The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-12
Members Of Court VIII Make
a Verdict and Submit II
TO the Governor
ELOQUENT ARGUMENTS MADE
Mr.. Lomax Declares That the Case Is
Conspiracy Of Higdon's Friends
to Drive Kyle From the
Regiment.

Montgomery. January 11.-(Special)-
The open sessions of the Kyle courtmar-
tial were terminated tonight, all evidence
having been completed and exhaustive ar
guments made by counsel.
Local interest in the case reached its
highest pitch today. 1t was expected that
the final arguments would be made and
the court room was crowded with spec
tators As on former days the women
were in majority. People went to the
court room anticipating an unusual flow
of eloquence and fiery sarcasm. and they
were not permitted to 60 away in dis
appointment.
Hon. Tennent Lomax made the opening
speech for the accused during the after
noon session. and the argument proved
one of the most mastery ever delivered
by the talented young lawyer. The spec
tators applauded his eloquence while tell
ing Of the Spartan courage Of his client.
and both men and women were moved to
tears by his pathetic references. He
spoke for two and a quarter hours. TAX
ing up separately every point in the case
and thoroughly sitting It,
General Oates made the closing argu-
ment at the night session, and while no
attempt was made at oratory, the dis
tinguished lawyer made a strong and
lucid presentation Of his side of the case.
Judge Advocate J. g. Hubbard closed
the argument In a very brief speech. sum-
ming up the evidence and citing authori-
ties The court went into executive ses-
sion at 10 o'clock. They will consider The
evidence and write a verdict, which will
be sealed and sent TO the Governor, as
commander-in-chief, through regular mil
itary circles. The Governor will consider
the matter, and make known the verdict
together with his endorsement whether
approved or set aside. A verdict will
probably be reached by Monday. Colonel
Kyle will not be detained in Montgomery
awaiting the announcement of the ver-
dict. He will leave for home tomorrow.
Colonel Higdon and a majority of the
Court Opens.
The courtmartial convened this morning
at 10 o'clock with a full membership.
The Judge Advocate announced that he
desired to have all former evidence veri-
fed and signed before concluding the
rebutting testimony.
The testimony taken yesterday of
Messrs Barns, Brown, Kennedy, Lam b
and Parkes was read and signed. AT
the conclusion of the reading of Captain
Kennedy's testimony, he was questioned
as to the military character of Colonel
Kyle. He answered that he knew little
about the military character of the accus-
ed Had never seen him wear uniform
OF the Alabama National Guard.
When Captain Kennedy concluded Colo
rebutting certain testimony by Lieuten-
ant Colonel Kyle
Colonel Higdon testified as follows:
Judge Advocate: Colonel you testified
that you received certain telegram from
Mcdonald after the discharges had been
delivered to Major Kyle and some others
had been delivered to the pay master or
mastering officer-did Lieutenant Van
Deusen say anything to you about what
should be placed on those discharges be-
fore they were delivered to the pay mas.
ter or who ever you delivered them to
A. He did not the discharges were sent
to Lieutenant Van Deusen to be signed
first and then delivered to the pay mas
ter. I received this telegram from Colo.
mel Mcdonald several days after they
had been delivered. all of them had beer
sent out of my office when 1 received that
fol T4I I-T
Conversation With Van Deusen.
Q. Did you have any conversation with
Lieutenant Van Deusen with reference
to the matter? A. After I received this
telegram from Colonel Mcdonald, took
it and wrote on the back when the colonel
of the First Alabama desires any infor-
nation from Colonel Mcdonald or any
one he will apply for it. l returned the
telegram to Lieutenant Van Deusen and
he told me that he wanted me to under
stand that he had nothing whatever to do
with the matter. just simply transmitted
the telegram he received from Colonel
Mcdonald.
Q. That was after the discharges were
put in his hands? A. Yes. sir.
Q. The discharges of Majors Kyle and
Smith had the pasted slip on them before
you ever saw Van Deusen or this tele-
gram? A. Yes, sir; several days be-
fore.
Q. Did you have conversation with
Lieutenant Vert at the last encampment
of your regiment In which you stated to
him that you had received a communica-
tion from the adjutant general of the
army in reference to ousting Kyle?
Mr.. Lomax-This has all been gone over
and he can't call the witness back and
let him hash his testimony. There was
no way in which we could get In Lieuten-
ant Wert's testimony except to lay the
proper predicate to contradict him. which
we did.
The Court-What was the question?
Judge Advocate--I asked him If he ever
had q conversation at camp in which he
asked Vert TO vote for Captain Harrison,
and that he had communication from
the ad1utant general OF the army that
he could GUST Kyle.
A. 4 never did have a conversation
with Vert along this line
@. Did you eyer get the ruling from the
adjutant genera on thsf? A. Never did