The Montgomery advertiser., 1902-01-04

would make hlm-the witness-l1euten- ant Colonel of the regiment. Captain simpson said Captain Kennedy showed him a written statement signed 5y COT, onei Higdon in effect that he would stand by any arrange ment made by Captain Kennedy. He said Captain henneoy tola him that if Colonel Higdon was elected Lieutenant Colonel Kyle would resign as he would not serve under Colonel Hlgdon and that Captain simpson could be elected. Captain Simpson said ne did not enter into the agreement. He wrote tu Lieutenant Colonel Kyle after the election and told him of his converse ton with Captain Kennedy. Captain Simpson testified that he was an officer in the same regiment with LeulenahI Colonel Kyle during-the Spanish war and that he was an efficient officer.
 Simpson Cross-examincd.
 -Cross examined Captain Simpson said he told Captain Kennedy when he first saw him about the matter that he would not consider his proposition. HIS two Lieutenants. he said. voted Tor Major
 The Judge Advocate asked Captain Simpson if he was not promised Ma jorship by the friends of MaJor huey if he-Major Huey-should be elected.
 An objection by MT. Lomax was sus-
 Captain Simpson said he attended sev- eral caucuses of officers who were an- tagonistic to Colonel Higdon and that he
  plish Colonel Higdon's defeat.
 At 16 o'clock Captain Simpson was eX- cused and the defense called Robert h. Brown of Florence, who was sworn.
 NY, Brown conducts a store in Flor ence and was about to testify Tn cor roboration of Captain simpson as to the proposition made to Captain simpson by Captain Kennedy when the Judge Advo- cafe announced that in order to save time the State would admit that the witness would testify the same mat ter as Captain Simnson.
 Mir Brown was an officer in the span ish war and testified to the good char acter of Lieutenant Colonel Kyle as an officer and MT. Brown was then ex-
 Higdon's Visit to Decatur.
 Charles W. Albes of Decatur testified concerning the visit to Decatur ot Col onel Higdon on an inspecting trip. He did not hear the conversation between Colonel Higdon and Lieutenant Colonel Kyle. He has known Lieutenant Colonel Kyle since 1890 and he is man of good
 Thomas W. Vert, First Lieutenant of the Decatur company testified that Major Fl. H. Mcconnell told him at least three times that Colonel Higdon had said he would order Lieutenant Colonel Kyle and Majors Parkes and Huev to inspect cer- tain companies, that they would refuse to do so and give him an opportunity to have them courtmartialed and dismissed from the National Guard. He also testi- fled that he-tne witness-promised Col onel Higdon during the encampment to vote for Captain Harrison of Oxford for lieutenant Colonel in the event of
 In reply to Lieutenant Colonel Me Dowell of the court Lieutenant Vert said it was generally understood during the encampment that Lieutenant Colonel Kyle was to be busted.
 Replying to Colonel Graves of the court Lieutenant Vert said Colonel Hig- don did not tell him that Lieutenant Colonel Kyle was to be busted.
 Cross examined by the Judge Advocate, Lieutenant Vert said he had no good feeling for Colonel Higdon.
 Did you cav that VT" ''-' ''y to Colonel Higdon?" asked MT. Lomax.
 ''M Gll l Just navel 7u. e.hy ~-C -of him." replied Lieutenant Vert.
 The witness then declared that Col onel Higdon and dajor Mcconnell had, during the last encampment of the regi- ment, told him that they had secured an opinion from the Judge Advocate Gen