The Montgomery advertiser., 1902-01-11

Q. During the absence of Colonel Hfg- don from Jacksonville. isn't it fact that the officers of the regiment sought very diligently to find some charges to prove against Col. Higdon, and to prevent his returning to the regiment at all, and was there not a meeting of officers of that regiment to which some of the friends of Colonel Higdon were invited, and were they not there, and was not the state ment there made to them that if they that they were going to get up charges against him, and get him out of the service?
 Very Sharp Letter.
 A Not to my knowledge. I will state what I do know about it. When he asked Chaplain FitLsimmons to resign, he wrote him very sharp letter in re- ply. We were of the opinion that he would have charges preferred against him, and have him tried by a court wanted. and we had counter-charges ready in the event he preferred charges against Chaplain Fitzsimmons. We did not prefer the charges that We had pre- pared against him. but we had the charges already prepared If there was any such meeting as you refer to, do not know anything about it, or If l knew anything about it, have forgot ten it, but I do not think 1t was held, because we had been ready for some time.
 Redirect Examination.
 General Oates-What was the reason assigned by Colonel Higdon for seeking the resignation of the Chaplain?
 A. He said that the Chaplain was not supporting him as Loyalty as he ought to do-what he meant by that, I do not know but do know and I state to this court, that was the cause of the trouble in the 1st regiment-because of the re- quest for the resignation of the Chap lain.
 By the Court-You stated that the sen- timent of the officers of the meeting of August 20 was unanimous? Was there any specific expression from Colonel Higdon in that meeting either in favor of mastering out or in favor of going to Cuba as regiment intact?
 A. l said the meeting was unanimous with reference to going to Cuba.
 Q. Was there any definite suggestion from Colonel Higdon along that line?
 A. There was to this extent: l myself suggested that the men ought to be con- suited. The officers had been called up at an unusual hour, 1t was unexpected on our part, and I knew the officers could not in fifteen minutes, be gotten to state that we would be willing to go if we had new Colonel. For that req son, I wanted the meeting postponed, to take two hours to consult among our selves and also to consult the men. At this meeting, Colonel Higdon stated in substance, that the men were not to be consulted, that if we said go they would have to go whether they wanted to go or not, that was all that was said by Colonel Higdon so far as mastering out the men was concerned, there was not d word said about that.
 e Was the regiment lined up at Jack sonvile Fla, and the men asked to in- dicate their feeling about being mustered out?
 A. Yes. after Colonel Higdon returned from Birmingham. I received letter from Governor Johnston at the time, asking me to tell him wkat l honestly thought was the sentiment of the men. think he asked me to telegraph him. either wrote or telephoned. that in my judgment, 0 per cent of the men desired to be mustered out I thought 1 was right then. and think I am right now.
 .. Were the men asked to step for ward?
 A. If the men were lined up as a reg iment. I do not know but I know my own men were lined up, l think the oth CT battalions were examined but I have no clear recollection about that--I know I did with my battalion.
 c. By the Court-Does the Court un- derstand from this testimony that you never have rendered a formal excuse to Colonel Higdon for your absence from encampment?
 A. No. sir; when I got the letter of August +. I wrote him of date August 20-that Is the only excuse that l have ever rendered him. I would like to call the attention of the Court on that ques- tion. that in Section g of the Military Law shown by the Acts of '9S-'99 either section S or N where a man is ordered on active service, does not comply, and fails to send the statutory excuse. to be Judged hy court-martial, that he shall be considered and dealt with as a de- serter Under that law I thought that was my excuse. l would not have felt that way but for the fact that he wrote me this letter After the writing of that letter, felt thlt any excuse. if any should be made should be to a court, martial Colonel Higdon had no right to ask for an excuse.
 Q. While you were in New York did you receive The Montgomery Advertiser?
 A. No, sir; l did not I only re- l was gone.
 e. Did you receive any paper-news- De per-from Alabama?
 A. No, sir; did not except that one copy of The Advertiser. and that was a matter relative to the Constitutional Convention that had been sent me Q. You did not have leave of absence when you left the State for New York A. No SIT.
 c. You did not secure one during the period of absence?
 A. No air; except as l stated, the Governor knew that I was there and or | dered the Supernumerary Judge to hold court in my absence.
 At exactly II o'clock Lieutenant Col onel Kyle completed his testimony and was excused.
 MT. Lomax said that except for some questions which the defense would ask ! witnesses who were recalled, he was 1 through.
 Col. Brandon Recalled.
 Colonel w. w. Brandon was recalled 1 and his testimony delivered last Saturday 1 was read for verification 1 ----- Continued on Page Nine)