The Montgomery advertiser., 1902-01-11

O. You say that statement was made in this book shortly after Colonel Hig- don had reached Birmingham. after cer- tain statements made by him. appeared in The Age Herald?
 A. did not mean to say immediately. II say 1t was afterwards, he went to Birminghamx and then this movemnt was started.
 o. You state in here that this meeting of officers was called on or about August goth, 1898? A. Yes. | Q. In which the question was brought up If the officers go. the men will have to go, etc." A. Yes. Q. Colonel. explain how it is that this meeting of officers, to which this state- ment refers, was held on the goth of Au- gust, and yet that question had not arisen in the regiment when Colonel Hig- don left on the 26th of August. A. One morning the officers call was sounded at an unusual hour We had of ficers' call every morning, but this was at an unusual hour. We went up to head quarters and Colonel Higdon said that he had called Us together to see if we were willing to volunteer as a regiment to go intact to Cuba or not, etc. L Q. As a matter of fact. this matter of going to Cuba, consulting the men. etc, had come up before the resignation re- quest of the 20th of August? A. Yes; stated in that article. but it was unanimous; nobody had said a word about his being in favor of the men be- ing mustered out and we being opposed to 1t.
 Q. At the time testified to. when you told HigdQn that no one could put that statement on your discharge and live, or words to that effect. about that time Or on that day; as testified to by you, did you not. in the office of the adjutant of the regiment, Mir. Brown, in his pres ence. and in the presence of Colonel Hig- don, and in thet presence of an enlisted man by the name of Lamb. who was a stenographer. did you not then and there request Higdon to specify on Your dis charge the particular instances in which you had been disloyaal, or unfaithful, and did not Lamb there, in your pres ence, typewrite that on the slip?
 A. solemnly swear I did not. So far as Lamb is concerned. I do not know him, but I do solemnly swear that I had no conversation with Colonel Higdon sabout my discharge in the adjutants tent.
 Q. You say you were holding court in Decatur at the time of the inspection referred to?
 A. I was holding court in Decatur on May 13, IA, 15 and 16th.
 Q. Did you hold night sessions of your court?
 A. I sometimes did.
 Q. Did you on the night on which this inspection was held.
 A. I do not think I did; to my best recollection I did not
 Q. You did not attend the inspection?
 A. did not.
 Q. Did you in that conversation you had with Colonel Higdon ask him to ex- cuse you from attending inspection by reason of your holding court? A. No, sif; I did not; I simply told him that the Circuit Court there was in ses- sion.
 0. You were member of the General Assembly of the session of 1SSS-9, when this military law was passed? A. I think I was. Q. Did you not state to the members of the Military Committee and insist on the provision being put in that law, de- claring field offices vacant?
 A. I was a member of the Military Committee. and I insisted on that pro- vision being put in.
 Object of Kyle Bill. Q. Did you state that the reason was to get Higdon out of the service, he being
  A. l may have stated it-that was my object, whether I stated it or not. This emphatic and direct reply by Lieu | tenant-Colonel Kyle was applauded by the audience.
 Q. I believe you stated you received this circular letter April 2Oth? A. Yes. Q. You never replied to that? A. No, sir. Va, 4I,;- May 7th?
 A. Yes, I did. Q. Did you ever reply to that? A. No, sir; I did not. Q. You received special orders No. 14, that is, an order for encampment after you returned from New York-the day after?
 A. Yes; I received it about the 18th or 18th of August. Q. Now, the second paragraph in that order is that the field and staff officers will report to these headquarters imme- diately by letter, and to the camp of in- struction as above mentioned on the 10th. You never replied? A. No, sir; I returned. as I told you and received that about the 18th or 16th On the 17th, I received Colonel Higdon's letter of the 17th inst.-it may possibly have been the 1Sth--but my best recollec- ton was the 17th, when I received the let ter of that date. and, as I said before I hardly had time to make an excuse-I was worn out by my trip from New York, and still in weakened condition. Not Aware of Order. Q. You knew nothing about the order for camp at the time you left for New York?
 | A. No. sir; I did not. Q. You did not receive telegram? A. Never received it, and never have received it. Q. You say you had stated publicly on l a good many occasions that you would I not serve under Higdon if he was elected : A. did. Q. You also stated you would resign the lieutenant-coloneycy if he was l elected?
 | A. l did. Q. And your only purpose in retaining | the lieutenant-colonelcy was to embar- rass him. was 1t not?
 this: I had promised some of the com missioned officers that I would not re- sign; they asked me to authorize them to state that I would not resign Majors Parkes and Huey, and they thought that they could still beat Higdon. I wrote a letter that I would not resign, and after making that statement, l felt l ought to abide by it. After Higdon was elected I sim ply went on and said nothing to any body. I would like to make another statement and that Is since l have been I of no bo