The Montgomery advertiser., 1901-12-24
KYLE-HIGDON
 GOVERNMENTAL Many Witnesses Have
 Been Summoned. BOTH SIDES ARE READY Arrangements Have Not Yet
 Been Completed.
BOTH SIDES ARE READY
Investigation May Go Back to Span ish-American War Thereoy Necessitating the Summoning as Witnesses Several Hun
 dred Officers and Men.

A leng+hv conference was held yester day afternoon at the Exchange Hotel De- tween Col E. l.. Higdon of BTmlnsham and Col. Graph J. Hubbard of Troy. Colo mel Hirdon commands the Srd infantry, National Guard. He is the author Of the charges against Lieutenant Colonel Kyle of the same regiment which will be heard by a board of courtmartial to convene in Montg omery January ?. Colonel Huo- bard has been appointed Judge Advocate of the court.
 In an interview yesterday Colonel Hlg- don said he was entirely satisfied with the personnel of the Board of Courtmar- tial. and hoped there would be no post ponement of the court.
 Notwithstanding Colonel Htgdon said he came to Montgomery to secure equip ment for his regiment and Colonel Hub bard averred that he was here on legal business, it is known that the officers met in Montgomery by previous appointment. Colonel Higdon returned to Brming- ham yesterday evening and Colonel Hub bard went to Troy on an afternoon traln' Both officers were reticent about the ap- preaching courtmartial.
 Colonel Hubbard said that he hoped to meet the Adjut anti G neral in Mont gomery, but was disappointed to find, upon reaching here, that Colonel Brandon was in Tuscaloosa. He said the final ar arrangements for the courtmartial would be made by the Adjutant- General, and he had not yet been informed what room in the Capitol would be used by the couft.
 How many witnesses will there be?' Colonel Hubbard was asked;
 That is enti=sly-4T5b 5blsmatieai, he re- pied. At least ten have already been summoned, but there may be more"
 :"wiu the sessions of the court be open to the public?''
 q should say that there would be pub lie sessions. However, that Is a matter for the court to determine, and one do not care to discuss"
 What defense will Colonel Kyle offer for writing the letter to Colonel Higdon on which the charges are based?'
 of I knew, I could not discuss that phase of the matter" Colonel Hubbard replied, indicating that he had no fur ther information On the subject which he cared to make public.
 After the conference with Colonel Hub bard. Colonel Higdon went to the State Capitol. where he saw Governor Jelks and had short interview with him.
 So far as I am concerned" said Colo mel Higdon, there will be n1 postpone ment of the courtmartial. The officers comprising the court were appointed by Governor Jelks. and as an officer of the National Guard, I have ID fault to find with them The charges were preferred by me against ColCnel Kyle merely for the good of the service. and am willing to stand by the verdict of a courtmartial composed of officers of the Guard be- cause I believe they have the best Inter est of the service at heart"
 Have you retained counsel to look after your interest?" Colonel Higdon was asked.
 No; the State is prosecuting the case and I am only a witness" he replied "Georgo H. Huddl5 ston and Sterling A Wood of Birmingham are my legal ad- Niscrs but I do not think they will rep resent me before the court. It is barely possible, however, that the Judge Advo- cate will have assistant counsel
 It was learned yesterday from sources other than the two visiting officers that Colonel Kyle had summoned as witnesses nearly every officer who served with the 1st Alabama Volunteers. of which Colonel Higdon was the commander. during the Spanish American war. This Is said to indicate that Colonel Kyle will undertake to ask the courtmartial to go into the controversy between Colonel Higdon and himself during the Spanish American war in order to show that he had cause for writing the insulting letter to the Colonel of his regiment.
 "If the court admits evidence concern ing the action of the officers during the Spanish-A 4 mcTican war, said military officer yesterday, who admitted that he felt friendly toward Colonel Higdon, the testimony before the court will be end- less It would undoubtedly involve the summoninge of four or IiTe 1S,,s hundred fred men men trouble between the officers and men or the 1st Alabama during the war with Spain would he threshed over again. Tn my opinion it would be the admission of extraneous matter, The principal question involved is was Colonel Kyle guilty of a breach of discipline in writ ing an insulting letter to his superior officer. If admission of testimony con corning the actions of the officers during the war IS necessary to prove or dlS- prove the charges, then there tp. IS no teli. tho ing how many days. weeks or months the court will he in session.
 Colonel Higdon declined to discuss this feature If the case. declaring mat II was manifestly improper for him to make any public statement whatever about the forthcoming trial. He ad- mitted, however, that Capt. H. B; Ken nedI his Staff Adiutant. Capt. ", E. Gardner. his Staff Quartermaster Lieut.. Lucien E. Brown. and other Birmingham officers would testify before the court Heretofore stated by The Advertiser, former Governor w. C. Oates and Hon. Tennent I,omax of Montgomery, have been retained by Colonel Kyle to repre- cent him before the Board.
 Governor Oates in an interview yes terday evening. said that MT Lomax and himself had already had a confer. ence with reference to the'case and that @ the answer to the charges against Col onel Kyle would be filed with the court martial on the first day of its session: He declined to make public the line oi defense ..,--
 Tn fact" said Governor Oates. "the line of defense will depend altogether or the issue made by the court. The charges allege violation of the statutes and violation of the articles of war. Il remains for the court to make the is- sue"
 Isfaction with the personnel of the