The Montgomery advertiser., 1902-01-04

consideration of his vote and the votes of his two lieutenants for Colonel Hig- don he-Captain Slmpson--could be elect ed Lieutenant Colonel with the assist Ance of the influence of Colonel Higdon. At 5:30 oclock>Generai Oates announced that he was through with the cross-ex- animation.
 Judge Advocate Hubbard examined Col onel Higdon briefly and at 5:3S o'clock he was excused.
 < The most important statement made by Colonel Higdon on redirect examination. was that after his election he observed E Trades were made by the other side, weren't there?' asked Judge Advocate Hubbard.
 "We object" exclaimed Mir. Lomax That has nothing whatever to do with
 What Is sauce for the goose is sauce for the gander." retorted the Judge Ad-
 You don't happen to have the sander in this case" declared MT. Lomax and the spectators laughed.
 The objection of MT. Lomax was sus- tained, and Colonel Higdon was excused
 By consent of the Judge Advocate counsel for Lieutenant Colonel Kyle then O. Smith of Birmingham, whom 1t was said, was desirous of returning home last night.
 First Witness for Defense.
 Colonel Smith formerly commanded the regiment now commanded by Colonel Higdon. He Is no longer an officer of the Guard and did not appear in uni- form.
 He was sworn and testified as to his discharge. He reviewed the factional dif- faculties among the officers during the Spanish war. He said he was senior ma Jor of the regiment and as such WAS Chairman of Committee representing the officers. which called upon Colonel Higdon and asked him to resign. The Committee, he said. told Colonel Higdon to Cuba the officers preferred to go in command of an officer in whom they all had conscience.
 Colonel Smith was shown a statement signed by number of officers of the lst Alabama Volunteers. and printed in a book purporting to be a history of the Alabama soldiers in the Spanish war. This statement set forth that at meet ing of the officers of the 1st Alabama Volunteers Colonel Higdon had said that the private soldiers of the regiment would have no voice in the mastering out of the soldiers. The statement was signed by Colonel Smith and other officers and Colonel Smith swore that 1t was cor- rect copy of the statement He also swore that he served with Lieutenant Colonel Kyle and he regarded him as a good officer.
 Colonel Smith was closely questioned upon cross-examination concerning his conversation with Colonel Higdon about his discharge papers.
 Don't you know, Colonel, that insu- bordination is a blemish on the charac- ter of soldier" asked Judge Advocate Hubbard
 There. was objection by MT. Lomax and the point was argued.
 The court sustained the objection. At the time the request was made for the resignation of Colonel Higdon, Col s.xl CISx&lk xxrkA t.x "a over. He said that It was rumored that the private soldiers did not want to go to Cuba to do garrison duty. Colonel Smith said personally he was opposed to any movement toward the mastering out of the regiment because he did not think 1t was prope~ for the officers or men to start a movement. Colonel Smith tes;i- fled that he was friendly toward Colonel Higdon.
 Then Colonel Smith testified that ha was elected Colonel of the 3rd Infantry, Alabama National Guard upon its reor- ganization and Lieutenant Colonel Kyle was elected Lieutenant Colonel. He said Lieutenant Colonel Kyle did not attend the encampment of 1900 but furnished the proper excuse As an officer of the National Guard Colonel Smith said the character of Lieutenant Colonel Kyle was good.
 cused and the court took recess until >S o'clock.
 Evening Session.
 The night session began at S;l0 o'clock and Judge Advocate Hubbard recalled Colonel Higdon. He was asked if he had any personal feeling against Lieutenant Colonel Kyle since the receipt of his let ter of August 70. Colonel Higdon replied that he felt injured by the receipt of the letter but he had not forgotten that he was a Colonel and the accused ofl- cer was a Lieutenant Colonel.
 ltanfan1rt n company K. 3rd Infantry, stationed at EirminGham. was the next witness for the State.
 Lieutenant Brown was Adjutant of the list Alabama Volunteer Infantry in the Spanish war and prepared the discharges Of all officers. When he was called to the stand 1t was discovered that the record of the court was not at hand and IAeu- tenant Brown was excused
 Captain Pride on Stand.
 This exhausted the witnesses for the State and Captain M. N. Pride was call ed as the first witness for Lieutenant Colonel Kyle. Captain Pride lives In Decatur. He now commands the Decatur Company. which represented that city In the Spanish war as part of the lst Alabama Volunteers. At that time he was First Lieutenant of the company.
 Captain Pride said that when Colonel FIigdon was in Decatur he discussed with him the matter of inspecting the companies or NOrtn AtaDdma. isleulen- ant Colonel Kyle was present during the discussion. He swore he heard I.ieuten- ant Colonel Kyle tell Colonel Higdon that his conrt was then in session.
 General Oates questioned Captain Pride about the reglmental encampment which Lieutenant Colonel Kyle failed to attend Captain Pride said he attended the en- eampment. He said Colonel Higdon ask ed him if Lieutenant Colonel Kyle was in Decatur and he told him he thought he was in New York City. He also swore that he had known Lieutenant Col Cnel Kyle since 1887 had served with him in the United States Volunteers, and with him in the National Guard. His character as an officer and citizen was good.
 The Judge Advocate on cross-examin1- tion elicited the information that the in- spection took place in Decatur at night ard that tse Circuit Court was not in session. Captain Pride said he did not hear Colonel Higdon ask Lieutenant Col onel Kyle for an excuse for his absence. from the inspection and he did not hear Lieutenant Colonel Kyle tender an eX- cusH.
 The witness said he was g warm per sonal friend of Lieutenant Colonel Kyle. He said he was also friend of Colonel Higdor and voted for him the last time he was elected Colonel.
 MT. LomaX secured consent to ask the witness d question ard drew forth the statement that Captain Pride held an un- expired commission is Lieutenant Colonel on the stah of Governor Johnston at the time he voted for Colonel Higdon.
 The Judge Advocate objected to the admission of this statement in evidence and the court retired to consider the point.
 The court sustained the objection of question to be asked if a contest was filed against the election of Colonel Hig-