The Montgomery advertiser., 1901-11-24
WILL BE FIRST COURTMARTIAL Third Regiment Affair to Make Military History. BOTH MEN ARE PROMINENT
  It Has Become Sensation of the Hour in Alabama. < The Extreme Penalty for the Charge for Which It. Col. Kyle Will Be
 Tried is a Fine of $500 or
 Six Months in Jail
BOTH MEN ARE PROMINENT

For the first time in the history oi
 Alabama, military courtmartial consist
 ing of officers of higher grade than a
 Major will convene in Montgomery on
 December 10. to pass upon the controversy
 between Col. E. L. Higdon of Birming-
 ham. and Lieut.. Col. Osceola Kyle of
 Decatur, senior and junior commanding
 omcers. respectively of the 3d Infantry,
 Alabama National Guard
 Owing to the prominence of these off, csrs and the grave charges preferred by l colonel Higdon against Lieutenant Col | onei Kyle, the case is the sensation of the hour. It has attracted the atten-
 uon ot the whole State. Not only are tme hm, ,nh,atary mn men Of Alabama interested. | put the controversy has awakened deep | interest in political and social circles | Lieutenant Colonel Kyle. who is to be Iried on several charges preferred by lawyers, of North Alabama He has sev- | erai times represented Morgan County In the lower House of the General As
 semoly and each time was conspicuous because of his ability as a ready de-
 pater and an able speaker. He was a | close friend of former Governor John
 ston and was appointed by him as an
 Associate Railroad Commissioner; Lieu capacity when he was appointed by Gov ernor Jelks to the vacant tudgeship of the Eighth Judicial Circuit upon the death of the late Judge D. W. Speake. The military career of Lieutenant Col | onel Kyle began with his appointment by Governor Johnston to command a De catur company which volunteered its services at the beginning of the Spanish American war. The company was as- signed to the 1st Alabama Volunteers, commanded by Col. E. L. Higdon of Bir- mingham, and after the regiment reach eu Monlle, where the Alabama regiments n0hiliZad was appointed by Governor Johnston to be Major of that regiment. He was sue ceeded; as captain of the Decatur com pany' 5y Capt. w. E. Wallace. who had been First Lieutenant of the company. There was some opposition to the ap- polntment or Lieutenant Colonel Kyle to be Major of the regiment and 1t Is said that the bad feeling between Lieutenant Colonel Kyle and Colonel Higdon began at this time.
 Colonel Higdon has never held public office but he has for many years been prominent in the Alabama National Guard He began his military career as an officer in the old Birmingham Rifles which Is now Company K of the regi- ment which he commands. He has served in the various offices leading to his pres- ent high rank and he Is now serving his third term as commander of the reg | iment Colonel Higdon is one of the pro- gressive business men of Birmingham. and he Is prominent in the social and political life of the Magic City as well.
 It Is said that great many witnesses will be examined by the courtmartial, and assurance is given that many incl dents of the Alabama regiment during the Spanish American war will be re- hearsed before the court, which may or may not hold public sessions.
 Lawyers will represent both Lieutenant Colonel Kyle and Colonel Higdon. It Is not know what defense Lieutenant Kyle will make to the charges which have been preferred by his senior officer. Mill Lieutenant Colonel Kyle is one of the best lawyers in the State and that he will be prepared to undertake to disprove the grave charges which have been made against him.
 The extreme penalty which the Board of Court-martial may impose upon Lieu tenant Coloney Kyle under the law. if he is found guilty of the charges Is a six months. The court may dismiss him from the service. The finding of the court must be approved by the Cover nor and from the finding of the court Commander-in-chief of the National Guard. has the power to set the verdict of the court aside or to reduce the sen tence imposed.
 he had information that led him to be- lieve that before the matter was ended Lieutenant Colonel Kyle would file coun- ter charges against Colonel Higdon. He added that it was impossible to foretelI the result of the court-martlal if this ac- tion was taken. This officer gave it as his opinion that the court would be in session at least six weeks.
 Brigadier General Louis V. Clark of | Birmingham, the officer of the National | Guard who ranks next to the Governor tial He Is one of the best known men in Alabama and has been actively associat- | ed with the National Guard since 1887 | General Clark jumped into prominence Il ifor v1aaa wrrAA l-A | the State University in 1884 he com manded the famous Company E" of the Cadet Corps which won the trophy for prize drilling at the New Orleans expo ing college General Clark organized the Alabama Zouaves of Birmingham. the only zouave company which was ever admitted to the National Guard. He years and it was due to his efforts that the zouave company was merged into the Jefferson Volunteers. a famous mili- tary organization of Birmingham. From commanding officer of the Jefferson Vol unteers General Clark was elected Icolo- nel of the 2nd Infantry and served two terms This regiment under the reorgan- ization of the State Guard. became the 3rd Infantry.
 General Clark is one of the leading in-
 surance men of Birmingham and has
 9Sin ne9n prominent in the social business and military life of Alabama many years. | Colonel Robert B. duMont of Mobile.
 who will be a member of the court, Is also conspicuous figure In the military circles Of Alabama He has commanded the lst Infantry since the Spanish-Amer l ican war having been major in the 2nd
 Alabama Volunteers during that con iict Colonel duMont has been an officer l In the regiment which he now commands for more than ten years. and was in his younger days famous the best drilled man in Alabama"
 Colonel Eugene H. Graves of Eufaula.
 recently elected commander of the 2nd Infantry. and his junior officer, IIeutano ant Colonel May of Montgomery, will complete the Board of Court martial These two. officers are well known in Middle Alabama
 The Board will probably sit in the hall of the House of Representatives and It's deliberations will be watched with the greatest interest by Alabamians in every walk of life
 Germany and the Monroe Doctrine. In an article upon the interview with the German ambassador at Washington
 lately published The New York Times says:
 We cannot decently do anything else yayttt n bp h