The age-herald., 1902-01-03

New York, January 2.-Judge Lacombe in the United States Circuit Court handed down an opinion today in the cross suit of Edward L. Norton, as administrator of the estate of George F. Gilman against George Hartford and Theopholus Gilman as administrators, and George Hartford and Theopholus Gilman against Edward l.. Norton as administrator. This Is the suit in which was raised the question of the appointment of receiver or receiv- CTS for the affairs of the Great Atlantic and Pacific Tea Company and the Great American Tea Company, and all of the stores throughout the country operated under those titles, of which the late George F. Gilman was the promoter In his opinion Judge Lacombe said: s-~S>>>-s->->-> >s>~><>-<<st><<$ in turn President Dumont swore in the judge advocate. Pat McGauley of Mont gomery was sworn in as court reporter. The judge advocate then read the speci- fications and charges preferred against Lieutenant Colonel Kyle. Colonel Kyle arose and remained standing throughout the reading, giving the strictest attention. He asked that the reading of the letters be dispensed with, but the request was not granted.
 The specifications and charges were read by the jurge advocate as follows:
 The Charges.
 Headouarters Third Infantry, A. N. G.,
 Birmingham, Ala, Oct. 1, 1901 Charges and Specifications Preferred Against Lieutenant Colonel Kyle. Third Infantry, A. N. G.
 Charge 1-Disobedience to orders in vio- lation of section 15 of an act to regulate the volunteer military forces of the state of Alabama, acts of the General Assem- bly. 1S9S-99. Specification A-In that Lieut.. Col. O. Kyle, Third Infantry, A. N. G., having received lawful order from his superior officer Col. E. l.. Higdon, Third Infantry, A. N. G., said officer being in the dis charge of his duty to assist in the in spection of Comapny E, Decatur. May IS; Company F. Huntsville. May IA; Company B, Florence May 15: Company M, Jas per, May 16 1901. did willfully disobey the same
 Specification B-In that Lieut.. Col. O. Kyle, Third Infantry, A. N. G.. having received Special Orders No A. headquar- ters Third Infantry, A. N. G.. issued by Cal F. L. Higdon in pursuance to Gen eral Orders No. T. A. G. O., requiring the attendance of field officers at camp Of ln- struction, Birmingham. Ala, July l0 to IS, inclusive, did willfully disobey the same.
 Specification C-In that Lieutenant Colonel O. Kyle Third Infantry, A. N. c. having received a lawful order by tele- gram from his superior officer Colonei E. L. Higdon, Third Infantry, A. N. G' to report immediately for duty at camp of Instruction, July 11th, did willfully dls- obey the same.
 Copies of orders under the above speci- fications herewith attached Specihcation under date of May 7th, 1901. Specifica- tioh B under date of July 1st, 1901. Spec ification c under date of July Il, l9Ol.
 Charge 2.-Disrespect to Superior Off, f1cer in violation of Section 16 of An Act to Regulate the Volunteer Military Forces of the State of Alabama, Acts or the General Assembly 1S9S-99.
 Specification-In that Lieutenant Col onel O. Kyle, Third Infantry, A. N. G., in reply to respectful communications from his commanding officer. Col. E. L. Higdon. Third Infantry, A. N. G., did use language insulting and disrespectful Copy of letter herewith attached dated August 20th. 1901
 Charge 3.-Conduct unbecoming an off, cer and gentleman in violation of Sec tion 15 of An Act to Regulate the Volun- teer Military Forces of the State of Ala bama, Acts of General Assembly 1S9S-s9 Specification-In that Lieutenant Colonel O. Kyle, Third Infantry, A. N. G., did address to his commanding officer. Col E. l.. Higdon, a communication unbecomi ing an officer and gentleman: in that he asserts that the said Colonel Higdon was not fit to accompany him on trips in- specting the companies. and criticises the action of the Judge Advocate General, the Adjutant General and the commander in-chief, by doubting their decision in de- claring E.. L. Higdon elected colonel of the Third Infantry. A. N. G. A copy of the letter specified Is herewith attached and made part of these specifications, dater August 20th, 1901.
 E. l.. HIGDON, Colonel Third Infantry. A. N. G., Officer Preferring Charges.
 Headquarters Third Infantry.
 Alabama National Guard.
 Birmingham. Ala. Sept. 9. 1901. Charges and Specifications Preferred