The Montgomery advertiser., 1902-01-04
Yellow Label brOOnnS:
 SAM TRUM
 Sells Them Wholesale and Retail.

the commander during the Spani.h war. With the exception of certain acts of in- subordination, Colonel Higdon said the military character of Lieutennat-Colonei Kyle during the war was good. He said these acts of characterization consisted of disrespect to his comma nding officer, to whom he carried message requesting his resigna tion. This act took place after peace had been declared and some volun- teer regiments were being mustered out of the serl ice. Colon l H gion said the enlisted men desired to be mustered out. and he used his influence to have his regiment relieved of service.
 Colonel Higdon testified that Lieuten- ant-Colonel Kyle had been accorded the same treatment by him he had ac- corded other officers of the regiment. Lieutenant Colonel Kyle. he said. had not at any time participated with the regiment since he Colonel Higdon) was elected it's commander.
 A number of questions were asked by the Judge Advocate to show by Colonel Higdon that the State Guard Is constant ly on duty without reference to orders. Numerous objections were interposed and overruled, and Colonel Higdon testified that the officers were on duty from year to year. and are in frequent correspond ence relative to military duty.
 At this point in the testimony of Colo mel Higdon, the court, at 1:30 o'clock, announced a recess until o'clock.
 Afternoon Session.
 The court reassembled at o'clock. and General Oates immediately began the cross, examination of Colonel Higdon. He brought out the fact that Colonel Hig- don did not prefer charges against Lieu tenant Colonel Kyle until thirty days after he had received the insulting let ter.
 General Oates questioned Colonel Hig- don closely concerning the acts of Lieu tenant Colonel Kyle and himself during the Spanish war and elicited considerable information bearing upon the faction be- tween the officers of the 1st Alabama Volunteers. which was commanded by Colonel Higdon.
 The witness. Colonel IIigdon, was then handed a paper purporting to be the discharge from the volunteer army ser vice of Lieutenant Colonel Kyle. It was identified by Colonel Higdon as a part of the discharge papers of Lieutenant Colo nel Kyle. Colonel Higdon testiid that the original discharge paper of Lieu tenant Colonel Kyle certified that he had been a good officer with one exception when his breach of discipline came near causing mutiny in the regiment. This endorsement Colonel Higdon said was afterward changed upon a satisfactory explanation by Lieutenant Colonel Kyle of his conduct and he was given a clear record by direction of Colonel Higdon
 Colonel Higdon testified that he re- membered having a conversation with Lieutenant Colonel Kyle just before the fegment was mustered out at East Lake. He said he had drafted charges against Lieutenant Colonel Kyle but at the re- quest of superior officer the charges were not filed.
 If the regiment had remained in the service, declared Colonel Higdon charges against Major Kyle would most assuredly have been preferred"
 This statement by Colonel Higdon was excluded from the official report of the testimony.
 General Oates asked Colonel Higdon If he did not know that he had no authority to\ place a charge against an officer in discharge papers when he had not been proved guilty.
 An objection by the Judge Advocate to this question was sustained.