The Montgomery advertiser., 1902-01-04

to the court for his failure to appear with side-arms saying he was unexpect- edly called.
 Colonel Brandon was sworn. He was handed copy. of an order issued by the Governor June 25. 1901, instructing the regiments to go into practice encamp- ment. He identified it as the official or- der which was sent to Colonel Higdon as comma nder of the srd infantry. The or der was introduced in evidence. The Judge Advocate also introduced in evi- dence the oath of office of Lieutenant Colonel Kyle. Colonel Brandon testified that the practice encampments were held in obedience to the order sent to Colonel Higdon.
 Colcnel Brandon was cross-examined by MT. Lomax. The witness was asked if any part of the State Guard was in active service during the month of May. 1901. He rcplied that 20 far as the records of his office showed. no part of the Guard was in active service in May. 1901. He also referred to his record and said that neither Colonel Higdon nor Lieutenant Colonel Kyle were ordered into active ser- vice during the month of August.
 Spanish-American War.
 At this point. the Spanish American war was touched upon for the first time
 ''Colon:l Brandon" asked MT. Lomax, were you an officer in the Spanish American war;"
 II was, sir" replied Colonel Brandon.
 II object" exclaimed Judge Advocate, Hubbard. ''The question is entirely ir- relevant.
 MT. Lomax addressed the court. He said that the question was merely pred icats to show the character of Lieu tenant-Colonel Kyle as an officer and soldier.
 Colonel du Mont ruled that the question could be asked. but merely for the pur- pose indicated by MT. Lomax.
 Colonel Brandon said that he (the wit ness) was a major in the 2nd Alabama volunteers and Lieutenant-C Colonel Kyle was q major in the 1st Alabama volun- te7rs during thc SpaniSh-American war. So far as he knew, tho record of Lieu terant-colonel Kyle as soldier was good He said he knew nothing of the factional fight in, the 1st Alabama vol urItsers except what he had read in the news pers. Of his own knowledge, he could not swear that Lieutenant- Colonel Kyle and forty-fve officers of that regi- Easfft had asked Colonel HIgdon to re- sign his office.
 Judge Advocate Hubbard took the wit ness and asked him about the character of Colonel HiGdon as an officer and soldier. Mir. Lomax objected and the ob- )eCtiOn was sustained.
 Colonel Brandon was excused and Major H. H. Mcconnell of Anniston, an officer of the 3rd infantry. was called. Major Mcconnell testified that few days be- fore the election of Colonel Higdon, in the office of Lieutenant-Colonel Kyle, he Leutenant-Colonel Kyle--had said to the witness that if Colonel Higdon was elect ed he-Lieutenant- Colonel Kyle-couId not possibly serve as an officer of the regiment as he had no respect for him.
 Major Mcconnell was cross-examined by MT. Lomax.
 Did you not" asked MT Lomax, fin a conversation with Lieutenant Vert of De- catur. tell him that Colonel Higdon had said that he intended to order Lieuten- ant-Colonel Kyle to inspect companies in the lower part of the State and Majors Parkes and Huey to inspect companies fin the northern part of the State in the hope that they would refuse to obey the or- ders and thereby give him an opportun- ity to demand their resignations?" Judge Advocate Hubbard objected and the objection was argued, being finally overruled.
 The question being repeated, Major Mo Cornell replied that he cid not have such conversation with Lieutenant Vert Colonel Higdon did not mention such matters to him. Major Mcconnell said he knew that Lieutenant Colonel Kyle went to New York city. He said he had told Colonel Higdon that Lieutena nt- Colonel Kyle had returned The witness said that he was living in Decatur at the time of the encampnent and that his office was in the same building as Lieutenant Colonel KyIes.
 Judge Advocate Hubbard said he ad- mitted that Lieutenant- Colonel Kyle was absent from the State during the encamp- ment without admitting that he failed 10 receive the orders.
 Major Mcconnell testified that he reached tn" encampment the day 1t be- gan, and that he told Colonel IIigdon he understood that Lieutenant Colonel Kyle was in New York city
 Questioned by Lieutenant Colonel May of the court. Major Mcconnell said he knew the date set fJ.' the encampment of his regiment aboJt ten days before ne received the order.
 In answer to Leutenant-C Colonel Nc Dowell of the court, Major Mcconnell said he learned on the train en route to the encampment that Lieutenant-ColoneI Kyle was absent from the State.
 Colonel Brandon. Adjutant-General. was recalled by the Judge Advocate and tess titied that the encampment order was issued June 9. 1901, and that a copy of the order was mailed to Lieutenant Colonel Kyle at Decatur.
 MT. Lomax took the witness and the first laughter which has occurred in the court room was brought out when Colo. ntl Brandon testified that he should say the character of Iieutena mt CoIonat Kyle is good-hes' Circuit Judge.g TNA Ad- jutant-G General further testifled kk&E the record of Iieutenant-C Colonel NTie as an officer of the National Guard was good.
 At 12:30 o'clock. Judge Advocate Hub hard caused a murmur to run through the throng of spectators by calling to his orderly: Bring in Colonel Higdon''
 Colonel Higdon Called.
 The Colonel of the 3rd infantry came down the aisle of the hall. He wore white military gloves, boots and sword
 Colonel Higdon was sworn. He idcnti- fled and read his commission as colonel Of the 3rd infantry. signed by the late Governor Sanford, which was introduced as evidence. He also identified and read letter he received in April from Ad- jutant-General Brandon. suggesting date for inspection of the companies of the 3rd infantry
 Thnre was objection tu the admission If the letter. and Judge Advocate fIub- bard said he proposed to show thatsCalo-