The Montgomery advertiser., 1902-01-11

to the court few minutes ago.
 Q. And one of the statements you made was that no man should put that on you and live?
 A. Yes: and I said some other things that have not repeated.
 o. Did you tell him in that conversa- tion that any certain officer in that regi- ment who is now dead was responsible for the trouble in that regiment in the. Spanish-AmeIican war?
 A. I certainly did not On the contra ry, will state to the court that Colonel Higdon knew just as we'll as did what the trouble in the 1st Alabama was about. That trouble started about his command ing Chaplain. Eitzsimmons to resign on the way from Miami to Jacksonville. was in charge of the third section. It was my battalion. The regimental sur- geon. Major Cunningham, and Chaplain Fitzsimmons were in that section with me. We stopped for coffee a little after dark, and while at the station the chap lain was handed a letter from Colonel Higdon in which he asked Chaplain Fitz- simmons to resign. He brought it to the car and showed it to us, and we read it, and that is where the trouble originated we sided with Chaplain Fitzsimmons against Colonel Higdon.
 c. At what point was that, where were you going?
 A. Coming from Miami. Fla. to Jack sonville. do not remember the name of the station We stopped at.
 Q. The court martial was appointed to be held on the 10th of December?
 A. Yes.
 O.. DidI you see the Governor with reference to the change of time. and if so, tell the court all about it.
 Notified of Charges.
 A. I forgot to state that a while ago. I got through holding court in Hunts ville on the 1st of December, that Is my recollection. I think it was the 1st of December I came to Decatur. and on Sunday, the 2nd or 3rd of December, think it was the 3rd, got from the Judge Advocate, through the postoffice. the charges and specifications that had been sent to me by registered mail. They had been there, I presume several days, but that is the first time I got 1t.
 I immediately came to Montgomery, I think on the following Monday. I went to see Genral Oates to employ him to represent me in this case. He stated to me that he would gladly represent me, but that he had an engagement in Wash ington City on the 10th of December, the day the case was set for trial and unless I could get it postponed, he could not represent me. I came up to see the Gov ernor about 1t, and asked him-stated to the Governor that had employedGeneral Oates, that I wanted him to represent me and asked him to have the case con- tinued. He said that he was willing to continue it, but that he would prefer first to know whether 1t would be satis- factory to the members of the court and also to Colonel Higdon. and in my presence. he ordered Colonel Brandon the Adjutant General, to confer with Colonel Higdon and find out if the 2nd of Janua- ry would suit him, General Oates having stated that any time in the first week of January would be satisfactory to him. At that time, I had not employed MT. Lomax to represent me.
 The Governor told Colonel Brandon in my presence to confer with Colonel Hig- don and also the members of the court to find out if the 2nd of January would suit them, I of course, do not Know of my own knowledge that Colonel Brandon did confer with Colonel Higdon but know he said that he did, and he also in my presence, sent telegrams to the members of the court, asking if January End would be suitable to them. Then the Governor told me that he had released General Clark from serving on the court at his own request. He stated to me this: I have not absolutely released him, but l have told him that unless I order him to the contrary. he could not con slider himself released.
 "I said to him, Governor. I am sorry to hear that, because I have a very high opinion of General Clark. I know he has the reputation of being a good military man. I believe he is an honest man. and l said: That only leaves three members of the court. I am informed that of the three members left upon the court, neither of them is lawyer. Naturally. legal questions will arise in this case, and I do not feel that I am responsible for this court martial, and under the law, l understand l am en- titled to a court of not less than three nor more than five. and l would liked to have as large jury as the law would permit, and I would like to have some members that are lawyers
 Colonel Brandon said: If we select some otEer member, a lawyer, we will have to seelct some one lower than you in rank
 I said: I have no objection to that, any selection or suggestion, whatever you suggest is satisfactory to me-
 Q. You are charged with failing to obey a telegram sent to you on the 11th of July.
 A. My answer to that is. I will state
  know anything about it. 1 never received it to this day. That telegram is dated the 11th of July. On that date. l was in New York City.
 Q. You state in this letter to Hig- don, that you had publicly stated if he, Higdon. were elected, you would resign
 A. Yes.
 Q. And you further state that some of the commissioned officers of the regi- ment requestd you not to do so?
 A. Yes, Mapors Parkes, Huey, Captain Gardner, Captain Wallace. Lieutenant Hasson-I think that was about all, and after the election, they requested me after Colonel Higdon was declared elected they requested me not to resign.
 Q. Do you know Lieutenant Colonel Macdonald, who is chief mastering out officer of the Infantry?
 A. Yes.
 Q. Did Lieutenant Van Deusen state anything to Higdon about those dis charges of you, and Majors Smith and Mcleod.
 A. Colonel Reinstatement Colo nel, was army officer, was chief muster ing out officer with headquarters at Montgomery, an artillery oficer-Van- Deusen had charge of us. Mcdonald was notified what Higdon was trying to put on our discharges, and notified NanDeusen to tell him if he attempted to put any, thing on to any mans discharge, any thing derogatory as a man and a soldier to put him under arrest
 Military Character of Kyle.
 MT. LomaX then read a letter from Captain J. B. Mcdonald of the regular army testifying to the high military character of Lieutenant Colonel Kyle. Captain Mcdonald was Lieutenant Colo