The Montgomery advertiser., 1902-01-11

duty that night and that he did not think it was right they should stand guard duty. About that time Lieutenant Hasson who has testified as a witness here. and lieutenant of Company c Gadsden also informed me. Lieutenant Colonel Mcdonald was not out there. walked up to Colonel Mcdonald and pro- tested against any of my battalion being put on guard duty. He very promptly eaid that they wre not expected to gc on guard duty; that under the regula- tions. they had been on special or de- tached service--I do not remember which. He told me to go to the Adjutants tent and order the Adjutant to make out a new detail. taking them from the two battaiions who had been in camp went to the tent, and Captain Gardner was there. l delivered that order to the adjutant A new detail was made, and if that order was ever changed, l never knew or heard of 1t until this trial took place. q -.- f&--<. ss4-' @-> d. .-''t'
 "Coionei Higdon came back to camp, and he was very mad about it for some reason
 "IIe said. I do not see any reason why your battalion cannot stand guard, the other battalions have done it.
 T said. I do not know anything about that. If my companies are not expected to perform guard duty, 1 feel it is my duty to take care of my men and do not want them to do it.
 "That is the extent of the conversation l had with him. Colonel Higdon went 50 far as to volunteer himself to take the place of those detailed to guard duty, and they refused to allow him to do it, as he was the Colonel of the regiment. and that is the solemn truth as the men here know of their own knowledge.
 'yThat is what occurred to me and in my conversation with Colonel Higdon about the discharge l commenced to speak of it.
 '.He said, am not referring to that T said. Colonel, what are you refer fife said, .The time you and Majors Mcdonald and Mcleod asked me to re-
 Loyalty to the Government
 q said, Colonel, that is not disloyalty to you. but loyalty to the United States Government
 '.He said. Yes, I think 1t does; I am the Colonel of the regiment. it means dis loyalty to me. as well as to the govern mert.s
 well. I realized. If he did not know any better, he would not acknowledge it and that he had the advantage of me. and still tried to reason with him.
 T said, Colonel, even if 1t means. as you say, you have no right to constitute yourself judge and jury and prosecutor and try to condemn me without a hear ing. If did wrong, you ought to pre- fer charges against me and give me a chance to be tried by courtmartiai where would have an opportunity to defend myself.
 "He said, T thought of doing that. but l decided not to do it.
 T saw that he was bent on putting that on my discharge, and l did not know but he had the right to do it. The more 1 talked to him, the madder I got. A part of what I said it would not be proper to say here, but I am willing to dc 1t If the court says so, but there are some ladies present.
 T stated to him, Colonel, I know am going to be mustered out tonIorrow, and l will swear before God Almighty that you nor no other man shall put that thing on my discharge and live
 T said. If you do. am going to hold you personally responsible.
 He just muttered to me, I am goinl to do it. or I have a right to do it. did not hear distinctly what he said.
 T turned and walked off and left him going in the direction of the adjutant'i tent. At that time; I did not know anyone else was in the like situation. went to camp and met Major Smith, anC he told me that his discharge was ii the same language, that it had matter derogatory to him. I did not see Nc Leod's or Chaplain Fitzsimmon's dis charge. but I know from what Majo Smith told me that it was on Jour dis charges.
 Major Mcleod and Chaplain Fitzsim mons are both dead-and of course tha Is simply hearsay.
 After had that conversation witl Colonel Higdon about that discharge when I got the discharge, I received i with this piece of paper pasted over 1t and will solemnly swear to this cour that not until the first Sunday in las December did I ever know that that dis charge was different from what I say Has, that 1t wound up by saying tha he. has always been loyal and homes except in one particular On the frs Sunday in December, hunted up m, discharge. tore that paper loose so could read what was under there. an, then found that it says I was guilty O tnsubordination. But until I tore tha piece of paper loose. the first Sunday il December. thought 1t was as original " saw 1t. That was the way we wer, mustered out of the service.
 When the regiment was re-organized Major Smith was elected Colonel and was elected Luetnant Colonel Earl, m the spring of last year, after I hac been appointed Circuit Judge, Colone Smith resigned. knew then that I ought to resign. and the only reason that I did not resign was, because I had an ap. plicaion on file at the War Department trying to get a position in the regular army. or volunteer army at that time doing duty in the Philippines. 1 though, the fact that I was Lieutenant Colonel would help me in that respect and had a letter from the War Department which made me hopeful in that way.
 Possible Candidate.
 When Colonel Smith resigned. my name was published as being a possible candidate for Colonel. Captain Nor, son of Birmingham was also stated to bt a candidate, and I wrote him A lette, telling him that I could not be A can, didate and would not be. I told him that the headquarters ought to be in Rirm ingham on account of its railroad facili ties and location. and thai had to be away from home si, months in the year, and if he was a can. didate, would support him, and that was published in the Birmingham paners
 For some reason unknown to me. Can. tain Morson did not become a candidate and Colonel Higdon did. l stated pub. iicly on several different occasions that if Higdon was elected I would not serve under him. During the progress of the