of his superior officer, General Wheaton, who said the regiment had a good record. and as it was soon to be mustered out he thought it best not to break it's record by wholesale court-mar- tial
 r Lieut.. Lucien c. Brown was called and he identified the discharge given to Ma jors Smith and Higdon. The State an- nounced that it would rest.
 Capt. M. N. Pride of Company D was introduced by the accused and his testi- mony covered almost an hour. .The prin- cipal evidence introduced was relative to a conversation between Colonels Higdon and Kyle at Decatur at some date in May