The Montgomery advertiser., 1901-12-29

he not upon his own application been relieved from duty on the court. Col. Francis G. Caffey of Montgomery, was detailed as Judge Advocate. but he, too, was relieved from duty because of the fact that he is Judge Advocate General on the Governors stair and may be called on. to review the finding of the court.
 The original order fixed December 10 as the date for the assembling of the courtmartial. It was postponed, 1t is said, upon the request of Lieutenant Coli onel Kyle, who had important engage ments for the original date.
 Will Not Discuss Matter.
 Both Colonel Higdon and Lieutenant Colonel Kyle have steadfastly declined lication, but their friends, inside and out side the National Guard, are taking a deep interest in the outcome of the trial While the interest in the difficulty ram flies throughout the National Guard, 1t has created the deepest interest In polit- ical circles on account of the prominence of the two principals.
 Lieutenant Colonel Kyle has several times represented Morgan County in the lower House of the Legislature. He was appointed Railroad Commissloner by Governor Johnston and was serving in that capacity when he was selected as Judge of the Eighth Judicial Circuit. which position he now holds. The fact that he is a Circuit Judge gives sen sational feature to the case. Eminent lawyers who have read the letter writ ten by Lieutenant Colonel Kyle declare that the closing paragraph Is an invita- ton for & challenge to fight duel, and as such is clearly within his oath
 Colonel Higdon has been prominent in the National Guard many years. He began his career as private in the Birmingham Rifles, and has served in the various offices which lead to the high rank which he now holds. He Is well known business man of Birmin gham. and was once a candidate for Sheriff of Jefferson County.
 Lieutenant Colonel Hubbard.
 Quite as much interest attaches to the Judge Advocate who will represent the State as in the two principals to the controversy. Lieutenant Colonel Graph J. Hubbard Is one of the foremost young lawyers at the bar in Troy and is a son of Judge J. P Hubbard. He com- manded the Troy Rifles before he was elected Major in the lst Infantry. From this position his fellow officers chose him as Lieutenant Colonel of this branch of the service He was originally detailed to serve on the courtmartial and when Colonel Caffey was relieved from duty as Judge Advocate he was selected by the Governor to fill this important position.
 Lieutenant Colonel Hubbard has ap- pointed Pat McGauly of Montgomery of ficial stenographer of the court and stem ographic reports will be made of the tes- timony and the argument.
 While Lieutenant Colonel Kyle, his lawyers and his friends have refused to make public his line of defense 1t is be- lieved that he will undertake to show in the first place that his letter to Colonel Higdon was purely of a personal and un- official character. Then it IS said he will undertake to prove that Colonel Higdon acted in n manner during the Spanish var to warrant him ir declining to re- spect his official authority. In other words he will try to show justification of statements mlde in the letter.
 If the Board of Courtmartial admits evidence touching upon the acts of the officers during the war with Spain the friends of Colonel Higdon declare that he will summon every man who was at tached to his regiment. This would in- Nolve the bringing to Montgomery at the expense of the State, some 1,500 men to testify as to the acts of the two of!i- cers during their army service.
 Ten Witnesses Summoned.
 In recent interview Lieutenant Col oneI Hubbard said that only about ten witnesses had been thus far summoned. He declined to give their names but it is understood Colonel Higdon has had summoned for the State Captain H. B. Kennedy. Captain W. F. Gardner and Lieutenant Luclen C. Brown of Bir- mingham Lieutenant Colonel Kyle 1t is said has had Colonel Tom O, Smith of Birmingham and other officers who serv- ed during the Spanish war summoned. Major D. D. Mcleod of Anniston and Chaplain Fitzsimmons of Birmingham. who were active in the opposition to Colonel Higdon during the war. have
 If If the s'Ei Board or, eourtTnartiai finds Lieutenant Kyle guilty of the charges l. is empowered to dishonorably dismiss