The Montgomery advertiser., 1902-01-11

the relationship that existed between us; I knew that 1 did not have any use for him, and l did not suppose that he had any for me; knew, taking the statement of commissioned officers in the regiment, that he had been trading for my place, when he had been elected Taking all | this into connection with the letter, considered it as personal letter. ana answered it as such. and you will notice that simply signed o. Kyle and not in any official capacity. That is the reason gentlemen, I sent the letter that did. That letter was mailed by me on the noon train about 1 o'clock, August 20th, 1901. Nobody knew anything about that letter, except two friends whom l had consulted before had sent It, and nobody knew anything about 1t so far as I was concerned, for at least, six weeks or probably two months afterwards. Now that is the history of this letter.
 General Oates-Did understand you to say that you went to New York on the advice of your physician?
 A. No sir, 1 did not go on the advice of any physician; I went of my own notion, but was in wretched health at that time. and went there and stayed two months and was treated while was there all the time, and in that connection, will state to the court that l was In
 
 not in a military capacity, but he ordered sumernumerary Judge Aston to hold court for me in my absence.
 "There Is another matter that wish to call the attention of the court. If 1t be proper, and that is this. At any time as I conceive it, from the 20th of August until this court was organized, l could have rendered my resignation to the Comm ander-in- Chief. and l believe 1t A nv,A xph nl matter would have been stopped, but l preferred for my own honor and for the good of the service. that would stand the notoriety of this matter and the publication that was being made and come and face the court rather than to resign voluntarily and be treated-in that way.
 Judge Advocate-Object to that, and move to exclude.
 There was considerable argument and the objection was overruied.
 Did Not Apologize.
 Colonel Kyis-In addition to what l have said, wish the court to take note of this fact that I solemnly state to this court that I did not apologize to Colonel Higdon to get him to change that discharge; I did not make satisfactory statement. unless he considered what l said to him as satisfactory, which did not think was satisfactory at the time. and do not think so yet, and neither did Major Smith nor Major Mcleod in my presence or to my knowledge ever make any statement to Colonel Higdon to get him to change their discharge. In ad- dition to that, I will state to the court that since this proceeding became known to the public that l have not myself nor has any friend of mine with my knowledge or consent, ever given out a word for publication in the papers.
 1T make that statement because since I have been in Montgomery, l ind some of them are of the opinion that when the newspaper reports were published, gave out my letter for publication, but as a matter of fact, I have not at any time or under any circumstances, given out a solitary word for publication, nor has any one of my friends with my knowledge or consent, and every word that has been published is without my knowledge or consent, That is the whole case as understand it.
 General Oates-Will you look at your letter to Colonel Higdon of August 70 you remember it-as to the statements therein, whether you made misstatements or facts from anger, or whether you stated only what you knew to be true? A. Every word is matter or Tact stated in this letter of August 10th. 1901 Is absolutely and unqualitiedly true every solitary word that is in there. Judge Advocate-Object to that if the l court please. Do not think 1t Is com potent for the witness to say that cer- tain statements are true. Let them
 bring out the facts by which they can | show that they are true.
 Colonel Kyle-Well 1 will detail the tacts.
 Judge Advocate-As to the fact of the
 truth of the charges in the letter. General Oates-Colonel Lomax wishes
 to ask a few questions.
 MT. Lomax-Yop say you would detail
 the fscts?
 A. I said I have detailed the facts. c. In reference to the statement in that letter about there being a question as to Higdon's election. State what that
 was based on Colonel?
 A. I will state, gentlemen, that Lieu
 tenant Pride, Captain Pride now. was
 made member of Governor Johnston's staff. l was on Governor Johnston staff myself and resigned the position Lieutenant Pride was made a Lieutenant Colonel
 c. Was he Lieutenant Colonel at the time?
 Vote Was Illegal. A. Lieutenant of Company E. and &C., cepted position as Lieutenant colonel, but never resigned the position as lieutenant He voted for Colonel Higdon and held a position that, as a matter of lSw, by &C., cepting the position as Lieutenant Colo mel, his position as Lieutenant of Com pany F became vacant and thereupon had no right to cast a vote. I was also informed that Lieutenant Vogel of Com pany F, Huntsville-that his resignation as Lieutenant had been accepted before this election was held, but that he voted for Colonel Higdon and that his vote was counted for him. That is what I mean | by saying that it was a matter of grave | doubt as to whether he was legally elect | ed; and I also knew Maajor Huey had
 either protested or contested the election | or Colonel Higdon. meant no disre-
 spect to the Governor of Alabama or | nybody else by making that statement
 and I do not think that anybody else but | Colonel Higdon has ever construed 1t in
 that light"
 | Q. Now. did you receive any communi-
 cation from Higdon except what was
 marked unofficial by him-the letter
 which has been ruled out?
 1 A. The only communications that I re-
 ceived are those shown here by these ex-
 hibits. but by that statement I do not
 mean to admit that l received this state
 ment here which is marked ''unofficial. '
 l do not believe I ever received that, and I think I can show to- the court very
 good grounds for believing as I dc about it.
 Q. You did get the alleged order to in- | spect the military companies in North | Alabama?
 l A. Yes.
 | e. You say you arc a Circuit Judge | of the Eighth Judicial Circuit?