The age-herald., 1902-01-05

the Carnegie project of National Uni versity met at the State Department to- day and formed corporation known as the "Carnegie Institution"
 It is understood that MT. Carnegie has removed the obstacles that existed to the acceptance of his $l0,000.00O donation to the cause of education and today's action was the first step toward giving legal form and substance tc the proposition.
 Besides Secretary Hay the inoorpora- l tors, all of whom were present at to- days meeting are Edwin White, Jus tice of the Supreme Court; D. c. Gilman, late President of John Hopkins Uriver- sity; Charles D. Walcott, Superintendent of tho Geological Survey; John s. Ell ings ex-Surgeon General of the Navy, ane Carroll D. Wright Commissioner of Labor. Marcus Baker, of the Coast Sur vey was also present. not as an incorpo- rator, but charged with the preparations of articles of incorporation.
 The meeting continued about an hour. There was an indispcsition on the part of those present to enter into details of the project, based on a desire to allow Mir. Carnegie himself to make the public announcement.
 The articles of incorporation of the %>><<e-<-<<%<%>>
 
 recall to accompany Colonel Higdon while inspecting the companies of that bat talion. The judge advocate asked the ac- cused what point was desired to be brought out by this questioning. MT. Lo- max replied that 1t was charged by Col l onel Higdon that Kyle failed to accom- pany him on an inspection tour and he desired to show that another officer had not been required or ordered to make | such a tour of inspection.
 The court retired to consider the ques- | tion and on returning President Dumount said the testimony would be admitted. Major Huey then testified to the truth | fulness of the statement in the history" :, | and that he had signed same. He had asked for resignation of Colonel Higdon because he was not willing to serve under | Higdon while in active duty.
 | Major Huey was next questioned about | the Birmingham meeting.
 l Colonel Huey said he was present at a meeting of officers held in Birmingham, and he related the proceedings of that meeting practically the same as did Major Parkes except he went more into detail He said a motion was made in the meeting to appoint committee Of three to come to Montgomery ostensibly to as- certain of the Governor why the date of the courtmartial was changed, but that in arguing this motion 1t was brought | out that friends wanted the committee to investigate why General Clarke had been relieved from duty and why Mcdowell and Robinson were appointed on the board. They seemed to think these changes were made for ulterior motives. It was said Governor Jelks was ignorant of the motives and that Adjutant Brandon was stacking the board with the political and personal friends of Kyle at the lat ter's dictation. Witness had not voted for the resolution, and left the meeting upon its adoption. Or cross examination he admitted that business for the good of the regiment had been transacted at the meeting and another committee ap- pointed.
 Afternoon Session.
 The court reconvened promptly at 3 p. m. The first witness called was w. E. Wallace, former Captain Company D, De- catur. The witness had served as Captain Company E in the Spanish-American war, and he said the history statement was true and he had signed 1t He was one of the officers asking for the resignation of Colonel Higdon, and he did 50 beIiev- ing Higdon incompetent The resigna- ton was requested before the question about the men came up.
 MT. Wallace was rigidly cross-examin- ed without developing any new facts.
 The reading of Colonel Higdon's testi- mony of yesterday W as then begun. and several minor corrections made.
 Hlgdon Questioned Again. It required twenty minutes of the night sefsion to conclude the reading of Col onel Higdon's testimony. When he had duly signed 1t MT. Lomax said he desir- ed to question the witness further. He asked the witness again concerning his conversation with the officers who com posed the committee visiting the Cover nor. "Why 6iG you not. as Colonel of the Regiment" said MT. Lomax. "order these officers not to come to Montgom- cry an commit aa ect of direspect to the Chief. as you have tes- tified such an act VI ould be-"
 The judge advocate objected to the question. Nc. Lomex said that the wit ness had testified that as Colonel of the | Regiment he had authority at any time to issue orders for tlie good of the regi- ment, ard his testimony had shown that this visit was not for the good of the order. The Court ovcrruled the objection. Colonel Higdon said, In reply, that he did not order the officers not to come for the reason that he had preferred charges against Kyle, end court-martial was | ordereI to hear these charges If Col | oEel Kyle could cone to Montgomery and not only confer with the Governor, but dis solve the Court, he felt that for these officers to come in quiet, gentlemanly way and see the Commander Chief.
 why. then. did you testify that you advised them not to come?" asked MT. Lomax.
 "I told them to be cautious,' said the witness. "I thought 1t best to let the mat ter rest with the Governor"
 The testimony of Major Mcconnell was read and signed.
 Captain Pride on the Stand. | Capt. M. N. Pride was called to correct his testimony and after it's conclusion, | General Oates asked: 'Was you with Colonel Kyle at target practice at Cocoa nut Grover"
 The judge advocate objected. and the court asked General Oates what he had expected to draw out. MT. Lomax said 1t was to contridict testimony of Higdon. The court permitted the question. and witness answered in affirmative. | Captain Pride said he was at headquar- ters when the controversy took place about placing men from the battalion on guard duty. Kyle protested against the l act of Lieutenant Colonel Mcdonald, and Mcdonald ordered another detail for the