The Montgomery advertiser., 1902-01-11
Morning Session.

at 9 o'clock yesterday morning. i Judge Advocate Hubbard announced l that the stenographer had prepared all Of the testimony submitted last week. and'
 1t was ready for verification. but the
 witnesses were not present.
 General Oates said that pending the arr
 rival of witnesses, the court could go | ahead with new testimony, and that
 Lieutenant-Colonel Kyle was ready to go on the witness stand.
 This announcement caused murmur to
 run through the big audience which had assembled, and Lieutenant-C Colonel Kyle
 moved over and took his seat in the wit
 ness chair at 9:2o o'clock.
 Lieut.. Col. Kyle on Stand.
 For one hour and forty minutes. Lieu tenant Colonel Kyle was examined. His direct testimony consisted of a straight forward narrative of his connection with the Alabama military, his record in the Spanish war, and his controversy with Colonel Higdon resulting therefrom. His testimony was delivered in a clear, res-
 onant voice and with as much earnest
 ness as if he were charging jury.
 The direct examination was conducted
 by General Oates, and Leutenant-Colo-
 mel Kyle began by giving his name and | rank. | "What experience have you had in mill | tary service?" General Oates asked.
 T was a member of the Birmingham Rifles from 1879 to 1882, period of about | three years" said Leutenant-Colonei
 Kyle T was a member of the Lee Light l Infantry at Opelika for two or three l years; was also first lieutenant of the Guards, a company in Decatur, for about three years
 | c. What time in Opelika. did you say? | A. From some time in 1883 when the company was organized, until about 1886, when I ceased my connection with the company: then in 1885, the Decatur com pany was organized. and I was with that about two years as first lieutenant. That is the extent of my connection with the Alabama National Guard. except since the 3rd infantry has been organized, since the Spanish war; since that time I have been lieutenant-colonel of the regiment.
 0. What was your position in the 1st regiment?
 I A. Started as captain from Decatur then made major in the 3rd battalion and
 held that position until we were mustered T out.
 T Q. And then on the reorganization of the 3rd regiment?
 T A. On the reorganization of the 3rd T regiment, was elected lieutenant colonel
 Major Smith being elected colonel of the
 regiment and hold that position now.
 
 hibits tshewing witness). Now, Colonel Kyle, you have read those charges and
 are familiar with them and the exhibits. Win you proceed and make your own statement touching those charges and fyeur services out of which they grew? just go ahead and make a statement in your own way to the court.
 Then Lieutenant-C Colonel Kyle told the
 story of his trouble with Colonel Higdon.
 Kyle Talks of Trouble.
 "As I have stated" said Lieutenant
 Colonel Kyle. during the Spanish Ameri | can war, l was ma jor of the 1st Alabama | United States volunteer infantry During that time. on one occasion, Major Smith | and Major Mcleod and myself, the three 1 majors of the regiment, as a committee representing forty-five out of fifty com missioner officers of the regiment waited
 on Colonel Higdon and asked him to re-
 sign as colonel on the ground that he was incompetent as an officer to command the regiment. That was the night before Colonel Higdon left Jacksonville, Fla. on
 a furlough to go to Birmingham, Ala l ten days leave of absence. After that,
 the next day Colonel Higdon went to | Birmingham and then the newspapers
 there started the movement which mainly | resulted in the regiment being mustered out. Up to that time. no movement nor I | that I know anything about. Well, he 1 got very mad when we asked him to re- | sign, and there was a good deal of con- | versation had between us. Major Smith l was spokesman, but each of us took part | in that conversation. l "A few weeks after that. when We came | to be mustered out in Birmingham. Ala | encampment at East Lake, near Birming l ham-to the best of my recollection, the 3Oth day of October, 1898, the day before | we were mustered out, 1t may
 have been, however, the 3lst of | October. l happened to go into | the adjutants tent and l saw
 paper there with my name on It. took | 1t up and looked at it and it proved to
 be discharge. After some complimenta- l ry language, it wound up in this way: | He has always been loyal and honest, l except in one particular Well, l did l not like that, of course. It happened
 that Colonel Higdon was not about at
 the time. He was out at some other part of the camp. There was fire out in front of the Adjutants tent and being | d raw, blustery day in October, l stood | by that fire and waited, l presume. thirty | minutes or longer, for Colonel Higdon to return. During that time. I thought over the situation and, not knowing any bet ter, not knowing but he had the right | to do that, l thought he had the ad- vantage or me ana l would make the best of Lny situation.
 When he came back, l. said to him, | Colonel. I saw my discharge in the ad- | Jutant's tent a while ago, and 1 am | satisfied you put something on there | that you did not intend to say He asked. What was that? ''I said. You state or there that l have always ben loyal and honest except in | one particular, that is the equivalent of saying that at least in one particular,
 have ben disloyal and dishonest?' He said to me No, 1 did not mean to say you have been dishonest T said. Well. Colonel, that is what you said.
 He said, Well, l did not mean to say that.I will have that changed Had Not Been Loyal. He took step or two in the direc- | ti6n of the adjutant's tent and then | turned to me and said. But ] did mean to say wou had not been loyal "I said. in what respect have I not been loyal?'-and my mind at once re- vcrted to what l referred to as having | explain that here.
 While at Miami, Fla. my battalion was ordered to Cocoanut Grove for tar | get practice which was a distance I sup | pose of five or six miles and We marched | there in the morning spent a day at tar | get practice and marched back, getting l back just before dark. Shrotly after | getting back to camp, 1 went up to the | Colonels headquarters and Captain | Pride. who was then lieutenant of Com