The Montgomery advertiser., 1901-11-16
COURTMARTIAL
 FOR COLONEL Military Board Will Try
 Ii. Col. Kyle. WILL MEET IN DECEMBER Colonel Higd0n the Com
 plainant in the Case. Charges Grew Out of the Controversy at Miami During the Spanish | American War When Regiment Was Mustered Out.
WILL MEET IN DECEMBER

' A general courtmartial, composed or of- hcers of high rank in the Alabama Na- tional Guard, will sit in solemn ceremony In the State Capitol during December. and it will probably deal with case that will go down in history as one of great inn portance in the military of the State. While the court will assemble to pass upon such eases as may come before 1t, well authenticated report was current yesterday that the courtmartial Will de- vote all of it's time to the hearing of charges preferred against Lieutenant Colonel Osceola Kyle of the Srd infantry. The complainant will be Colonel E. Lee Higdon of Birmingham, commander of the 3rd regiment. and the charges arc said to be of very grave nature.
 Col w. W. Brandon, Adjutant-General of the National Guard and chief or the Governors staff, admitted yesterday that an order would be issued today calling the courtmartial to assemble in Mont gomery December 10, and to sit until its business Is disposed of. He said the or der would not specify any particular case that the court is to consider, but that it would be a general courtmartial.
 The Adjutant- General declined to dis cuss the controversy between Colonel Higdon and his junior officer, Colonel Kyle but said that if charges were pre- ferred against Colonel Kyle, they would go to the Board of Courtmartial. It is known that Colonel Higdon has submit ted charges against Colonel Kyle and that these charges are now on record in the office of the Adjutant-General. The charges probably contain numerous counts among which is "disobedience to orders and neglect of duty"
 Colonel Brandon positively declined to make public the names of the officers who will compose the Board of Courtmartial, saying that their names would be an- nounced in the order which he will issue today by direction of Governor Jelks. From another source, it was learned that the Board will consist of Brigadier-Gen- eral Louis V. Clark of Birmingham, Colo mel Robert B. du Mont of Mobile. com manding the 1st infantry; Colonel Eugene H. Graves of Eufaula, commanding the End infantry; Lieutenant-Colonel Graph J. Hubbard of Troy, second in command of the 1st infantry. and Leutenant-Colo- mel Herbert B. May of Montgomery, End | in command of the End infantry.
 The senior officer of the court, Briga- dier General Clark. will under the law preside over its deliberations and the Recorder of the Court will be the junior l officer, who is Lieutenant Colonel May of Montgomery.
 ! cry, Judge Advocate General on the stan | of Governor Jelks, will represent the State in the prosecution of all cases and 1 the papers in all cases wAll be placed n his hands when the court convenes. IL is pointed out that the trial of an ofii- ger with the rank of Colonel that only | officers of equal or higher rank can oc- cupy places on the Board, and that this court will consist of no officer below the rank of Colonel. It is doubtful II any case other than the case. against Colonel Kyle will be considered by the court and 1t is said by well informed military men that this case will prob ably consume several weeks.
 The controversy between Colonel Hig' don and Colonel Kyle is the outgrowtn of trouble which began to brew in theii regiment while it was encamped at Mi' war, and it is said to have grown until
 there now exists the bitterest persona feeling between the two officers.
 At the outbreak of the war Colone bama Regiment, rendered his commane intact to the President, through the Gov
 ernor of Alabama. The tender was ac cepted and the regiment was ordered t'
 Volunteer Infantry" Capt. J. B. Me
 Donald, of the regular cavalry, recent!
 seriously wounded in the Philippines
 was appointed by the War Departmen
 and Colonel Kyle, who is promlnen
 citizen of Decatur. was appointed D
 Governor Johnston to command one O
 the battalions as Major:
 eral months of camp life in Mobile
 Jacksonville and Miami and when tn
 war was practically over, Colonel Hig
 don applied to Governor Johnston t
 have his regiment mustered out Of tn
 Government service. He said in effec
 that his men were not permitted 10 en
 gage in any of the fighting in Cuba
 as a large majority of them were youn
 Alabama business men they did not de
 sire to go to Cuba merely to perform
 garrison duty
 tagonized by a large number Of the oin
 cers of his regiment but 1t is said tn
 enlisted men gave him their hearty suI
 port. His efforts were finally rewarde
 and the regiment was mustered out, tn
 men returning to their peaceful aVoca
 tions. The germs of discord had bee
 sowed. however. and many of the ofncer
 retired to private life with no gooo ieel
 ing for their commanding officer
 1t came about that Colonel Kyle, wh
 had been with the 1st Alabama volun 1 teers as a Major, was elected Colonel c
 the 3rd Alabama. which was really th
 list Alabama Volunteer infantry reor ganized. Colonel Higdon was elected 1t I commander when it was reorganized an friction began to be felt between the Col onel and the Lieutenant colonel It said the regiment was ordered into prac | l lice encampment but Colonel Kyle faile to appear Other orders, 1t is said. wer sent to Colonel Kyle, but he did not siv them his attention
 Some time ago Colonel Higdon took II
 the matter of disciplining Colonel Kyl
 with the Governor. commander-in-chie
 of the Guard. The Adjutant General wa
 called into conference and military on cers who are friendly to both Colon;
 Kyle and Colonel Higdon expressed tn hone that the matter had been amicabl adjusted and that court martial woul not follow. Officers now say that Colon | HiRdon was not satisfied with the situs ] tion and that he has filed formal charge \ l against Colonel Kyle and that the meri | of the case will be passed upon by tt | Board of Courtmartial which will toda ! be called to meet in the State Capitol D, | cember 10.
 | Colonel Higdon is one of the most pron | inent business men in Birmingham. Fl 2 has been cOnspicu uous in the military Ii of Alabama for about fifteen years co ! onel Kyle is equally well known. He h. ! been even more prominent in Alaban ! public life. having twice represented Mo | gan County in the lower house of tI \ Alabama legislature, served a term ! Railroad Commissioner and is now pr | l,I5 Trtln rf Ahr -,t