The Montgomery advertiser., 1901-12-10
HIGDON MEN CALL ON JELKS' Do Not Like New Court
 martial Date. MEETING IN BIRMINGHAM The HigdOn Faction Declares
 No Compromise.
Letter of It. Col. Kyle, They Say, Cannot Be Withdrawn, Even if It is Desired and Case Will Ga
 Before the Military Court.

10 to January ?. They are not satisfied with the change in the personnel of the court and it is said they have told Gov ernor Jelks so.
 Three officers of the 3rd Infantry came to Montgomery yesterday from thelr homes in Birmingham. They are 1rienos of Colonel Higdon and they came here to confer with Governor Jelks and Adju- tant General Brandon with reference to the general courtmartiai which has been ordered to convene at the State Capltoi January to try Lieutenant Colonei os- ceofa Kyle of Decatur on charges pre- ferred by Colonel Higdon of conduct un- becoming an officer and a gentleman. The officers were Captain Hughes $. Kennedy, commander of Company G, ara Infantry, and Acting Adjutant of the regiment: Captain Walter F.. Gardner, | Ouartermaster of the regiment, and First Lieutenant Lucien c. Brown Of com pany K. Wearing great military overcoats ana with martial tread the officers proceeded | to the Capitol soon after they reacheo | the city. For thirty minutes they inter | viewed the Governor, called at the once of the Adjutant General to pay thelr re- spects, found Colonel Brandon apseht | from the city, dined at Fleming's ana re- turned to Birmingham on tram leaVihs at 4 o'clock in the afternoon
 | "we had a very satisfactory interview | with the Governor" said Captain Ken nedy the senior officer of the party ou. business with him was unomciai anu | nurely of a private nature. As personal | friends of Colonel Higdon ana omcers oi | his staff, We merely desired to lay peioIe | Governor Jelks certain matters pertaihins | to the approaching courtmartial ana we came to Montgomery to see the GoVerhor l of (NnInnRl | If was suggested to Captain Gardner that inc courtmartial had been post Fnoned in the hope that the trouble pe- | tween Colonel Higdon and Lieutenant Colonel Kyle could be settled out or court
 "Nothing could be further from the thoughts of Colonel Higdon, declared Captain Gardner emphatically. hie Colonel Higdon has steadfastly reiuseo to discuss the case in the newspapers ana otbarwise YOU can state positively that the case will go to the court. He Will not hermit a withdrawal of the letter neither will he accept an apology. We have been urging the assembling of a courtmartai for three months and we have the matter | where we want it now. Further than thls I cannot discuss the case because you must understand that a discussion or IL necessarily brings in officers who are our superiors in military rank and we cannot QlScuSS lnem l, While the officers were reticent about the courtmartial and their business in Montgomery. 1t was definitely learned that. as friends of Colonel Higdon, they came here to point out to Governor Jelks that certain officers who have been de- tailed to serve on the Board of Court martial are not satisfactory to Colonel Higdon and his friends Moreover 1t Is said that the officers showed the Gov
 fnr hn ing of the court, January ?. is inconVe- nient. being the beginning of new year and a busy season It is said they ex- pressed dissatisfaction at the postpone ment of the court but declared that Col onel Higdon and his friends would pc here on that date and hoped no further ostponement would be made.
 It was broadly intimated by one or the officers that the friends of Colonel Higdon were dissatisfied with the changes made in the detail for the cOurtmartial whereby Brigadier General Clark was re- lieved from duty and Lieutenant Colonel c. S. Mcdowell of Eufaula and Major | Edward M. Robinson of Mobile were add ed to the court. It was suggested that Major Robinson Is ineligible to serve on inc board by reason of being an officer of inferior rank to Lieutenant Colonel | Kyle.
 Sterling A. Wood and George II. Hud- dIeston. Birmingham lawyers, will rep resen tColonel Higdon in the prosecution of the case and they will probably demur | to Major Robinson serving as member of the Board of Courtmartial on the ground that he Is a personal and pontlcal friend of Lieutenant Colonel Kyle, ana that he is of inferior rank to the de- fendant.
 It was said yesterday that Lieutenant Colonel Kyle had retained two well known Montgomery lawyers and that he would endeavor to show that the letter he wrote to Colonel Higdon, which is the basis or the charges against Lieutenant Colonel Kyle, was a personal and not an official communication.
 After the interview with the military officers Governor Jelks said he could not give out anything for publication con- corning the visit of the officers.
 'The gentlemen merely paid me so- cial call and we incidentally discussed military matters said the ioVerhor' l,"No. there is nothing new about the annroaching courtmartial that I can give you" .-.,-..
 The Birmingham Age-Herald yesterday morning told the following story Of meeting of officers held in that clty sun day evening"
 "A communication said to be in the form of a round robin Will De preseHteu to the Governor of Alabama, as com mander-in-chief of the National Guard asking why the courtmartial of Lieuten- ant Colonel Osceola Kyle has been delayed and why the personnel or the court has been changed.
 This petition, request or round robin has been or is being compiled by com mittee of local military officers who are known to favor the cause of Colonel k. L, Higdon and the expul ion of Aeuten- ant Colonel Kyle and will be presented to Governor Jelks within few days.
 The round robin was conceived at meeting of fifteen National Guard officers last night at the Hillman Hotel at which the Higdon-Kyle feeling cropped out and after a vote had been taken on the propo- sition five men holding commissioners withdrew and refused to be party to the search for information"
 These five officers are said to hav' had as much information as they desired and thought it was against military dis cipline to consult the commander-in-chie about his actions concerning a cour martial.
 Before withdrawing, however, thel agreed to a resolution which contemplat ed the appointment of a committee t' investigate bill which will be presents'