The Montgomery advertiser., 1902-01-05
KYLE-HIGDON COURT

AILE-nlUDUN CUUM Continued from Page one.) be considered as official Major Parkes did net know whether the resignation was withdrawn.
 The witness testified that Colonel Hig- don was not present at the conference of officers when a committee was ap- pointed to wait on the Governor.
 Major Huey Testifies. .
 Major T. T. Huey of Bessemer. who was defeated by Colonel Higdon for the colonelcy of the 3rd Infantry was next called and sworn.
 Examined by Mir. Lomax, Major Huey testified that he lived at Bessemer and Birmingham is near Bessemer." correct ing MT. Lomax. He said the inspection trip of Colonel Higdon was made last summer without any notice to him and that Colonel Higdon on this trip had in spected his (Major Hueys) battalion.
 Major Huey testified concerning the dissatisfaction of :he officers with the command of Colonel Higdon and com mittee waiting upon Colonel Higdon to request him to resign. He coveresi practically the same ground as other witnesses and declared that the dissatls-. faction with Colonel Higdon was not caused by the matter of musteripg out the regiment. ..
 Major Huey also corroborated the testi-. mony of Major Parkes relative to tie meeting of officers in Birmingham recently at which committee was ap- pointed to see the Governor about tho postpCnement of the courtmartial. He demurred to answering questions about this meeting until the court ruled that he HN Caid the cpJnDni Q appointed was to enquire why Brigadier General Clark had been relieved from duty, why Lieutenant Colonel Mcdowell had been appointed on the court and why Major Robinson had been appointed on the court. He said the purpose of the officers was to give the Governor information which they seemed to think he did not possess Major Huey said he voted against the resolution authoriz- ing the appointment of the committee and upon it's adoption he retired from the meeting.
 Major Huey was cross-examined by the Judge Advocats He said his recollec- tion was that the name of none of the officers composing the courtmartia was embraced in the resolution adopted by the Birmingham meeting. The resolu- tion merely authorized the committee to enquire of the Governor why the courtmartiai was postponed. The rcsolu- ton was in writing. The Judge Advo- cate also developed the fact that Major Huey presented proposition to the meeting to raise a committee to urge d bill upon Congress placing the National Guard under the control of the ogvern- ment The proposition was adopted and Major Huey was appointed chairman of the committee.
 Upon the conclusion of the testimony of Major Huey the court at l o'clock recessed for luncheon.
 Afternoon Session.
 The court reconvened at 8 o'clock and w. E. Wallace of Decatur was called as a witness and sworn. He vas former ly captain of the Decatur company and served throughout tho Spanish war.
 Captain Wallace testified that the char acter of Lieutenant- Colonel Kyle both as a volunteer army officer and as Guards man was good. His character as citi- zen, he testified, was also good The witness said that he was one of the of ficers who asked for Colonel Higdons resignation through committee. It was desired he said, on account of his incompetency and was requested before the matter of mastering out the witness came up.
 Cross-examined by the Judge Advocate, 1dpldln W dlldCe Sdlu ue ulu liOt hitOW II the committee which was instructed to wait on Colonel Higdon told him why his resignation was desired.
 How was Colonel Higdon incompe- tent?" asked the Judge Advocate.
 T can only answer for myself" replied Captain Wallace. "I did not believe he was the man to lead a regiment in case of trouble. l wanted a man who would lead and not follow
 That was merely your opinion?"
 Tt was my estimate of Colonel Hig- don as a man.
 Captain Wallace said he did not feel dissatisfied with Colonel Higdon at the mastering in of the regiment. because he had not been associated with him be- fore. and did not know his character at that time.
 The witness recounted the efforts of some of the officers to remain in the ser vice and the consequent factional fight in the regiment. He said he never heard Colonel Higdon express a desire that the private soldiers of the regiment should be consulted about being mustered out. To the contrary, Captain Wallace said that he had heard Colonel Higdon declare that the private soldiers would not be consulted.
 On redirect examination, Captain Wal lace testified that Colonel Higdon did not drill his regiment but one time during the six months of it's service. In the opinion of Captain Wallace, the Colonel of the 3rd infantry Is not a tactlcian nor a drill-master. In time of war. Captain Wallace said. the regiment was in Mo bile and Miami. He said he was satis- fled that if Colonel Higdon had known more about drill regulations, he would have actively commanded the regiment more than one time. Colonel Higdon, he declared. was entirely satisfactory to him as commander in peace. but when there was a probability of the regiment being ordered to a foreign country. he joined in the request for Colonel Higdon's res ignation.
 Higdon's Testimony Read.
 At the conclusion of Captain Wallace's testimony, Colonel Higdon was again called for the purpose of hearing his stenographic testimony of Friday read. Colonel Higdon sat in the witness chair during the reading of the testimony by the stenographer, which began at $50 o'clock.
 The reading continued until o'clock and 1t had not been concluded when the court took a recess until o'clock.
 Night Session.
 With the exception of a brief eXamina- ton of Colonel Higdon. the night session was devoted entirely to the reading of