The Montgomery advertiser., 1902-01-11

| Major arkes, Tn which tue s'a'ehs'N | was made to me that my place was pe- | ing traded on by friends of Colonei Hie, | don in order to get votes for him. ana that the places of Majors Huey and Parkes were also being traded. They asked me to authorize them to state that if Colonel Higdon was elected. that IT would not resign, and that they would not resign, and they thought that they | could still beat him. I wrote Major Huey that would agree that I would not re- sign, and that he was authorized to make that statement. Major Hney had | that letter here last week. I forgot to | ask him about 1t, but I expect to ask him when he comes today to sign his tes- | timony.
 | ''The election was held and Colonel Higdon was declared elected. True to | the promise made them, simply went | on and attended to my own business and said nothing The first paper l got from | Colonel Higdon was the open letter. dated April 20, addressed to the commissioned officers of the 3rd infantry. In this pa- per, you will notice. he says if you are so situated you cannot give the office you are holding the attention 1t requires, you owe it to yourself. as we'll as the regiment, to elect some man who will give the office the time necessary thought that was intended for me. but also thought it was intended for Majors Parkes and Huey. so I said nothing and went on and attended to my duties as Circuit Judge.
 Visit of Inspection. '"The next communication I got from Colonel Higdon is the one of the date May 7th, in which he requests me to &C., company him on a visit of inspection to various military companies in North Ala | latt tor request, or order. whatever it may be, I was engaged in holding the Circuit Court in Morgan County. I did not obey this letter not only because l was already engaged in the service of the State at that time, but because knew that Colo mel Higdon had no authority, as a matter of law, to write this letter. The law makes no provision for paying me any of these expenses, and I knew. as a mat ter of law .-that he had no right to make that order.
 You will notice from this order that he would inspect Company F, at Huntsville. May 14th. The day after that, of course. was May 18th. and that was the day met Colonel Higdon in Decatur in front of the Bismarck Hotel at the depot in front of Captain Pride and the other gentlemen. I did not know that he was there when went down; he happened to be there and gave me his chair. and we sat down and talked at least twenty min utes. maybe longer. In that conversation. We talked about the inspection. I asked him about the company at Huntsville. My best recollection, his remark was that 1t was in rather a ragged condition and not in good condition. I asked him If he was going to attend the Florence inspec- tion, the compony there, and he said no. he was not going on that trip. told him I was engaged in holding court in Decatur at that time.
 "The next communication, which is marked unofficial is of date May 16th. I have no recollection of ever having re- ceived any such paper from Colonel Hig- don'
 Judge Advocate-We object, if the court please, that has been ruled on by the court and is not in evidence. Colonel Kyle-I understand it has been | ruled out, but I would like to explain l why I did not answer it. because on the | face of 1t, 1t is perfectly respectful let | ter, and there is no reason in the world why I should not answer it. and l would like to tell the court.
 Judge Advocate-I don't object to 1t go- | ing in. I offered it. but have no objection | to its going in evidence.
 General Ooates-It has been ruled out.
 Colonel Kyle-on the 18th day of June, 1901, l was in bad health, and I left De- l catur. and went to New York; I landed in New York on the 18th day of June
 1901. When I returned-my best recol-
 lection--it was on the afternoon of the
 18th of August, and as I made a note at
 the time on the back of the order-I did
 not read the order ordering me to en-
 eampment until August 18th. I did not
 read my mail-I had quite quantity of | tf-iIntf1 the AaV hut hot T q
 or not, that is my best recollection. No Order Had Been Issued T got the order on the 18th or 16th of
 August, l901-the order of date July 1st.
 1901, ordering me into encampment In the
 month of July. The encampment had
 been held and gone. snd will state in
 this connection, at the time I left on the
 18th of June. while l reasonably knew
 that encampment would be held, because
 it was usually held once year, no order
 had been issued for holding of encamp-
 ment that I remember. On the 17th of
 August within one or two days after I
 got back from New York, I received this
 letter from Colonel Higdon, to which
 made reply that I did
 'In this letter that Colonel Higdon sent
 me of date August 17th, 1901, he states in that letter. in substance, that he thinks
 that 1t was time I was spending some of
 my time and some of my money towards | the upbuilding of the military, and if
 was not going to do it, that he would l certainly expect my resignation He winds up that letter by saying if he does not get satisfactory reply from me at once. that he will bring the matter before | the Governor. l knew that it was not an 1 official letter for several reasons-first, | official communications under military law and military practice are sent | through the adjutant of the regiment; | second, knew, as a matter of law, that | Colonel Higdon had no right to reuuire me to spend any of my money towards the upbulldlng of the military; third. knew, as a matter of law, that Colonel Higdon had no authority as my superior officer, to demand my resignation. either | directly or in a qualified manner. as ht does in this letter.
 Judge Advocate-Object to all of that
 what he knew as a matter of law
 Colonel Kyle-Then I state that I know it as a matter of fact. because it Is {
 matter of law and of fact.
 | Judge Advocate-It Is the opinion of tht
 witness. and I move to exclude that.
 No Right to Threaten.
 General Oates-It is with the Court just let that go, Colonel.
 Colonel Kyle-Then In the next place
 l knew that Colonel Higdon as my supe
 rior officer. had no right to threaten m,
 of bringing me, for any matter I haC
 written before the Commander-in-chie
 as Governor of Alabama. Putting tha
 construction upon the letter. whether i is right construction or wrong con