The Montgomery advertiser., 1902-01-12

Continued from Page One.)
 And so MT. Lomax declared the conduct of Lieutenant Colonel Kyle in wrltint this letter to Colonel Higdon was no unbecoming an officer and a gentleman in the language of the law.
 Taking up the charges against Lieuten- ant Colonel Kyle in violation of the ar ticles of war. Mir. Lomax contended that there could not be violation Of the articles of war by officers Of the Ala bama National Guard except when they were in the service of the United States. He cited many authorities to sustain his contention
 He declared that under the law he had demonstrated that every charge and spe- cification had fallen to the ground but one, the charge based on the fact that Lieutenant-C Colonel Kyle did not attend camp last summer. The whole trouble, he said, began in a little tent in Jack sonville, Fla, when Lieutenant-C Colonel Kyle, an officer of high repute. had serv- ed on committee which visited the colo nsl of the 1st Alabama volunteers and demanded his resignation. The undis- puted evidence, he said, was that this committee represented forty-five out of fifty officers of the regiment. including it's lietiterfant- colonel.
 HIS Honor QueSClOueu.
 "Then we come back to Alabama" said MT. Lomax, and this major of the regi- ment who had served his country hon. orably and well, was about to be muster ed out. He sees a discharge paper, and an endorsement thereon which questioned his honor This discharge paper was pre- pared at the dictation of~a man whose resignation had been asked by Lieuten- ant-Colonel Kyle. A conver sation en- sued between the Lieutenant-Colonel and the Colonel, winding up in statement by the Lieutenant- Colonel that If you put that insult upon my discharge, you can not iiven The discharge was changed. Then MT Lomax reviewed the rcorgan- ization of the 3rd Alabama regiment the election of Major Smith as its Colo nel his resignation, and the trading through which Higdon was elected Colo nel He touched upon the evidence that offers were made to trade" the place of Kyle when Kyle had not resigned. The Higdon crowd was successful in its trading said MT. Lomax. and the effects to oust Kyle continued. He spoke of the failure of Lieutenant Colonel Kyle to attend the encompment of the 3rd in- fantry and his detention in New York city by illness.
 Then comes the letter." said Mir Lo- HdA, piChIHS up u iSttci ny HE don to Kyle on August II, in which Kyle is told that he has not given the regiment the time and money expected of him, and threatens to take the matter to the Gov. ernor.
 Has any man got the right" asked MT. Lomax, ito say to another man. You are stingy, shirker of official duty? Where is the law that authorizes it?' Wrongs Done by Higdon. Mir. Lomax. continuing, spoke with | great emphasis of the various alleged | wrongs done by Higdon to Kyle, and said the threatening letter, was the cul- 1 imitation of these wrongs. When this letter was received by Lieutenant l Colonel he did not hesitate. Without any | official tags behind his name, he hurled ! the insult back at Colonel Higdon as mar
 to man, and say to you that you are nc l gentleman.
 What does it all mean?' asked MT
 Lomax. Tt means that every means was
 exhausted to get rid of Kyle, and it was | at last decided to goad him by writing | him a letter that would bring out a re. ply on which courtmartial charges could
 be preferred"
 Then Mir. Lomax paid a high tribute tC
 the character of Leutenant-Colonel Kyle | The witnesses, with almost practica
 unanimity, said his military character | was excellent, and the people among
 whom he lived declared that he was {
 manly man. Kyle, he said, had beer