The Montgomery advertiser., 1902-01-03
CHARGES ANSWERED
 BY LIEUT.. COL. KYLE
Board of COurtmartial Holds First SeSsiOn---Interesting Case At-
 tracts Large Crowd.

 | termaster of the 3rd infantry, and J. P. | Lantznester, clerk in the employ of the | business house of Colonel Higdon. Their | testimony dealt mainly with official and personal correspondence between Colonel Higdon and Lieutenant-ColonelK Kyle.
 Every inch of ground was contested by l the lawyers for the accused officer, Gen. | w. C. Oates and Hon. Tennent Lomax of | Montgomery, and numerous objections were made. The legal points were de- | cided by the court without retiring from | the room. Friends of Lieutenant-C Colonel l Kyle claim that the decision of the court 1 that a personal letter to Lieutenant-Col- | onel Higdon was not admissible as evf- | dence is distinctly to the advantage of | the Lieutenant-Colonel
 Kyle Answers Charges. | The answer of Lieutenant-ColonelK Kyle to the charges against him clearly indi- l cates that he hopes to establish the un- constitutionality of the act regulating the National Guard. He will contend that he was not on duty when he wrote the letter to Colonel Higdoh upon which the charges were based, and that in fact at the time of writing the letter he was and is still circuit judge of the State of | Alabama and was engaged in holding court in Morgan County.
 | When the courtmartial adjourned yes | terday evening the officers composing 1 the court called at the Executive Depart ment and paid their respects to Governor Jelks. It is said that the Governor urged upon the officers that the business of the court be transacted with the utmost de- spatch to save the State all unnecessary expense. Colonel duMont President of the Board, it Is said, told the Governor l that under the regulations 1t was neces- | sary to have transcription of the testi- mony each morning. and that with but 1 one stenographer. 1t would be necessary to have short sessions each day to give the stenographer time to do his work.
 Additional stenographer.
 When the condition was made clear to the Governor, he at once instructed that an additional stenographer be employed. and it is probable that, beginning today, morning, afternoon and night sessions of the court will be held. The officers ex- press a hope that the court will complete its labor by Saturday evening. f The feature of today's session of the court will be the testimony of Colonel Higdon, who will be called immedia tely ! after the court convenes at 10 0 clock this morning 1 Officers Composing Court.
 The officers composing the court are | Colonel B. du Mont of Mobile. Col. l.. H. | Graves of Eufaula, Lieutenant-Colonels c. S. Mcdowell of Eufaula and Herbert | B. May of Montgomery and Major Ed | ward M. Robinson of Mobile
 I By reason of his seniority of. rank, Col onel du Mont of Mobile is President of the court. Leute aa lt-Col oiel c. J. Hub bard of Troy, represen the prosecution as Judge A 1vocate. and Gen. w. C. Oates | and Hon., Tennent Lomsx of Montgomery were present 10 represent Lieutenant- Colonel Kyle.
 The officers composing the court sat in | a semi-circle about a long table which had been placed in the southeast corner of the hall. The Judge Advocate sat i'm | mediately in front of the officers of the | court Lieutenant Colonel Kyle, in fa- | tigue uniform, sat with his counsel and Colonel Higdon occupied a seat nearer the court Major H. H. Mcconnell of | Anniston sat with Colonel Higdon. Ad- jutant- General w. w. Brandon was also 8 conspicuous figure and gave the ofA ficers and members of the court the bene-
 fit of his services. All of the officers wore full fatigue uniform, and each of | them. save LieUtenant-Colonel Kyle and Colonel Higdon, wore his sword about his | waist.
 Among the visitors noted were Capt W. E. Wallace, Lieutenant Vert and NJ. N. Pride of Decatur. Capt. R. T. Simp- son of Florence, Thomas Mcclellan of | Athens, F.. H. Foster of Huntsville. Capt. l Walter E. Gardner and Lieutenant Lu- cien C., Brown of Birmingham. | Several Birmingham officers who have been summoned to testify in behalf of Lieutenant Colonel Kyle will reach the | city this morning Thcse will include | Col Tom O. Smith and Major William J. l Parkes.
 Judge Advocate Reads Order. At 12 o'clock Judge Advocate Hubbard read the order converting the court, and | Lieutenant Colonel Kyle was asked if he was satisfied with the personnel of the body. In a quiet, but determined voice. | he replied that he was entirely satisfied. The Judge Advocate then swore each of | ficer composing the court, after which Colonel du Mont swore the Judge Advo- cate. The organization of the court martial was completed by the swearing of Pat McGauly of Montgomery as off, cial stenographer of the court. Lieutenant-Colonel Hubbard, as Judge l Advocate. requested Lieutenant- Colonel | Kyle to stand while he read to him the several specifications In the charges pre- | ferred against him by Colonel Higdon. l At the conclusion of the reading the Judge Advocate began to read the circu- lar letter issued by Colonel Higdon in as suming command of the 2rd infantry in April, 1901.
 Lieutenant Colonel Kyle interrupted the Judge Advocate to say that he waived the reading of the circular letter but the President of the court. Coloned du Mont, suggested that it should be read in full. Continuing his reading. the Judge Advo- cate laid be fore the court the several let l ters and orders sent to Lieutenant Colo nel Kyle. and concluded the presentation | by reading the only letter received by Colonel Higdon from his Lieutenant-Colo- nel The charges against the Decatur of ficer are based upon statements made in this letter.
 Counsel for Defense
 ID to this time. General Oates and Mir Lomax had remained silent. and when | Judge Advocate Hubbard sat down, Lieu 1 tenant Colonel Kyle arose and. address l ing the court, asked permission to be rep resented by counsel.
 'Certainly," said Colonel du Mont, you are allowed counsel"
 | Then. said Lieutenant Colonel Kyle, | "I have the honor to present to the court General Oates and MT. Loma4i. my coun- sell"
 General Oates briefly addressed the court, saying that 1t was his earnest de- sire to conduct the case in the most re- spectful manner. He said he indulged 1 the hope that the case would not consume 1 (Honfinne% paOa Eiuel