The Montgomery advertiser., 1901-12-29
KYLE-HIGDoN coURTMARTIAL
 PROVES, VERY INTERESTING.

Thursday of this week will witness the beginning of trial by military court martial of an officer of high rank in the Alabama National Guard which promises to excel in point of interest and sensa- tionaI features any trial of like character ever before held in the State.
 The officer to be tried by the Board of CourtmartiaI fsT~ Lieutenant Colonel Osceola Kyle of Decatur, second in command of the 3rd Infantry. He is charged by Colonel F.. l.. Higdon of Birmingham, who commands the regi- ment and is consequently his superior officer. with conduct unbecoming an of ficer and a gentleman The charges are based on a letter which Lieutenant Colonel Kyle wrote to Colonel Higdon in which the commanding officer is called coward and other harsh names.
 The specifications accompanying the charges against Lieutenant Colonel Kyle allege that he has not only violated the statutes governing the National Guard, but that he has violated the articles of war This practically amounts to two counts in the bill and gives the Board of Courtmartial wide scope. since both of the officers involved served in the Spanish American war
 In Senate Chamber.
 The Board of Courtmartial will hold its sessions in the Senate chamber at the State Capitol. The length of It's sitting is problematical and depends largely on the issue which will be made by the Board. If the court decides that evidence concerning the acts of the of- fcers during the Spanish-American war is to be received, it Is said that there willsbe more than one thousand witnesses and that the court will drag along until the spring time. On the other hand, military men say that if evidence is only admitted concerning the letter written by Lieutenant Colonel Kyle to Colonel HiRdon, the sitting of the court will be of Short duration and an early verdict will be reached.
 The matter of executive or public ses- sio7s rests entirely with the Boaro or Courtmartial. It is said that owing to thes great public interest in the trial, 1t is very probable that the sessions or the court will be open to the public.
 The following officers of high rank In thA National Guard will compose the coRrt: Colonel Robert B. duMont Of MSone; commander Sf ! fse rnfad1a ist intaHtTS nog uander of the End Infantry; Lieutenant Colonel Charles S. McDowell, Jr., of Eu- fala. member of the Governors stan: lieutenant Colonel Herbert B. May Of Montgomery. second in command of the End Infantry; Major Edward M Robin son of Mobile. who commands a battalion of the 1st Infantry.
 The Judge Advocate. The Judge Advocate is Lieutenant Colo nea Graph J. Hubbard of the 1st h. faftry, who Is a; leading lawyer in Troy. He will represent the State and General W. -C-Oates- and Hon. Tennent Lomax of Montgomery have been employed by Lieutenant Colonel Kyle to represent him before the Board. If is doubtful if Colonel Higdon will be represented by counsel. His friends main tain that he Is not playing the part of a prosecutor in the case; that as com manding officer of the regiment he has merely filed charges with the AdJutant General against an inferior ofncer ana that the Judge Advocate Is sufficient to represent the prosecution. It IS IurtheI contended by military men that Colonel Higdon. under the law, would have no rigbt' to he represented by counsel unless bts lawyers were appointed assistants to the Judge Advocate by the Governor.
 If Is understood that Colonel Higdon has engaged George H. Huddleston and Sterling A. Wood. well known Birm- ingham lawyers, as personal legal ad- visers. and that In the event the Board of Courtmartlal rules that he may De Sspresented by counsel that he will nrobably retain a prominent Montgomery | iawver who has been more or less con- | nected with the National Guard. Beginning of Trouble
 The bitterness between Lieutenant Colo ,seI Kyle and Colonel Higdon began dur I- AAA Spanish-Ameriean war. When