The age-herald., 1902-01-03
ConVsnIng of CouTtnartIa| Was Devoid of Expected Sen-
 satiOna| Incidents
CHARGES ARE PREFERRED
 IN NAME OF TIE STATE
Motion to Declare Court Without Jur- isdiction Was Overruled-kyle
 Pleaded Not Guilty to All
 Charges-Big Men There.

Montgomery, January 2.-(SpeciaD- Void of sensational features. dull and withal uninteresting save for its strict military effect the first sessions of the Higdon-Kyle court martial have proven disappointing in the extreme. The venom existing between the two ranking officers of the Third Regiment Infantry, Alabama National Guards found its continuation today in a courtmartial convened to hear charges of disobedience to orders and conduct unbecoming an of ficer and a gentleman, preferred by Col E. L. Higdon against Lieutenant Colonel Oceola Kyle. The latter charge is based upon the keenest and most stinging letter Alabamian to another.
 The two officers sat almost face to face today before board of courtmartial composed of five of their fellow officers, but if one even cast one glance at the other spectators did not observe it. But with this intense feeling between the two men, Colonel Higdon does not appear in the role of prosecutor.
 Charges in Name of State.
 While the charges were preferred by him they are in the name of the State. and no counsel save the judge advocate
 +,, ho State. It has been known for sonic days that Colonel Higdon would not employ counsel to assit in the prosecution. He appears in the court merely as a witness and was placed under the rule and ex- cluded from the court room today along with other witnesses.
 The courtmartial is holding it's sessions in the hall of the house of representatives and 1t was anticipated that this room would be inadequate to accommodate the spectators, yet not more than one hun dred appeared. one fifth of whom were witnesses.
 The building has quite military ap- pearance. The members of the court, at tendants and witnesses all appear in fa- tigue uniform with full paraphernalia, the spurs.
 The court is a distinguished one. It is presided over by Col. Robert B. Dumont of Mobile, commanding the First Regi- ment, and Lieut.-Col. G. J. Hubbard of the same regiment. is the judge advocate. The other members are Col E. H. Graves. commanding the Second Regiment; Lieut. Col. H B. May of the Second; Lieut. Col c. S. McDowell of the Governors staff and Maj. E. M. Robinson of the First Regiment. With the single excep- ton of Lieut.-Col c. S. Mcdowell. Jr.. every member of the court saw service in the Spanish-American war.
 Two Sessions Held.
 Two sessions were held today and two witnesses were examined. The feature of the proceedings was the presenting of the charges and specifications by the State and the filing of answers by the accused.
 
 on the ground that the court was with out jurisdiction, but after lengthy argu- ment by counsel the motion was over ruled.
 Answers to each of the charges and specifications were then filed These an- swers seek to have the statute governing the entire State militia declared as un- constitutional.
 Capt. Walter Gardner, formerly ser geant-major of the Third Regiment. was the first witness examined. His testi- mony was to prove the authenticity of the several orders issued and letters written by Higdon to Kyle The judge advocate asked that Captain Gardner be permitted to sit with him during the trial and assist in the prosecution. and the request was granted. The court will rush its work and hereafter three daily sessions will be held.
 L Session Began Late.
 The court did not begin its session promptly. It was called to convene at noon but the clock which hangs above the speakers chair pointed to 12:15 when Colonel Dumont wrapped for or der, thus signaling the converting of the court. Judge Advocate Hubbard read the order converting the courtmartial. and, concluding he asked Lieutenant Colonel Kyle, the accused, if all the members of the court were satisfactory to him. Col onel Kyle had been standing through the reading of the order, and turning to the court he answered: "Mr. President. am satisfied with the court.'
 There was a slight pause in the pro- ceedings, and some of the members of the court began casting their eyes from the other members to the judge advocate. The judge advocate was searching for d record. and procuring it he administered xhe oath of office to the court as body.