The Montgomery advertiser., 1902-01-03

The personal feeling so long existing between Colonel F.. L. Higdon. of BiEm- ingham, and Lieutenant Colonel .Osceola Kyle, of Decatur, reached its climax yesterday at F o'clock when these two high officials of the Srd Infantry. Ala bama National Guard, sat face to face before a Board of Courtmartial assem- bled in the hall of the House of Repre- sentatives by order of Governor Jelks to pass judgment upon Lieutenant Colo mel Kyle, who has been charged by his superior officer with conduct unbecom- ing an officer and d gentleman
 It was supreme moment in the his tory of the military organization of Ala bama. Never before in the annals of the State has an officer of such high rank been brought beforeN military court for trial. Perhaps it was the first time within the history of the historic old building on Capitol Hill that a military court has sat within it's walls, which are fragrant with memories of Southern heroes and Southern deeds.
 Officers Appear in Uniform.
 
 tatious environment was fitting. Half a score of officers clad in the fatigue uniform of the Guard had gathered from all sections of the State, drawn hither, either to serve upon the Board, or to give testimony for the State or for the occasion an imposing aspect Spurs tingled and swords clanked as the blue coated soldiers moved about the cor riders. They wore great military boots and each soldier of the Guard carrxd a sword about his waist.
 Private soldiers, grim sentinels, guarded the door leading to the hall and acted as messengers to the court
 The whole picture was of sufficient military pomp to satisfy the most ornate foreigner, and yet-4t was a scene which was intensely American.
 As back ground to the silver and gold military trappings, there was an audience of perhaps one hunderd persons, who had gathered to witness the opening of the court. Officers of high and low degree were there. Personal friends of the two officers most concerned had travelled many miles to witness the be- ginning of this high military court Up in the gallery of the hall were many beautiful women. attracted by the unusual interest which attaches to the soldier and his ken.
 Two Sessions Held.
 Two session of the court were held. It was organized at F o'clock. the several officers were sworn and the Judge Advocate read the charges against Lieutenant Colonel Kyle. Through his counsel the accused officer submitted a eormal plea that the court did not have Jurisdiction. To this the Judge Advocate demurred. This consumed considerable time and after recess for luncheon the court reconVened and the President Colonel Robert B. duNIont of Mobile an nounced that the demurrer of the Judge Advocate was sustained and that the court had jurisdiction in the case
 The defendant then submitted in writ. ing a formal plea of not guilty. He alleged that the act under which the courtmartial was convened is unconstitu- tional in that it denied to him the right of trial by jury which is guaranteed by the constitution. It is believed that this pleading was made as a predicate for an appeal from the courtmartial to the civil courts. Ordinarily an appeal does not lie from a courtmartial.
 Witnesses Under Rule.
 After the military sparring incidental to the organization of the court, the wit nesses, about twenty in number, We're placed under the rule and the taking Of testimony began. Two witnesses for the State were eXamined and at o'clock the court adjourned until this morning at 10 o'clock
 The witnesses examined were Capt