The Montgomery advertiser., 1902-01-04

There was considerable further evi- delice concerning the discharge of the officers of the 1st Alabama Volunteers and the Judge. Advocate objecte1 to questions relating to the discharge of all officers except Lieutenant Colonel Kyle. This objection was argued at some, length the lawyers for Lieutenant Colo- nel Kyle contending that the question was relevant to show animus against the accused officer.
 The point apparently gave the court some difiiculty and after deliberation the objection of the Judge Advocate was overraied. HN
 The question was asked again and Colonel Higdon said that he had pre- pared discharges for Major Tom O, Smith, Major D. D. Mcleod and Major O. Kyle. They set out that each of these officers had served faithfully with one exception. Upon the application of Major Kyle he had specified the exeep- tion in his discharge, that he had been guilty of a breach of discipline.
 Refused to Resign.
 Then Colonel Higdon testified that the three Majors, Kyle, Mcleod and Smith called on him at Miami and told him they represented forty-five of the fifty officers of the regiment who desired him to resign. He replied that he repre- scented 1,3oo men and he would not resign. There was no further discussion of the matter until the time came for the regi- ment to be mustered out,
 At this point In the testimony Judge Advocate interposed 8 strenuous objec- tion to the line of evidence. He said that the accused officer was undertaking to try Colonel Higdon for his conduct during the Spanish war. The officers. he said. were at that time in the ser vice of the United States and the actions of the officers at that time was wholly incompetent and irrelevant as testimony before the courtmartial.
 General Oates and Mir. Lomax replied to the Judge Advocate. They contended that they had a right to show personal feeling between the two officers.
 The specific question to which the objection was made was if an army officer did not tell Colonel Higdon that he had no right to put derogatory mat ter upon the discharge papers of Major Kyle.
 The court held a consultation without retiring, and Colonel du Mont announced that the objection of the Judge Advocate was overruled.
 Continuing his testimony, Colonel Hig- don said that after he had given Major Kyle his final discharge, he received a telegram from Lieutenant-Colonel Mo- Donald. an army officer, referring him to army regulations that he had no au- thority to put derogatory matter in a discharge without due notice being given. He said he knew the. army regulations when he had the first discharge papers drafted. He simply put the exception in the papers in order to get an explanation from the three majors of their conduct. When he got a satisfactory explanation, he said, he gave them honorable dis charges from the service.
 The defense then introduced in evidence the discharge papers of Major Osceola Kyle and Major Tom O. Smith from the volunteer army service of the United States,
 Kindest Personal Feeling.
 Colonel Higdon said that after the sat- isfactory explanation of the trouble be- tween Lieutenant-Colonel Kyle and him. army, he had the kindest personal feel ing for Lieutenant-Colone Kyle.
 General Oates asked Colonel Higdon to explain the nature of the satisfactory explanation" made by Lieutenant-Colonel Kyle.
 The Judge Advocate objected, and the objection was overruied.
 Continuing his testimony, Colonel Hig- don said that he could not remember the entire conversation between Lieutenant Colonel Kyle and himself Lieutenant Colonel Kyle. he said. had explained to him that an officer who is now dead was at the bottom of the whole trouble. He regarded the explanation of Lieutenant Colonel Kyle as satisfactory and agreed to give him. clear record.
 General Oaates then left this phase of the subject and examined Colonel Higdon touching his inspection trip, He brought out the fact that the two officers met while Colonel Higdon was in Decatur, and that they discussed the affairs of the regiment. He said he was not sure, but he thought some one told him Iieuten- ant-Colonel Kyle was then holding the Circuit Court in Decatur. Colonel Hig- don said he did not ask Lieutenant-Colo- mel Kyle why he failed to accompany him or why he had failed to answer his let ters.
 At 4:30 o'clock the court. for the first time during the proceedings, retired to consider legal points involved. The of- ficers were absent but five minutes. and General Oates resumed the cross-examin- ation of Colonel Higdon.
 He said that in his conversation with Lio outenant- Colonel Kyle, while in Deca- tur, the inspection trip was not men, tioned.
 Then Colonel Higdon was asked about the encampment. He said when he sent a telegram to Colonel Kyle. ordering him to report for duty at the encampment he did not have posi- tive information that Lieutenant-Colonel Kyle was in New York city. The tele- gram was returned to him by the tele- graph company with the information that the Gele gram was not delivered to Lieu tenant-Colonel Kyle.
 General Oates questioned Colonel Hlg- don about his conversation over the tele- phone with Major Mcconnell Colonel ITigdon said Major Mcconnell did not tell phone him in August that Lieutenant- Colonel Kyle had returned to Decatur. The with. ss said he did not request Ma jor Mcconnell to let him know when Lieutenant Colonel Kyle returned to De- catur.
 Was an Official Letter
 The last letter written by Colonel Hig don to LIeutenant- Colonel Kyle, which brought out the letter on which the charges are based, was an official letter, in the opinion of Colonel Higdon. When Gent ral Oates asked him what law au- thorizod him to write such a letter to his Lieutenant Colonel, the Judge Advocate objected and the objection was sustained
 Colonel Higdon answered, however. that he held as commanding officer of the reg iment, he had a right to issue any order to his inferior officers for the good of the service. He said he claimed that it was his right and his duty to demand the res ignation of an officer when 1t was for the good of the service.
 The Judge Advocate moved to exclude this part of Colonel H gdons testimony h.a h.. hot [