The age-herald., 1902-01-05

accused as to whether Colonel Higdon or any other officer had asked him to resign his office as major so that they could get that place for Captain Harri- son in case Colonel Kyle could not be busted. The witness replied in the nega- tive, but admitted that prior to the cleo ton he had stated to Colonel Higdon and Captain Kennedy that he would be willing to resign his commission in order to secure the election of Higdon. He did not offer to resign during the Birm- ingham encampment, and no one suggest ed it to him.
 He had no knowledge of the promise to Captain Harrison of the lieut. utenant-col- onelcy but he was to have the first va cancy in field officers.
 Never Told Vert About 1t.
 The state then took the witness and offered his testimony in rebuttai to that of Lieutenant Vert last night. relative to a conversation between the two as to the alleged Higdor conversation. Major Mcconnell said he had never told Vert that Higdon had said that in case of his election as colonel that he would order Kyle to inspect companies In the southern part of the state and Majors Huey and Parkes to inspect northern companies and upon their failure they would be court martialed. He had not told Vert during the encampment at Birmingham that witness and Higdon had opinion from the judge advocate general of the army that Kyle could be busted for failure to at tend the encampment.
 w. A. Hasson was next present ed by the accused. Witness said that he had resid- ed in Anniston during July 1901, and prior to Birmingham encampment had held a commission as first lieutenant. Company c. Gadsden. He then read what was pur- ported as Hasson's resignation as lieu tenant.
 Did you sign that paper?" asked MT. Lomax. q did not the witness re- sponded.
 O. Did you tender it to Colonel Higdon?
 e. Did you authorize any other person A. I did not.
 c. Did you authorize any other person A. Did not not.
 Q. To sign such paper or to tender suci a paper on youh behalf to Colonel Hig don? A. No sir.
 o. Read that statement there and see i your name is signed to it? A. You meaI aloud?
 A. Yes read it aloud without the sigma ture? Witness reads from book South ern Martyrs
 @. Did you sign that paper? A. did.
 Q. Is that statement in that paper true A. Well, not exactly.
 O. Tn what respect is 1t not true? A We'll. I don't think 1t states the case ex actly plain, where it says about the mer having any voice in the matter.
 Q. Just state what that was? A. Well as I remember it--and 1t is very clear 1T my mind-Colonel Higdon had the officer. called one day and the question came III about the regiment going to Cuba intact and vote was suggested. Some officer got up and asked would that be taker by the officers of the companies or by the regiment and let every man have z vote, and he said, No sir, if the officers want to go to Cuba, the men will have to go. So a part of that I do not con. slider correct.
 o. You were an officer in the Spanish. American war? A. was.
 Q. Were you one of the officers who demanded the resignation of Colonel Hig don? A. I was one of the officers who signed a paper asking for his resignation
 Q. How many of them? A. If remem Der correctly, there were 45.
 Q. Well, did those officers ask the res ignation of Colonel Higdon because h, was in favor of the men being consulted about being mustered out, and if not, fol what reason did they ask it? A. They asked him for his resignation on account of his utter unfitness to command the regiment.
 Judge Advocate: Object to that and move to exclude.
 MT. Lomax: And not because he want ed them CT to have voice. A. No. sir
 Announcement by the Court: Objection sustained.
 MT. Lomax: Will the Court hear me moment? Colonel Higdon. when exam iped as witness in this case, testified that those officers, the committee repre- senting the officers of that regiment, ask ed for lis resignation upon the specif ground that he was in favor of the mel being consulted on being mustered out We have a right to controdlct that state ment if we can do so. The Court ha per mitted Colonel Smith to make a con tradiction of that matter on yesterday and we submit that 1t Is matter tha the Court has ruled on and we are enti tied to 1t.
 Colonel Higdon Misquoted.
 Judge Advocate: I think the gentle msn is mistaken in quoting the languag, of Col. Higdon; my recollection is tha it was that his conduct was not satisfac tory to the officers and that was why
 The Court: Did he not say the manage. ment of the regiment?
 Judge Advocate: Yes: by the conduct mean the management.
 MT. Lomax: A reading of the testimony will show thar he steted that as fact because he was in favor Of the men being mustered out and Colonel Smith vas pu on the stand end contradicted 1t.
 The Court: On that showing, we wil allow fl.
 Major Parkes Creates Sensation.
 Maj. w. J. Farkss created some accu sation in the hall by hia testimony rela tive to the meeting in Birmingham. a which committee was appointed to conn to Montgomery and inquire of the Gov ernor why the date of the court-martia had been changed.
 Major Parkes said that he had serye' during the Sranish-American war a Captain of Company A. First Alabam, Regiment, and that he WAS one of th officers to appoint committee for tn purpose of asking the resignation of Hig don as colonel. The resignation was no asked because of the action of colone Higdon in permitting the men in tn regiment to have Q voice in the matte as to whether the regiment should p mustered out or go 70 Cuba He had ask cd for the resignation because hc though HigdOn fncompetent to serve as colonel