The Montgomery advertiser., 1901-12-05
JANUARY END THE DATE
Colonel du Mont and MajOrMc-
 D0Well Named to Act.
General Clark Will Not Preside as Has Been Announced-Change in Date Said to Be at It.
 Col. Kyle's Request.

The General Courtmartial, composed of officers of the National Guard. which was called to assemble at the Capitol December 10 for the purpose of hearing charges preferred agsinst Lieutenant Col crel Kyle of I'ecatur, by Col. E. l.. Hig- don of Birmingham, has been postponed Until Thursday January g. Brigadier General Louis V. Clark, who was to act as President of the Court. has been re- heved from duty on the Board oi Court martial, and Col. Rober, U. ~ Iont, ccmander of the 1st Infantry, whi preside ever its deliberati. ms.
 By direction of Governor Jelks, the Ad1"tant General yesterday issued an q del making these changes and also de- taiint: Lieutenant Colonel Charles s. Mcdowell of Eufaula, and Major Edward N. Robinson oi Mobile. as members of dier General Clark and Col. Francis G. Laifey or Montgomery. both of whom asked to b. relieved of the duty. Col onel Mcdowell Is a member of the Gov ernor's stan. Major Robinson commands a battalion of the 1st Infantry. He Is a prominent young lawyer of Mobile
 The order issued by the Adjutant Gen. era, annuls his previous order. It is as follows:
 State of Alabama,
 Adjutant Generals Office,
 Montgomery, Dec. 4th, 1091. SEecial order NO. tS:
 l. Special Order No. 56, Adjutant Gen erals Office, of date November IS, 1901, is hereby annulled. and the following is- sued in lieu thereof:
 /. A General Courtmartial is hereby appointed to meet at the Capitol in the city of Montgomery. Ala. at 19 m., Thursday, January 2. 1902. or as soon thereafter as practicable, for the trial of such persons as may be properly brought before 1t.
 Detail for the Court.
 CI. R. B. Du Mont, 1st Infantry.
 Col. F. H. Graves. End Infantry.
 Lieut.. Col. H. B. May. End Infantry. Lieut.. Col. c. s. Mcdowell, Governors Major E. M. Robinson, 1st Infantry. Lieut.. Col. c. J. Hubbard, Judge Ad- vccate.
 The Court is ordered to sit without re- The Journeys required in complying with this order are necessary for the ;. Detail for the Court will report at the place and hour above set forth in fatigue uniform. which will be worn dur ing the sessions of the Court.
 By order of the Governor.
 Wm. w. Brandon,
 Adjutant General, Colonel Kyle has been In Montgomery two days. He left for his home in De- catur yesterday evening. Brigadier Gen. and called at the Capitol to see the Gov erno:. While military officers are reti- cent and in fact decline to discuss the approaching courtmartial, 1t Is believed that the changes made in the date of the courtmartial was to meet the con venience of Colonel Kyle. A lawyer said that 1t was very probable Colonel Kyle had indicated that if a postponement was not ordered he would be compelled to mako a motion for postponement when the courtmartial met. The post ponement would have undoubtedly been granted and the State would have had the expense of mileage and per diem for the officers which it saves by the post ponement.
 Colonel Kyle, when seen by a repre- sentative of The Advertiser, pleasantly but firmly declined to say anything about the courtmartial. It was reported yes terday that during his stay here he had retained 8 prominent Montgomery law firm to represent him before the Board of Courtmartial
 It is said that General Clark request ed Governor Jelks to relieve him from duty on the Board of Courtmartial be- Colonel Higdon The friends of the Brig adler General point out, however. that he is a very busy man and that he could not give so much of his time as would be necessary to the sittinss of the court martial
 Colonel Brandon. Adjutant General of tho National Guard, said that he could not discuss the case
 The Governor has merely directed me to change tho original order. said Col onel Brandon. and he has relieved Gen eral Clark from the court and added the names of Colonel Mcdowell and Major Robinson"
 Lieutenant Colonel Kyle Is to be tried for conduct unbeconing an officer and gentleman" preferred by Col E. l.. Higdon, commanding officer of the 3d h. fantry. Lieutenant Colonel Kyle Is the junior commanding officer of that reg- ment. He is Presiding Judge of the A--ghth Judicial Circuit and one of the leading citizens of North Alabama.