The Montgomery advertiser., 1902-01-12

an inspection trip.
 General Oates took up the visit or ( committee representing forty-nve omcers of the 1st Alabama Volunteers to Coionei Higdon and request his resignation. ne said the officers declared and the esi. dence had shown that Colonei hsooh was incompetent. To sustain this mel dent he pointed to the ''demagogy oi Colonel Higdon in offering himself tc stand guard duty at Miami as testified by several witnesses. He also pointed to the controversy between Colonel Higdon and Major Parkes And after these ana other incidents. perhaps. General Oates said the officers decided to request Coio- mel Higdon to resign. He might DC good man, but he might not have the inborn ability to command the regiment. These forty-fiyc officers no doubt saw this and their committee went to him and the evidence showed that they asked him in a respectful way to resign. Colo | mel Higdon he said prepared charges against the officers and was advised by General Lloyd Wheaton of the army not to press the charges. General Oates said there was no explanation of such an advice coming from an army officer of such high rank except that General Wheaton thought the officers were right
 Higdon's Letter to Kyle.
 GeHtTdl odttS SpOhc OA siAS t~ssSA S- Higdon to Kyle dated August r. He said 1t was written by Higdon immediate ly after Major Mcconnell had telephoned him that Kyle was in Decatur. General Oates said the letter was unofficial, dis respectful and offensive. General Oates said Colonel Higdon was waking up the wrong customer and he should have known that. Kyle was not the man to submit to It." Kyle, he said had s.s~4 rntt i,, ,.ox,t.y He had said some sharp things but Gen eral Oates said that the letter was en- tirely within the law relating to duels. By the last paragraph of his letter Kyle did not mean to prepare for duel He simply meant that his business would not call him away from his home for a certain number of days.
 Boards of Honor.
 Right here General Oates said he want ed to express his regret that the laws of Alabama do not provide for the settle ment of controversies between gentlemen by the appointment of Boards of Honor. He drew several illustrations of personal difficulties and used the names of Higdon and Kyle in a most pointed manner. He said it was probably that Colonel Higdon had conscientious scruples about settling controversies in personal way. His con- troversy with Kyle General Oates said. was something after the manner Of his controversy with Major Parkes. and he seemed to prefer to settle 1t in the same way
 General Oates said it would be an insult to the intelligence of the court to protract the argument He closed by paying a tribute to the high integrity and personal honor of Lieutenant-Colonel Kyle.
 General Oates spoke one hour and for ty minutes, and closed at 9:50 o'clock. The cousft then took fifteen minute re- cess.
 When the court reassembled. General Oates, by consent, again briefly addressed the court. He said he wanted to impress on the court that Lieutenant-Colohel Kyle could have failed to render an ex- cuse to Colonel Higdon, because he did not like him, and declared that the court should consider only the law in the case. john Porter case.
 Judge Advocate Speaks.
 At 10:15 o'clock Judge Advocate Hub bard began his argument for the State. He had tried to conduct the case to the best of his ability. He said he did not conceive it to be his duty to plead for a verdict at the hands of the court His duty was to provide the court with clear understanding of the law govern ing the case.
 Then Colonel Hubbard contended that it was entirely within the range of the Constitution for Lieutenant-ColonelK Kyle to be tried by courtmartial. He also corlbatted the contention of MT. Lonax that Lieutenant Colonel Kyle was enr, titled to a right to trial by jury. He cited authority to sustain his contention.
 Upon the question of 'active service" at the time of the alleged offense, Judge