The Montgomery advertiser., 1902-01-11


 It will be remembered that Lieutenant Hasson swore he had not severed his connection with the Gadsden company.
 On cross-examination, MT. Lomax threw the audience into great laughter by ask ing Mir. Burns if Lieutenant Hasson said. Goodbye, sweetheart, goodbye" or Goodbye, my honey. I'm gone"
 When the laughter subsided, Mir. Lomax drew from the witness the statement that Lieutenant Hasson shook hands with Several of the man. "Washington's Farewell Address"
 MT. Lomax again caused laughter by absent -mindedly referring to the incident as 'washingtons farewell address"
 Colonel du Mont reminded MT. Lomax that the court had no time for frivolous questions. and he apologized to the court.
 Witness Burns was then excused.
 Lieutenant Lucien c. Brown of Bir- mingham was called by the Judge Advo- cate in rebuttal.
 Lieutenant Brown, examined by Judge Advocate Hubbard, testified that he was regimental adjutant of the 1st Alabama volunteers during the Spanish-American war. He said he was present just be- fore the regiment was mustered out at East Lake. when a controversy occurred between Colonel Higdon and Lieutenant Colonel Kyle. He said Lieutenant-Colo- mel Kyle objected to the endorsement on
 his discharge paper, which read to the effect that with one exception Lieutenant
 Colonel Kyle had been good officer.
 Lieutenant-Cslonel Kyle said he wanted
 the exception stated. Lieutenant Brown said Colonel Higdon told Lieutenant Colonel Kyle that he would state the ex- ception and this was subsequently, done. Ind Lieutenant Brown about a meeting of
 officers while the Alabama regiment was encamped in Florida. He said several meetings were held to discuss the ques- ton Of mastering out the regiment. but
 that officers friendly to Colonel Higdon
 were not invited to attend these meet ings.
 Lieutenant Brown testified that he had
 known Colonel Higdon since February,
 1889. He Colonel Higdon) was at that
 time junior second lieutenant of the Bir-
 mngham Rifles.
 The Judge Advocate sought to elicit tes-
 timony concerning the military character
 of Colonel Higdon, when MT. Lomax ob-
 jected.
 The court retired to consider the point and announced that the objection was sustained.
 Judge Advocate Hubbard said he bowed | in humble submission to the mandate of | the court but he desired to enter his | solemn protest against the ruling. | Mir. Lomax crossed-examined Lieuten-
 ant Brown touching the conversation be-
 tween Colonel Higdon and Lieutenant
 Colonel Kyle with regard to the discharge | papers of Lieutenant-Colonel Kyle, but
 nothing new was elicited.
 Lieutenant Brown was excused at 4:4o o'clock, and Capt H. B. Kennedy of Bir-
 mingham was called.
 | Captain Kennedy commanded a con-
 pany In the 1st Alabama volunteers dur l ing the Spanish war, and has been an
 officer in the State Guard fifteen years. He Is at present acting adjutant of the 3rd infantry.
 l Captain Kennedy testified that he was | acting adjutant of the 3rd infantry dur | ing the last encampment. The resigna- | tion of Lieutenant Hasson of the Gadsden
 company, Captain Kennedy said. was | made out In the office of the regimental adjutant and was there signed by Lieut. | tenant Hasson. The witness said the
 resignation of Lieutenant Hasson had | never been withdrawn. This resignation, he said, was placed in his private papers
 and was misplaced. He instructed Cap | tain Gardner to make copy of the resig- | nation and forward it to the colonel of | the regiment. which he did. When Colonel Higdon was asked to re- | sign in Miami, Fla, Captain Kennedy | said, the matter of mastering out the | regiment had been under discussion. He | was not present at the meeting of of- | ficers which decided to ask Colonel Hig-
 don for his resignation. He was asked | by g committee consisting of Majors Smith Mcleod and Kyle, to join in the request for Colonel Higdon's resigna- | ton. He refused to do so. He said the l majors told him that they did not want | to be mustered out; that Higdon was in-
 competent and they wanted to go to l Cuba under Iieutenant-Colonel McDon- | aid. Captain Kennedy said 1t was the general impression that if Higdon got out of the way, Mcdonald would succeed
 him as colonel of the regiment. | Captain Kennedy said that the mem- | bers of his company took Q vote on the | question of being mustered out, and it
 resulted 86 to 16 in favor of being mus | tered out. These returns, he said, were forwarded by him to the Governor of
 Alabama and were reversed before they
 reached the Governor.
 Mir Lomax objected to the admission of
 this character of evidence, and the point
 was argued at some length, the objec-
 tion being sustained.
 | In announcing the decision of the | court, Colonel du Mont instructed Cap | tain Kennedy that he must abstain from
 answering questions when objections were | raised.
 "All right, sir" replied Captain Ken
 nedy, and there was audible laughter in | the gallery.
 Must Maintain Order. For the first time during the sitting of l the court, Colopel du Mont arose to his | feet and addressed the audience He said that he hoped it would not be necessary
 to clear the hall. but silence must be | maintained, the court could not permit | itself to be interrupted.
 When Judge Advocate Hubbard saw
 he could not proceed upon this line of | questioning he announced that he had
 no further questions to ask The de- | lending counsel announced that they did | not care to examine Captain Kennedy, | and he was excused.
 | At 5:15 o'clock Judge Advocate Hubbard said he desired to have a conference with the witnesses for the State, and the
 court took recess for ten minutes. When the court reconvened, William B. Lamb sergeant of Company A, 3rd in- fantry, was called. He was a member of Company k, 1st Alabama volunteers,
 during the Spanish war, and was de-
 tailed as stenographer to the adjutant of the regiment. He testified concerning the discharge paper of Lieutenant Colo mel Kyle, and the conversation between Colonel Higdon and Lieutenant-C Colonel | Kyle. He said Lieutenant Colonel Kyle | insisted unon tho disrhar9e