The age-herald., 1902-01-03

Third Infantry, Alabama National
 Guard.
 Charge 1.-Dlsobedience of orders in vio- lation of the twenty-first article of war. Specification A.-In that Lieut-Col. O.. Kyle, Third Infantry, Alabama National Guard having received a lawful order from his superior officer. Col. E. L. Hig- don, Third Infantry Alabama National Guard, said officer being in the discharge of his duty, to assist in the inspections of Companies E. Decatur. Ala, May 13; F, Huntsville, May IA B, Florence. May 15: M. Jasper, May 16 1901, did willfully dis obey the same.
 Specification B.-In that Lieut.-Co1. O. Kyle, Third Infantry Alabama National Guard, having received special orders, No. IA, headquarters Third Infantry, Ala bama National Guard. issued by Col F. L. Higdon in pursuance of general orders. No. ', adjutant generals office, requir~ ing the attendance of all field officers at the camp of instruction, Birmingham,Ala., July 10 to 16. inclusive, did willfully dis. obey the same
 Specification C.-In that Lieut.. Col. O. Kyle, Third Infantry, Alabama National Guard, having received a lawful order from his superior officer, Col. E. L. Hig- don, Third Infantry. Alabama National Guard, to report for duty at camp of in
 
 willfully disobey same.
 This at Birmingham, Ala, July Il. 1901 Copies of orders under the above speci- fications herewith attached, specification A Und ar date of May '. 1901; specification B under date of July l, 1901; specification c under date of July Il, 1901.
 Charge 2-Disrespect to commanding officer in violation of the twentieth arti- cle of war.
 Specification - In that Lieut.-Col. O. Kyle, Third Infantry. Alabama National Guard, in reply to respectful communi- cations from his commanding officer, Col. P. L. Higdon. Third Infantry, Ala bama National Guard, did use language insulting and disrespectful. Copy of let ter herewith attached dated August 20. Charge 3.-Conduct unbecoming an offi- cer and gentleman, in violation of the sixty-flrst article of war
 Specification - In that Lieut.-Col. o. Kyle. Third Infantry, Alabama National GuNrd, did address to his commanding officer, Col. D. l.. Higdon. Third Infan- try, Alabama National Guard. a com munication unbecoming an officer and a gentleman, in that he asserts that the said Colonel Higdon was not fit to &C., company him on trips inspecting the companies and criticizes the action of the judge advocate general, the adjutant general and the chief of stan by doubt ing their decision in declaring E. l.. Hig- don elected colonel of the Third Infantry Alabama National Guard. copy of the letter specified is herewith attached, dated August 20, 1901.
 E. L. HIGDoN, Colonel Third Infantry, Alabama National
 Guard, Officer Preferring Charges.
 The exhibits, which include the now famOua HiRdOn- KVia were then read:
 Kyle Addressed the Court.
 When Judge Advocate Hubbard had concluded, Colonel Kyle addressed the court and asked permission to introduce his counsel before pleadings were en- tered
 "All right" responded Colonel Dumont.
 'I will introduce to the court as my counsel Gen. William c. Oates and the Hon. Tennent Lomax," said Colonel Kyle. General Oates said that it was the pur- pose of the counsel to conduct the case in a. respectful manner and with all pos sble dispatch.
 Mir Lomax then read the pleadings, which ask for the abatement of all the charges and specifications except that contained in specifications B. and C., which relate to the disobedience of or ders in not attending the encampment, on the grounds of lack of Jurisdiction.
 Separate pleadings were entered in an- swer to each charge and specification, but all were on the ground of lack of juris- diction, as the militia had not been called into active service by the state or the United States on the dates named in the specifications.
 When this reading was concluded Judge Advocate Hubbard moved to strike the file from the record.
 Argued the Motion.
 He argued his motion briefly, stat Ing that this was an inquiry of fact, and matters referred to in the pleadings were matters for the in- vestigation of the court. He said that an officer in the National Guard was elected to serve for a term of four years, and was required to take an oath to obey his superior officers Curing this term He said that tho accused should properly have come before ef,e court on q plea of not guilty instead of lack of jurisdiction Mir. Lomax replied briafix. If we are cogacct In tfa ;pTGpsat tfb,n stinft ;tltg cn,r:s- rleFiial is without iiifialr,sh.' |, scsw'litn of the charps and a,a'ciihalihiisz. fis1n