The age-herald., 1902-01-30
SCHLEY IN HIS APPEAL ASKS FOR
 RULING ON QUESTION OF COMMAND

61st article of war. Specifcatfon-In that Lieut.. Col O. Kyle, Third Infantry Ala bama National Guard, did address to his commanding officer. Col E. L. Hgdon, Third Infantry. Alabama National Guard a communication unbecoming an officer andsa gentleman, in that he asserts that theNsaid Colonel Higdon was not fit to accompany him trips inspecting the companies, and criticises the action of the judge advocate general, the adjutant general, and the com mander-in-chief by doubting their decision in declaring E. l.. Higdon elected colonel of the Third Infantry Alabama National Guard.
 (Signed) "E. L. HIGDON.
 Colonel Third Infantry. A. N. G." COL. KYLE PLEADS
 NOT GUILTY TO CHARGE.
 "Plea-Charge l, Oct. l. 19Ol.-To speci- fication A--'Not guilty. To specification B.-'Not guilty To specification C.-'Not guilty.
 Charge 2.--Io the specincation-tNo guilty
 Charge s.-To the specifcation-'Not guilty
 Charge l, Sept. 9, 1901. ITO specified tion A.-'Not guilty To specification B. Not guilty To specification C.--'Not guilty
 Charge 2-To the specifcation-'Not guilty
 Charge S-To the specifcation-'Not guilty.
 "Finding-The court having maturely considered the evidence adduced. finds the accused. Llet. Col. o. Kyle Third In- fantry, Regiment Alabama National Guard, as follows:
 Charge 1.-Of specification A. first charge-'Not guilty Of specification B, first charge-'Not guilty. Of specification c, first charge-Not guilty Of the first charge-'Not guilty
 Charge 2.-Of specification, second charge-'Guilty.'
 Charge 3.-Of specifications third charge-'Not guilty Of the third charge Not guilty.
 COURT EXPLAINS
 ITS FINDINGS.
 Each of the foregoing findings being upon the respective charges and specin- cations as set out in the charges and specifications preferred, of date October l, 1901, and laid under the provisions of an act of the General Assembly of Ala bama, entitled an act to regulate the volunteer military forces of the State of Alabama, each of the following findings is upon the respective charges and speci- fcations preferred as of date September, 1901. and laid under the articles of war:
 Charge l = Of specification A. first charge. Not guilty Of specification B, first charge, Not guilty Of specification C. first charge Not guilty. Of first charge, Not guilty
 Charge ? = Of specification. second charge, Not guilty Of second charge. Not guilty
 Charge 3-Of specification, third charge, Not guilty Of third charge, Not guilty
 And the court does therefore sentence him, the said Lieut.-Col. o. Kyle. Third Infantry. Alabama National Guard to pay a fine of one dollar. and in default of the payment of said fine, sentence the said Kyle to Imprisonment in the county jail of Morgan county, Alabama for a period of one day.
 FINE OF $1
 IS IMPOSED.
 "It is therefore considered and ad- judged by the court that a fine of one dollar be and is hereby imposed on the Alabama National Guard; and it is fur ther considered and adjudged by the court that in default of the payment of said fine the said Lieut.. Col. O. Kyle. Third Infantry. Alabama National Guard, be and he is hereby sentenced to im- prisonment in the county jail of Morgan county. Alabama, for a period of one day. The judge advocate was then recalled