The Montgomery advertiser., 1901-11-22
COURTMARTIAL CHANCE MADE. It Col. Hubbard Will Be
 Judge Advocate. COL. cAFFEY VETERANS Sessions May Be Held in Pub r lie, It is Said. Advertisers Story of the Nature of Col. Higdon's Charges Caused
 Much Interest Throughout
 tAe Entire State.

Governor Jelks yesterday relieved Col. Francis G. Caffey, Judge Advocate-Gen- eral of the Alabama National Guard, from serving as Judge Advocate of the general courtmartial which Is to assem- ble in Montgomery December 10 to hear the controversy between Col E. l.. Hig- don and Lieut.. Col. Osceola Kyle of the 3d Infantry. Colonel Caffey was relieved from this detail by his own request and the Adjutant General. Colonel Brandon, Lieut. Col. Graph J. Hubbard of the lst Infantry. to the duty of Judge Ad- vocate of the courtmartial Lieutenant Colonel Hubbard is a we'll known lawyer of Troy.
 The charges and specifications against Lieutenant Colonel Kyle submitted to the Governor by Colonel Higdon. were forwarded to Colonel Caffey Wednesday. Yesterday Colonel Caffey called upon Governor Jelks and Colonel Brandon, who is chief of the Governors staff. and of acting as Judge Advocate of the Board of Courtmartial. It is probable the Board will be in session several weeks and as Colonel Caffey is very busy man he said that he would not be able to give the matter the attention that us lm- portance demanded.
 After conference between the Gov cided to relieve Colonel Caffey from the Roard and Colonel Hubbard was selected as Judge Advocate to look after the in- terest of the National Guard during the sittings of the courtmartfal. The following order making the change in the personnel of the Board was then November Fist. 1901. ''Col F. C.. Caffey having been re- ueved from duty as Judge Advocate. as per Special order No. t6 A.. c. o., of date of November 18th, 1901, Lieut.. Col: Judge Advocate He will assume duties as Judge Advocate of said Court, to be holden at the Capitol in the city or Montgomery. Ala, Tuesday. Decempea ai, sea | filed with Colonel Hubbard as Judge Ad- vocate. Colonel Hubbard will issue all writs and orders necessary to the proper conduct of the Court. and will be ooeyeo | and respected accordingly.
 By command of the Governor. l "Wm. w. Brandon, | "Adjutant General" | Pursuant to this order, Colonel Caffey 1 has returned the charges and specified tions against Colonel Kyle to the Ad1u- tant General, and they will today be for warded to Colonel Hubbard at Troy.
 noon % that no officer would be named tc fill the place of Colonel Hubbard who was originally named as member of the | Board of Courtmartiai. He explained | that under the IulllIhTy StdtutCc syn erai court-martial may consist of thre. l or five officers and that 1t would not p necessary to fill the place Of Colone Hubbard on the Board.
 1 The Adjutant General said that 1t wa probable that the court-martial would hold its sessions in the hall of the House of Representatives. He said he thought of securing the Supreme Court room bu on reflection he discovered that the Cour' would be in session during the sitting; of the court-martial.
 Colonel Brandon said he did not know whether the court-martlai would nav open sessions; that, he said, was a mat ter for the Board itself to determine. H' intimated, however, that since publicity
 had been given the charges against Lieu tenant Colonel Kyle, which was express ly against his wishes, the Board migh
 have public sessions.
 The exclusive publication in Alabam by The Advertiser yesterday morning o
 the nature of the. charges against Colo nel Kyle caused widespread attention ant was the sole topic of conversation yester
 day among Montgomery military men. l
 was known by a few officers that tn controversy between Colonel Higdon ant
 Lieutenant Colonel Kyle had reaches white heat, but only few officers wh' are personal friends of the parties to thu
 controversy realized that these ;Ss officer noir where resort to the code duello or a mil
 itary enquiry was entirely necessary Several Montgomery officers were ques ttoned concerning the length or tlme tn
 hearing would occupy and the prooaoil ity of public sessions. The question wa
 reluctantly discussed and in some case officers positively declined to talk abou the approaching court-martial.
 T should think the hearing would con sume at least two weeks" said an off cer. Tt is more than probable the Boart will have open sessions. The whole Stat is interested in a matter of so mucl
 moment to the National Guard that 1 seems to me 1t is imperative that tn,
 Board have public sessions. If the evi dence Is heard publicly the hearing vii attract military men from all parts o Alabama to Montgomery and the cas- will become famous in our military his