The Montgomery advertiser., 1902-01-05
COURT</ TAKES NEEDED REST
Adjourned Last Night to Meet Again Friday---M Will NotDraw
 Pay During That Time.

| tenant of an Anniston company. Appeared Without Sword. Major H. H. Mcconnell of Anniston was l called to read his former testimony. He i appeared without his sword and was ask l ed by Colonel du Mont if he did not know | that he should wear his side-arms. He | offered an excuse and was ordered by the ! president of the court to secure his side arms at once. The young Anniston officer | retired and soon returned wearing his full military regalia. Major McConneirs testimony was read | to him by Stenographer McGauly. At the conclusion of the reading. Major Me- Cornell was briefly examined. He swore positively that he had never told Lieu- tenant Vert of Decatur that Colonel Higdon had ar opinion from the, Judge Advocate General of the Army that he Colonel Higdon) could oust Lieutenant Colonel Kyle. Major Mcconnell said that he had taken a great interest in the election of Colonel Higdon and had agreed to resign his. commis sion as major If the office could be used to advantage by
 Colonel Higdon. Major Mcconnell said he was an officer in the National Guard
 at the outbreak of the Spanish war. but did not volunteer and was not i'll the | army service. He further testified that | he was very friendly to Leutenant-Colo- | ncl Kyle. -t ..... .a+ At 11:25 o'clock the reading of all the 1 testimony of Friday. which had been l transcribed up to that time. was com pleted, and w. A. Hasson of Anniston | Gadsden company during the encamp- | ment of 1901. ,f.s
 Did Not Sign Paper. Mir Hasson was shown a paper signed w. A. Hasson. First Lieutenant, Com | pany c. 3rd Infantry" purporting to be | his resignation from this office. The wit | ness read the paper and deliberately and | emphatically declared that he did not sign the paper. did not see 1t and did not authorize 1t. The witness was an of- l fcer. in the 1st Alabama volunteers dur 1 ing the Spanish war and was one of the forty-five officers who signed request | for Colonel Higdon to resign as comman- | der of the regiment. He said the resig- ] nation was requested becauses Colonel | Higdon was regarded ais wholly unfit to | command He said the conduct of Lieu tenant Colonel, Kyle during the Spanish | war was very good indeed" . q | On cross-examination MT. Hasson said he was not friendly toward Colonel Htg- | don. r.tit ,J, pa.4 MT Lomax objected to a question con- cerning a meeting of officers of the fst | Alabama volunteers before the regiment | left Mobile, and before Colonel Efigdon | was mustered into the army service. The
 Judge Advocate. addressing the court, 1 said he proposed to show that the wit | ness was present at this meeting of of- ] ficers. and that each and every officer, including the witness, had pledged hie support to Colonel Higdon and said he preferred him to any other commander. | The court considered the objection, and | it was sustained.
 Lieutenant Hassor said he wrote res- | ignation during the encampment in Bir- mingham in 1901 assa matter of instruc- | ton. Each officer of the regiment was | ordered by Colonel Higdon to prepare an | official communication for instruction,
 and the witness prepared a resignation | which was typewriter. The resignation, l he said. was improperly prepared and he | withdrew 1t. but did not receive the original copy. The resignation forward ed to the Adjutant-General was written
 with pen and ink, and is not in the hand writing of MT. Hasson.
 Questioned by. members of the court. Mir Hasson said that his resignation had been accepted by an order from the Governor although 1t had not been l legally submitted by him and in his opinion he was still an officer in the Gadsden company.
 Why are you not here then in uni form" cnquired Lieutenant Colonel Mo Dowell of the court.
 "Becaust l was not ordered here
 through military channels" replied Mir.
 Hasson. T was summoned as d civilian" .- H'>
 The alleged resignation of W. A. Has
 son as an officer was introduced in evil
 dence by Mir. Lomax.
 The witness was excused and the court
 retired. for ten minutes, after which
 Major W. J. Parks cf' Birmingham was
 called and sworn
 Major Parkes on Stand.
 Major Parkes was captain of company
 ill the 1st Alabama Volunteers during the spanish war. He tcstihed that the
 resigna ton of Colonel Higdon was re-
 qnested by the officers beforr tho matter | of mastering out came up. His resigna-
 tion was desired by the officers because
 he was regarded as unfit to command the
 regiment.
 So far as l was personally concerned"
 said Major Parkes, II did not consider
 Colonel Higdon competent to command
 the regimeht."
 Major Parkes testified that he was the
 senior Major of the 3rd Alabama h.
 fantry Curing the election for Colonel
 in the spring of 1eW. The witness sad
 he wrote to Lieutenant Colonel Kyle that
 his (kyle) Gftice twas being traded on by Colonel Higdon
 Coming down to the military conference
 recently held in Birmingham, MT Lomax
 asked the witness,if committee was not appointed at this conference of officers | to wait upon the Governor.
 Major Parkes replied that d resolution
 was adopted by the copference pledging | tho officers to secrecy and he could no; 1 answer the question.
 The court ruled that the witness must
 answer Major Parkes replied that
 committee was appointed by the meet l ing to see the Governor. and communi- cate to him that the Adjutant General | had purposely named a biased court
 to hear the controversy; that the court
 was prejudiced in favor of Lieutenant | coloney Kyle and that the officer of the | Admtant General was being conducted tn | an improper manner. He said when the resolution was adopted he 1.-the witness, r meeting announcing that 'ould not be a party to
 
 testified concerning :tion held at the en. 1 during which he re-
 communications prepared struction. Among them resignation prepared bs 1 lieutenant of the Gads- ho asked that his paper | I