The age-herald., 1902-01-04
FOR FOUR HOURS HIGDON AIRED
 OLD FIRST ALABAMA WRANGLE
Continued from First Page,

his commanding officer on one occasion; delivered a message to the commanding officer that the officers did not like the way was running the regiment and that ought to resign and let them take it | into Cuba. f"
 Q. Did he state the cause of the an | tagonism to you? A. He said that they were not satisfied the way I was running 1 it-that I seemed to be siding with the men: I do not know that he used that expression; that I was approving the dis charge of the men and breaking up the regiment, and the other officers wanted to go to Cuba; that I should give way and let them take the regiment. That was about the substance of the message 1 received.
 Q. Was Colonel Kyle the bearer of that message? A. Yes. | Q. Was he the spokesman? By the Court: What Is the purpose of the questionable Spanish-American war business of 1898?
 Judge Advocate: That has been brought out by the defense. They have attempted and the court has permitted them to show his character as a soldier during that time. We propose, when they attempt to show good character, we have the right to refute that by testimony in rebuttal. We propose to show that he was insub- ordinate and disrespectful and that his character as an officer at times in the regiment was good, yet the major part of the time he was guilty of acts of dis respect and breaches of military law
 Announcement by the court: The court will allow those questions for the pur- pose of showing the character of the &C., cused officer.
 Judge Advocate: That Is the only pur- pose-to meet the testimony offered by the defendant-purely in rebuttal.
 0 ~At. colonel? A. None
 O. State about what period of the Spanish-American war was 1t that this happened. A. After peace was declared Some of the regiments would be mus tered out. This was probably two weeks after we had received notice that some of the regiments would be mustered out of the service.
 Wanted Men Mustered Out.
 Q. It was your desire to suggest that the regiment be mustered out and you are actively engaged in attaining that ob- ject? A. Yes, 1t was the desire of the en- listed men to do so, and I said that would do everything that I could do to see that they were mustered out
 Q. And that is the reason assigned for requesting you/to resign? A. Yes.
 Q. Have you ever required of Colonel Kyle the performance of any duty that you did not require of other officers in your regiment?
 MT. Lomax: Object; 1t is utterly imma- terial what he has required of other of ficers.
 Judge Advocate: I think 1t is material on this line. They have attempted to show the animus that exists between the &C., cused and this witness by the testimony of Major Mcconnell. I propose to show that Colonel Kyle has been treated just exactly as the other officers of the resi- ment have been treated by the command ing officers.
 Announcement by the court: Objection overruled.
 Judge Advocate: Answer that question A. No. sir. have never required him to do anything that I have not required of any other officer. I never required him to obey command that did not re- ceive from the adjutant general
 Q. Since your election as colonel of the Third Regiment, has Colonel Kyle ever participated in any encampment or any duty enjoined upon him? A. None what ever.
 O. Has he ever replied 10 any com munication that you addressed to him A. None, except this last one; that is the only thing that I have ever received of him, officially. since ' have been colonel of the regiment. Q. Now I will ask you a further oues- ton: Isn't it fact that orders reouir- ing organizations and officials to go upon