The age-herald., 1902-01-03


 State Auditor e<->< %<<<<%><
 unteer military forces of the state of
 Alabama, is unconstitutional and void in that it does not provide for trial by a
 jury as is guaranteed under the constitu-
 tion of the state of Alabama.
 The accused pleads not guilty to each of the charges and specifications or prac- tically the same language as above set
 out, the answer being used as is suited to l, the charge.
 When MT. Lomax concluded the Judge Advocate said the examination of wit
 nesses was the next order, and he would ask that all witnesses be placed under the rule. This order was granted and the witnesses were ordered to leave the
 room and not to talk about the case. Each , witness will be sworn as be testifies. The | examination of witnesses proceeds very slowly, much time being consumed by the attorneys in arguing objections. Capt. Walter Gardner Testified. Captain Walter Gardner, quartermaster | of the Third regiment. was the first wit
 ness called for the State. He knew the accused to be Osceola Kyle, lieutenant | colonel Third Regiment Infantry, Ala | bama National Guard Had been member National Guard since 1891. Had been sergeant major from April 16 1901. Had had charge of all official correspondence.
 The witness then took letter book and
 identified the copies of orders issued while he was sergeant major and which had
 been introduced as evidence by the State as set out in the specifications. Mir. Lomax objected to the attempt to
 prove the order of date May 7th, as the
 original copy was best evidence Judge Advocate Hubbard said the copy of letters were kept to complete a record and if the State could show that the orders were duly issued and mailed it then devolved upon the accused to prove It's non-receipt Authorities on the matter were offered by both sides. The objection was over
 ruled and Captain Gardner read from the copy of the order addressed by Colonel Higdon to several officers of date May
 7th. He wrote the letter by order of
 Colonel Higdon and had it mailed He
 said he had not seen letter since he mail
 ed 1t and he had no knowledge of its
 return to the postoffice in Birmingham.
 The letter was offered as evidence but
 the accused objected. The objection was
 overruled.
 Letter From Colonel Brandon.
 letter written by Adjutant- General
 Brandon of date of April 30, 1901, asking
 that Colonel Higdon fix some date after
 May 12 on which he could accompany the
 adjutant general to make inspection of
 the companies in the Third Regiment was presented as evidence.
 MT. Lomax objected to the letter be- cause of Its irrelevancy. Because Bran
 don had asked Higdon to fix such date
 1t did not follow that Higdon had au-
 thority to order Kyle to attend the in- spections. The objection was sustained. General order No. 14 calling the Third
 Regiment into camp at Birmingham on
 July 10 was read and offered as evidence.
 MT. Lomax objected on the ground that
 the original order was best evidence. The objection was overruled.
 Witness said copy of the order had been
 mailed to Lieutenant Colonel Kyle. The
 judge advocate asked witness If he had sent telegram to Lieutenant Colonel Kyle. Lomax objected that oral testimony was not sufficient when the original copy could be obtained. The objection was sus- tained, and the question relative to the purported telegram was temporarily with drawn. One of Higdon's letters to Kyle was admitted after objection had been overruled.
 oates-"Did you write that letter or did Colonel Higdon?"
 Gardner-'I wrote 1t at Colonel Hig- | don's dictation and he signed it." Lomax-"You say you mailed a copy of that letter to Colonel Kyle at Decatur?' Gardner-'I did. sir"
 Lomax-"Did you know Colonel Kyle | was in the city of New York?' Gardner-'I did not"
 J. p. Lanznester. J. F. Lanznester was next introduced. | He was resident Of Birmingham. He was shown a book which he identified as
 the private letter book of Colonel Hig-
 don. The judge advocate asked the wit
 ness to read from the copy a letter writ
 ten to Colonel Kyle. asking for his as-
 sistance in inspecting certain companies.
 Colonel Higdon wrote the original letter,
 and 1t was duly addressed to Lieutenant- Colonel Kyle at Decatur. The letter was l marked personal"
 The defense objected to the letter as evidence, and the objection was sus- | tained. l The TitRess was excused and the court adjourned until tomoFrew at 10 oclock.