The age-herald., 1902-01-05
Did Not Know About Trading.

Did Not Know About Trading.
 Witness said he did not know anything about the trading of the office of lieu tenant colonel by the friends of Higdon l to secure the election of the latter as colonel except Common report. This was objected to and the objection was l sustained.
 Witness said he had never heard any one in authority make the statement The witness was then questioned by MT Lomax relative to a meeting of some 1 of the officers of the Third regiment held in Birmingham.
 Did you attend a conference of the officers of the Third infantry in Birming- ham after these charges had been filed against Colonel Kyle?" asked Mr. Lomax. "A conference of some officers" replied Major Parkes.
 O.. You were present at that conference were you? A. Yes.
 | c. Was committee appointed at that l conference to wait on the Governor, the commander-in-chief in reference to this 1 courtmartial? A. would like to state that the first thing that meeting did was to pass a resolution that nothing would be made public. I would like to be ex- cused from answering that.
 MT. Lomax: If the court please, the rights of my client cannot be cut off by reason of any private agreement between these officers. No confidential communi- cation in this State is excluded from evi- dence by reason of its being confidential, except between attorneys and clients even a communication from a communi- .. cant to a priest is admissible In evidence.
 Judge Advocate: There Is no evidence that Colonel Higdon was present at the meeting or that he knew anything about 1t. If he can connect Colonel Higdon with this meeting, then we should have no ob- jection to the testimony, but there Is no connection whatever with Colonel Hfe- don. Colonel Higdon testified on cross- examination that he knew nothing about that meeting whatever, he only heard about it the next day and went down to the train to ask them not to come to Montgomery, and that was evidence brought out on cross-examination of Col onel Higdon. He has no connection with the meeting whatever. If they can show that he had. 1 will not object to the question.
 Announcement by the Court-The wit ness will answer the question. 1 Mir. Lomax-I believe you said some of- ficers and committee was appointed ? | A. The committee was to see the Gov 1 ernor under the guise--they wanted to un derstand why the date of the courtmartial had been changed and at the same time l to acquaint him privately of the fact that they believed the court was biased in that the adjutant general was placing on the court members who were from political association inclined to be favorable to Colonel Kyle; also that the adjutant gen. teral's office was not being administered | in a proper manner.
 | c. The adjutant general-Col. William I ". Brandon? A Yes.
 0. That was the purpose of the com mittee? A. So I understand. c. That was so stated in the meeting !? l A. Yes
 1 Q. Who were that committed? A. Well. sir, withdrew before the committee was 1 appointed. as soon as they announced the vote, l said l could not be party to | such a movement and withdrew.
 Q. Now do you know what committee came here? A. No. sir. do not
 Received an Invitation. o. Do you know how that meeting came | to be held? A. Well. sir I can simply state that I received a request to be pres l ent at meeting to be held to consider 1 matters of importance to the local mili- tary. Being the senior officer. was re- | quested to take the chair, and being un- l familiar with the object of the meeting | l requested some one to tell me. Lieu | tenant Brown arose and said that he was | probably the most active member in call ing the meeting and that 1t was for the | courtmartial and see that Colonel Hig- don got justice.
 Q. Do you know anything about the interview between the committee of of ficers that came down to the railroad station? A I do not.
 0. You do not know whether Colonel TIigdon ordered those officers not to come here. or not? A, do not. .a
 The witness was next questioned rela- tive to some transaction at the encamp- ment in Birmingham. He was member of the school of instruction, and corrob- orated the testimony of Lieutenant Has, son as to what had taken place there rel- ative to the latters resignation. Witness said the resignation was never In his hands, but was read to him by the regi- mental adjutant- He did not know what became of 1t. On cross-examination Major Parkes said he did not know if Colonel Higdon was aware of the meeting of officers held in Birmingham.
 Major Huey Called.
 Maj. T. T, Huey was next called. Major 1 Huey said that the last orders he re- 1 celved indicated that hc was in command 1 of the second battalion. but the news ! papers had stated Major Mcconnell was i in command of that battalion. Ho had