The Montgomery advertiser., 1902-01-02
OFFICERS ALL PRESENT
Military Regulations Will Be
 Strictly Observed.
List of Witnesses Summoned to Ap- pear-It is Thought Investiga- tion Will End Saturday.
 Much Speculation.


 hear the evidence in the controversy De- tween Colonel E. l.. Higdon of Birmihg- ham and Lieutenant Colonel Osceoia hyle of Decatur will assemble at F o'clock today in the hall of the House of Repre- sentatives at the State capitol With the exception of Colonel Robert $. Du- Mont of Mobile, who will be the presi- dent of the court and Major Edward M. Robinson of Mobile, junior member or the court all of the officers directly in~ terested in the courtmartial arrived Ill Montgomery yesterday. It is expected that Colonel duMont and Major Robinson will reach the city on an early train this morning.
 Colonel Higdon, commander of the Srd, Infantry. who preferred charges Of con duct unbecoming an officer and a gentle man." against Lieutenant Colonel Kyle, reached Montgomery yesterday morning. He was accompanied by Captain Walter E. Gardner who is quartermaster of the srd infantry, who will be an important witness for the prosecution as he was Sergeant Major during the correspon-
 
 tenant Colonel Kyle and 1t is said wrote the letters at the direction of Colonel Higdon.
 Captain Garner and Colonel Higdon are staying at the Arlington Hotel. Lieu tenant Colonel Graph J. Hubbard or Troy, Judge Advocate of the court and Colonel E. H. Graves and Lieutenant Colonel Charles s. Mcdowell of Eufaula reached the city in the afternoon. They k.a ri a EleminRS Hotel and rooms have also been engaged at this hotel for Colonel duMont and Major Robinson. Lieutenant Colonel Kyle is staying at Mabsons Hotel.
 The treins reaching Montgomery this morning from Birmingham will bring other officers of high rank in the National Guard, who have been summoned as wit nesses Among these officers are Colo mel Tom O. Smith, who formerly com manded the 3rd Infantry. and Major w. J. Parkes of Birmingham and Major T. T. Huey of Bessemer, who have been summoned to testify in behalf of Lieu tenant Colonel Kyle. Lieutenant Lucien c. Brown of Birmingham and Major H. H. Mcconnell of Talladega will be wit nesses for the State.
 Captain H. B. Kennedy of Birmingham, acting adjutant of Colonel Higdon's regi- ment may not come to Montgomery. 1t was expected that he would be one of the principal witnesses for the State, but Captain Gardner who reached here yes- terday said that Captain Kennedy was i'll at his home and that if necessary his written testimony would be presented to the court.
 Colonel Higdon himself will be one of the most important witnesses for the State. and it is expected that his tes- tiinony will be the first heard, as the States witnesses will be examined before the witnesses for the defendant Other witnesses summoned for the State are J. P. Lantznester and Edward Willink, citizens of Birmingham. In addition to the officers heretofore named, w. A. Has son of Anniston. formerly an officer in the 3rd infantry, has been summoned to testify for Lieutenant-Colonel Kyle.
 5 The courtmartial in session will pre- sent an imposing scene. It is military law that all officers serving on a board of courtmartial or testifying or partici- pating in any way shall wear the full service uniform and be provided with arms. Each of the officers of the court will wear his sword. and the doors lead ing to the hall of the House of Represen- tatives will be guarded by soldiers with rifles on their shoulders. Privates Ben jamin and Woodruff of the Montgomery True Blues have been detailed for senti- nel duty at the courtmartial for today
 While all of the officers who are in the city speak about the court with reluc- tance. the principals. Colonel Higdon and LIcutenant-Colonel Kyle, absolutely decline to be interviewed. It is under stood that there will not be objection to the personnel of the court. and that there will be no postponement of the court.
 Lieutenant-Colonel Graph J. Hubbard, who. as Judge Advocate, will represent the State said last night when the of- ficers assembled in the hall of the House of Representatives today the order or ganizing the courtmartial would be read | Then the question will be asked if there is objection by the accused-Lieutenant- Colonel Kyle-to the personnel of the court. In the absence of objection, the | officers composing the court will be sworn 1 and the court will proceed with the pleadings and proof
 Lieutenant Colonel Kyle will be repre- scented by Gen. w. c. Oates and Hon. Tennent Lomax of Montgomery. Colonel Higdon will not have counsel present. Representing him, Captain Gardner said last night that Colonel Higdon was mere ly here as d witness for the State, and that the interest of the National Guard will be cared for by Judge Advocate Hubbard.
 Military officers who discussed the courtmartial last night. ventured the pre- diction that it will have completed it's labors by Saturday night. although it was said that the court would do little