The Montgomery advertiser., 1902-01-03
CHARGES ANSWERED
 BY LIEUT.. COL. KYLE

lay predicate for an appeal from the decision of the courtmartial to the State Supreme Court.
 At the conclusion of the reading of tho answer of Lieutenant Colonel Kyle, Judge Advocate Hubbard the issues and that the next step would be the taking of evidence. He stated that under the regulations the witnesses should retire from the hall and that each of them should be sworn as he went on the witness stand.
 All of the witnesses. including Colonel Higdon. were asked to stand and were requested to retire from the hall. By consent of both sides Adjutant General Brandon was allowed to remain.
 First Witness Examined.
 Captain Walter E. Gardner, quarter master of the 3rd Infantry was the first witness for the State. He was Sergeant Major of the regiment up to September 1S. 1901, and as such had charge of the regimental correspondence. By consent Judge Advocate Hubbard examined Cap tain Gardner first and he was permitted to remain In the hall throughout the courtmartial proceedings to assist the Judge Advocate In conducting the case.
 Captain Gardner Identified the ofiicial order book of the 3rd Infantry and swore to the correctness of certain orders and letters mailed to Lieutenant Colonel Kyle by Colonel Higdon. Ills testimony was frequently interrupted by objections from counsel for Lieutenant Colonel Kyle and each point was argued by the lawyers and passed upon by the court.
 Orders instructing Lieutenant Colonel Kyle to accompany the Colonel of the regiment upon an inspection tour were read to the court by Captain Gardner. He also swore to the correctness Of an order instructing Lieutenant Colonel Kyle to attend the annual regimentai encamp- ment in Birmingham in July. The court ruled out of order letter from Adjutant General Brandon to Colonel Higdon re- Questing him to suggest date for tho inspection of the companies of his regi- ment. It was evidently the intention of the Judge Advocate to show that the order to Lieutenant Colonel Kyle in- structing him to accompany his colonel on an inspection tour was based upon this letter from the Adjutant General Captain Gardner swore that the several letters and orders mailed by Colonel Higdon to Lieutenant Colonel Kyle were written by him-the witness--by direction of Colonel Higdon.
 Cross Examination.
 Upon cross examination which was com ducted by General Oates, Captain Gard ner was asked if he did not know when the order was mailed to Lieutenant Colo mel Kyle instructing him to attend the encampment that tho Lieutenant Colonel was at that time in New York City and Captain Gardner replied that he did not. He said further that he had not at any time known that Lieutenant Colonel Kyle was in New York city during the encampment. .......
 J. P. Lantznester, a citizen of Birm- ingham. and clerk in the employ of the business house of Colonel Higdon, follow ed Captain Gardner. He idehtifed the personal letter book of Colonel Higdon and recognized a personal letter written by Colonel Higdon to Lieutenant Colonel Kyle on May 18th, 1901. This letter was marked Personal and expressed regret that lieutenant Colonel Kyle had failed to accompany the inspecting party.
 MT. Lomax interposed an objection to the introduction of the letter as evidence and the objection was sustained.
 "The court will sustain the objection" said Colonel duMont. Tt Is q personal communication and we do net see that 1t has anything to do with the case
 This statement from the president of the court Is regarded by the friends of Lieutenant Colonel Kyle as a point in favor, inasmuch as 1t IS said he will un- dertake to show that his letter to Colonel Higdon upon which the charges are Daseu were or q peESOnai nature ana not within the Jurisdiction of the court.
 At o'clock Lantznester was dismissed and Colonel duMont said that owing to the fact that 1t would be necessary to give the official stenographer ample time to transcribe his record. the court would adjourn until 10 o'clock this morning
 Later in the evening a lengthy con- ference was held in the hall of the House of Representatives between counsel rep reesnting Lieutenant Colonel Kyle and his witnesses.