The age-herald., 1902-01-04
Arbitration Question
 Must Be Settled Today

said today to the Associated Press cor respondent.
 "Our situation is simply waiting one. We have said our last word and do not in- tend to yield one inch of ground. If 1t were not that the Chilians imagine that they have the support of the United States they would quickly yield. In the conference they stand absolutely alone, for though other delegates will not sign the compulsory plan, the Chilian dele gation is the only one that is trying ac- lively to obstruct 1t. On the other hand ten delegations have signed he compulsory plan and seven delegations have no objec- ton to its being reported to the confer ence Thus the Chilans are trying to make their will prevail against the wishes of all the others. I think this Is the only l case on record In which a single deega- ton to an international conference has attempted to boycott and coerce the con ference as a whole. We agreed to sign the Hague convention not because we admire 1t, but as a means of enabling our plan to be reported to the conference. l This compromise was agreed to by all, and certainly understood by all, including the Chilians. Now the latter are attempt | ing to repudiate that compromise and to l induce others to repudiate it."
 -~-<-~-~-<<-~-e-s- -~-~-<-S%-~-<%% when the former was en route to inspect i the Huntsville company The conversa- tion was relative to the inspection of companies in North Alabama but the wit ness did not remember it in full. Said Kyle had told Hidgon that the former was holding his regular term of the cir cult court at Decatur. He had attended the encampment in Birmingham. Hig- don had made enquiry as to the where abouts of Kyle. Witness told him he thought Kyle was in New York Said the character of the accused had always been good as officer and citizen. On cross examination witness said the conversa- tion between Higdon and Kyle at Deca- tur occurred at night.
 Did Not Render Excuse.
 He said Kyle's court was not in ses- sion at night. Kyle did not render ex- cuse for not accompanying Higdon to Huntsville and none was demanded. Wit ness voted for Higdon for Colonel. On re- direct examination the witness admitted that he had been member of the staff of Former Goveronr Johnston with rank of. lieutenant colonel. State objected to the question on the ground that 1t sought to open up the matter of Kyle's election which had already been settled, and the commission issued to Higdon. After hear ing argument the court retired for con sultation. After ten minutes the court returned and sustained the objection but suggested that counsel for accused ask the witness if contest or protest had not been filed by Huey against the elec- tion of Higdon. This question was put to the witness and answered in the af- firmative. The court, through President Dumont, stated that record of this con test was sufficient to cause a doubt in the mind of the accused as to the election of Higdon.
 Captain Simpson Star Witness.
 Capt. R. E. Simpson, Company B,proved star witness. He testified to meeting between himself and Capt. H. B. Ken nedy at Florence in which Kennedy had offered him the support of Higdons friends for lieutenant-colonel If the votes of the two lieutenants of the Flor ence company were cast for Higdon, for Colonel Kennedy had shown him signed authority from Higdon to make trades, with a guarantee to carry them out. Ken nedy had said that with the election of Higdon, Kyle would resign, and thus va cate the office of leutenant-colonel. The witness said he refused to enter into the agreement.
 After the election of Higdon witness wrote Kyle and asked him not to resign in order that Higdon might not carry out his promises On cross-examination wit ness admit ed being very active in oppo- sttion to Higdon and for Huey; was in several Huey cancuses, including one in Birmingham, the object of which was to defeat Higdon. He did all in his power to secure Higdon's defeat.
 Robert L. Brown corroborated the tes- timony of Simpson relative to the Ken nedy conversation. and testified to the good character of the accused.
 c. E. Albes testified relative to the con- versation between Higdon and Kyle at Decatur. He was present at the meeting but left He thought the conversation lasted from fifteen to thirty minutes. He said the accused had a good character. On cross-examination he said he did not take more than casual notice of time consumed by conversation.
 Lieutenant West on Stand.
 Lieut.. T. w. Vert, Company E. Deca- tur, was perhaps the most interesting wit ness in behalf of the accused.
 In answer to a question Vert said Ma jor Mcconnell had told witness that Hig- don had told Mcconnell that if IT rdon was elected colonel he would order Kyle to inspect companies in southern part of the State and Huey and Parkes in northern part a-ley would probably re- fuse and would be court martialed. Wit ness also testified that during the en- campment at Birmingham, Higdon had asked him to vote for Captain Harrison for lieutenant colonel, and witness had given his promise
 By the Court-Why did you promise to vote for Harrison when the office of lieutneant colonel was not vacant?