The Montgomery advertiser., 1902-01-12

i. homes this morning.
 ss @ sas With the completion of argument py the lawyers at 1:io o'clock last night the general courtmartiai, composed of officers of the National Guard, assembled to hear the evidence in the case against Lieuten- ant ColoneiOsceola Kyle of Decatur, went into executive session to consider it's finding and the hall of the House of Representatives was cleared of all special tors Soon after the hall was cleared the court adjourned. It is expected that IL will reach a decision Monday.
 The finding of the court will be sealed and transmitted to the Judge Advocate Lieutenant Colonel Hubbard, who will in tarn send it through the proper military channels to Governor Jelks. It is eX- pected that the Governor will be assisted in reviewing the case by Colonel Francis C. Caffey Of Montgomery. who is Judge Advocate General of the Alabama National Guard. It is doubtful ii the finding of the court will be made public within the next two weeks. ...
 Colonel Higdon. commander of the 3rd Infantry, who preferred charges against Lieutenant Colonel Kyle, went to his home in Birmingham yesterday evening" Lieutenant Colonel Kyle will remain in Montgomery today. He Will pronapiy 30 to Decatur tomorrow.
 Interest in the courtmartial was inten- sified yesterday by the announcement that the lawyers were to speak ana great crowd, consisting largely of women was on hand early in the day. They sat patiently throughout the weary morning hours and listened to the verl- tication of much old testimony. ,,. The only features that relieved the monotouy of the morning session was the recalling of Colone! Higdon and Cap tain H. B. Kennedy of Birmingham, who were briefly examined. -..-.---. .. Colonel Higdon swore positively that Lieutenant Colonel Kyle did not tell him that unless he changed the endorsement un his discharge he could not i've. Cap tain Kennedy swore that he had not been Lieutenant Colopel Kyle in uniform since he had been elected to the office he now holds and had never seen him in the uniform of d National Guardsman.
 The argument began at the afternoon session being opened by Mir. Lomax, junior counsel for the accused officer. Mir Lomax spoke two hours and ten
  that has characterized his jury addresses as solicitor of the Montgomery City Court During the course of his re- marks he declared that the accused was as brave as Spartan and the sentiment was applauded. This was the first and bniy applause of the day and the presi- lent of the court Colonel duMont, severely rebuked the spectators for this manifestation of their enthusiasm.
 ioht spoke one hour and forty minutes and Judge Advocate Hubbard, for the State ..losed with d fifteen minute address to the court in which he said that he did not conceive it to be his duty to make a lengthy presentation of the case.
 The lawyers for Lieutenant Colonel Kyle contended that in the first place the whole courtmartial proceeding was un constitutional; that secondly the accused officer was not in active service when the alleged offense was committed; that thirdly he could only have been guilty Of d single breach of discipline that being his absence from the encampment of the 3rd Infantry without leave and fourthly that he had Justification for writing Colonel Higdon the personal and unof- ficial' letter on which the charges were based
 In extenuation of the offense of being absent from the encampmept without leave the lawyers pointed to the prepon- derance of evidence to show that Lieu tenant Colonel Kyle was i'll in New York during the encampment.
 In the course of his address to the court General Oates made the remarka ble statement that in his opinion the repeal of the law permitting the raising of Board of Honor to adjust controversies between gentlemen was d mistake.
 Morning Session.
 It was after 10 o'clock yesterday morn- ing when the courtmartial was convened The morning session was devoted almost wholly to the reading of previous testi- Inony for verihcation. The testimony of Sergeant Burns of the Gadsden Company, Lieutenant l.. C. Brown, Captain H. B. Kennedy and Major w. J. Pafkes Of Birmingham was read "t length and signed.
 After Captain kennedy had signed his testimony he was briefly examined. He swore that he was not in the battalion commanded by Lieutenant Colonel Kyle during the Spanish war and knew noth-