The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-11

mel Higdon.
Q. At what. point was that, where were
you going? A. Coming from Miami, Fla,
to Jacksonville.
@. You are charged with falling to obey
a telegram sent to you on the 18th of
July?
A. My answer to that is will state I
never received that telegram, did not
know anything about 1t, never received
1t to this day, that telegram Is dated
the 18th of July, on that date l was in
New York City.
Kyle cross-Examined.
Lieutenant-C Colonel Kyle concluded his
direct testimony at 1925 a. m. and Judge
Advocate Hubbard then began the cross
examination. Very little new evidence
was brought out by the cross-questioning.
Witness said the matter of mastering
out had not been discussed in the First
Alabama, to his knowledge, prior to the
request for Colonel Higdon's resignation
The matter of ascertaining the views Of
the men had not been discussed prior to
that action.
He was asked by the judge advocate
why 1t was that the meeting of the off,
GERS was held on August 20 and Higdon
left the regiment for Birmingham on Au-
gust &c, and the officers did not make
the statement until after that date The
witness again related the story of the
officers meeting. He was one of the per-
sons to suggest that the men should be
consulted. 1t was not known to the OIL
GERS that an attempt would be made to
muster out the regiment until after
Colonel Higdon had gone to Birmingham
and The Age-Herald began the publica-
ton of articles, including purported Hig-
don interviews, to have the regiment
mustered out When the other officers
read these articles they wrote the state
ment published In Southern Martyrs and
had it published in the Birmingham pa
pers.
In reply to a question witness said that
his discharge had not been rendered him
until after the slip was pasted on II. lie
did not have a conversation with colonel
Higdon relative to the discharge while IN
the tent, of the latter and In the presence
of Lieutenants Brown and Lamb He did
not know If Van Deusen told Higdon of
the message from Mcdonald that matter
derogatory to an officer must not be
placed in the discharge.
The Judge advocate suggested that
Colonel Higdon had received this mes
sage after the must ering out, as stated
by Colonel Higdon.
Colonel Kyle replied: ut Is very strange
that Colonel Mcdonald should telegraph
OOlUHtl I1iBuOu dOObt thS AaoSsSA $3.50
the mastering out.
Member of General Assembly.
The witness said he was a member OF
the General Assembly Of Alabama Of
1ssS-9s and was a member of the military
committee which drew and reported the
present statute governing the Alabama
| National Guard.
Ibid you not make a statement before
/ IL hot odaf fnr fa-
voring the redistricting of the militia was
to get rid of Colonel Higdon?" asked
Colonel Hubbard.
IT may have so stated. That was my
object whether I so stated or not" Col
onel Kyle replied with apparent eager
ness, and a display of feeling. The spec
| tators applauded the reply and 1t was
| several moments before quiet could be re-
stored t-t
The witness was next questioned rela-
tive to the receipt Of the several orders
| issued by Colonel Higdon. but nothing
new was elected.
In reply to a question the witness stated
that he had made the statement that he
would not continue to serve as lieuten-
ant-colonel If Higdon was elected colonel.
He had not resigned after the election be-
cause he had promised certain other Of
fcials that he would not do SO that the
pledges of the Higdon supporters in
trading the office might be kept.
Colonel Kyle was here's permitted to
state that to his knowledge the only time
since its reorganization that the First
Regiment or any part of 1t had been
called into active service was under Col
onel Smith, when some companies were
ordered to Marshall County. He was in
Decatur at that time, so notified Colonel
Smith, and was In readiness to respond to
the call until notified that his presence
was not needed.
Answering a further question, the wit
ness said that Chaplain Fitzsimons had
written a very sharp letter to Colonel
Higdon when the officers thought that
Higdon would then prefer charges against
the chaplain, and ask for q courtmartial.
In such event they would present counter
charges against Higdon. A courtmartial
was never requested.
Replying to a question by Mr.. Lomax.
the witness said the only reason given
by Colonel Higdon in his letter asking
for the resignation was that the chap
lain was not supporting him as Loyalty
as he should. He did not know what this
meant.
The witness was asked several ques-
tions by the court to make clear some
points, and when they were concluded
the defense announced that 1t would
rest.
Brandon Questioned.
Adjutant General Brandon read his tes-
timony of last Friday and corrected
same When he concluded he was ques-
toned relative to the interviews between
the Governor, Colonel Kyle and himself,
when additional members of the court
were named. Colonel Brandon practi-
cally corroborated the testimony relative
to this as given by Colonel Kyle. Kyle
had not. he said, made any suggestions
as to whom he might desire as members
of the