The Montgomery advertiser., 1902-01-05

az U clOths ds a ..The Court finds this adjourn ! Ss ment necessary to enable the Re- ] %~ porter to compile the records to , + date in such manner as to make 1t q Ss possible for the Judge Advocate s S. to put them in proper form so as ] 4 to insure their final disposition. S # The Court takes this occasion ; < to announce that it's members here q ss by waive all pay during the time , sS of said adjournment" S # Judge Advocate Graph J. Hub | < bard addressing the court said that l # he desired to make the same S # waiver of pay during the time of ] # adjournment and the announce ss x ment was entered in the record. A $ E ssas x as $. si.''s $ $
 After three sessions yesterday, cover ing nine hours of work, and listening tc the testimony of four witnesses and the vsriflcation of much other testimony. the Kyle courtmartial, at Il o'clock last night. adjourned until Friday. January l0. at 9; a. m.. to give the Judge Advo' cate an opportunity to compile the record Tho military officers will leave for theii respective homes this morning But one witness, Colonel Kyle himself remains to be examined, and it is under stood that he will go on the stand imme diateIy after the reassembling of tht court. The greatest part of the time Of thu court was consumed yesterday in tht seriaeation of Fridays testimony, whicf was read to- the witnesses and signed b, them. This is a military regulation tha could not be waived. Four new witnesse. were examined. They were Major T. Iiuey Of Bessemer, who was defeated b! Iolonei Higdon for the coloneicyTof tn! srd infantry; Major w. j.. Parkes of Rtf rntngham. W. E. Wallace of Decatur formerly captain of the Decatur com pany, and w.. A. Hasson, formerly frs lieutenant Of the Gadsder compang-
 Colonel Higdon Recalled. Colonel Higdon was recalled, and thu counsel for the defendant secured iron him the admission that he sanctioned thu Visit of three officers of his regiment t' Montgomery in December to see Governor Jelks in reference to the courtmartial He said that In his opinion they cam here for the good of the service. Lieu tenant Colonel Kyle, he said, had beer permitted to use his influence in having the courtmartial postponed, and h' thought officers friendly to him had { tight to inquire of the Governor his req sons for the postponement.
 The tendency of the testimony for thu defense yesterday was to show the in competency of Colonel Higdon to com ,nand, his regiment and his inefficiencJ as an officer. Majors Parkes and Hue. and Captain Wallace, who were officer! in the Spanish war, testified that Colo nel Higdon was asked at Miami, Fla, tC resign his office by a majority of tht officers of the 1st Alabama volunteers because they regarded him as unfit tC command the regiment In contradiction of Colonel Hfgdon's testimony, they alst swore that the factional fight in the reg imcnt was caused by this request upor Colonel Hidon and not because of mus terng out of the regiment.
 Captain Wallace swore that Colone Higdon was incompetent as a drill of dcer and did not actively command th' lst Alabama volunteers but one time during it's six months in the service oi the United States
 Secret Meeting in Birmingham.
 In reference to the meeting of officer. held in Birmingham in December, Ma jol Parkes testified that 1t was said in the meeting that Lieutenant-ColonelM McDow ell and Major Robinson of the court were prejudieed fin favor of Lieutenant-Colo. mel Kyle and that a committee of of ficers was appointed to visit Governor Jelks and acquaint him of their preju dice. He said that when a resolution au' thorizing this committee was adopted Major Huey and himself retired from tht meeting as they deemed it an improper procedure. It also developed that the meeting of officers indorsed a movemen nj on the part of the Assistant Adjutant General of the United States Army tc have Congress pass a bill placing the National Guardsmen of the country un, der the control of the Government.
 Sensational Testimony.
 The most sensational testimony of tho day came from w. A. Hasson of Annis' ton. who was formerly an officer of the Gadsden company. He was shown a pa per purporting to be his resignation which had been forwarded to the Ad' jutant-General by Colonel Higdon and accepted in an order issued by the Ad jutant-General. Hasson swore that he had not resigned; that the paper was not in his handwriting and had not beer authorized by him.
 A large crowd of spectators. most oi whom were ladies. were in constant at tendance upon the court yesterday.
 Morning Session.
 The courtmartial assembled at 10 o'clocl yesterday morning. and Capt w. E Gardner of Birmingham was called, reat his stenographic testimony of Friday, t' which he attached his signature.
 Adjutant-G General w. w Brandon wal called and read his testimony of Friday which he signed.
 Colonel Brandon then went on the wit ness stand again. He testified that h. had received communication purportinj to be the resignation of Lieut.. w. A Hasson of the Gadsden Company. throug military channels. It was endorsed b, the commanding officer of the regiment Colonel Higdon. and was accepted in ; military order. The defense, it is said will endeavor to show that Lieutenau llasson did not resign. and that his sig nature was forged to the alleged resigna tiun.
 Continuing his testimony, Colonel Bran don said that Lieutenant Mason had no protested to the office of Adjutant Gen ersl against the election of his successor