Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-01-26
The Plea of Gen. Eagan to
the Charges Made Against
Him in Court Martial.
TWO WITNESSES EXAMINED.
Major-Gen. NcCook, a Member of the
War investigating Commission, Says
the Presidents Order of immunity
Applied Only to Legitimate Tes-
timony-Eagan's Defence.

Washington, Jan. 25.-Thc board Of army
officers designated by the secretary of war
to sit as ii court martial in the case Of
Brig Gen. Charles +. Eagan, commissaiy
general of subsistwence, charged with
conduct unbecoming an officer and gem
tlenan, and with conduct prejudiCial to
good order and military discipline, in con-
nection with his testimony before the war
investigating commission, met in the par
Tor of the Ebbitt House at 10 o'clock this
morning.
1t almost Immediately proceeded to the
business in hand. The court consisted Of
Mat.-Cien. Wesley Merritt, L. S. A.; Maj.
Gen. James +. Wade. T.. S. A; Maj. Gen.
NJ. G. Butler, L. S. "; Maj-Gen. S. NJ.
Il. Young, L. S. "; Brighten. Royal II.
Frank, L. S. v; Brig. Gen. George NJ.
Randall, L.. $. V: Brighten. Jacob Kline,
U. S. v; brighten. Richard combs, L,
S. "; Col. Peter c.. Hams, corps of en-
g%ineers; Col. George l.. Gillespie, corps
Of engineers; Col. Charles r. Suter,
corps engineers; Col. Francis L. Guenther,
4th artillery; Lieut.-Col. George b. Davis,
deputy judge advocate general. judge ad-
vocate of the court. The members of the
court who appeared in full dress uniform
were seated about a long table placed
lengthwise of the room, Gen. Merritt,
president Of the court, occupying "a seat
at the head.
At just 10 o'clock Col. Davis called a.
roll of the court, all the members respond
ing to their names. AS he concluded Gen.
Eagan appeared with his counsel, Mr.. A.
s.. Worthinston, formerly United States
district attorney for the District of Co
lumhia, and took seats near the Judge
advocate near the foot of the table. Gen.
I;agan also wore the dress uniform of his
rank.
Almost Immediately Col. Davis arose
and introduced Gen. Eagan and his coun-
sci and then proceeded to read the order
converting the court. The Judge advo-
cate, when this was concluded, turned to
Cen. Eagan II inquired whether he OBJ
iected to any members of the court as
designated by the order. Gen. Eagan re-
piled II do not" The members of the
court then arose and took the usual oath
which was administered by Col. Davis.
The charges and specifications were then
read. During these preliminary proceed
irgs Cen. Eagan exhibited no signs of
nervousness, but the expression of his
face and his manner clearly indicated
that he realized that this trial involved
consequences to him of the gravest char
actcr. While he stood listening to the
charges and specifications his face SEEM
ed somewhat paler than usual.
At the conclusion of the reading Gen.
Eagan being requested to plead to the
specification to the first charge he said
Not guilty" not denying, however, that
the specifications set forth correctly a
part of the language used.
To the second charge he pleaded not
guilty"
To the specification to the second
charge he pleaded mot guilty. not deny
ing. however. that the specification sets
forth correctly a part of the language
used.
TO the second charge he pleaded not
guilty"
The judge advocate then arose and said
the case in hand was a peculiar one, but
presented no unusual difficulties, the ac-
cused had seen fit to add to his plea of not
guilty, some words tending to qualify it,
but did not think the plea relieved the
court from the necessity of proving the
facts alleged.
Judge Worthington responded briefly
and explained why the qualifying words
had been used upon his recommendation.
The specifications did the accused a great
injustice in that it selected a particular
expression without giving the context and
in one or more instances the specifications
quoted began in the middle of a sentence,
Continuing, Mr.. Worthington said. he
desired to state briefly to the court sub
stance of Gen Eagan's defence. Whatever
the court may think of the propriety Of
the language used by Gen. Eagan before
Niio wal ~ -
was no doubt in his (Worthington's) mind.
he was fully protected in using that LAM
guaee by the laws of the lana. In no
court, civil or military, he said. could the
accused be held accountable for his lam
guage even if it could be shown that the
speaker was actuated by malice. IN adj
dition to this, the President of tho United
States had instructed the war investigate
ing commission to announce publicly that
witnesses before that tribunal would be
given immunity for whatever they might
testify to. This was a solemn promise
given by the President of the United
States and the ounse had no doubt the
court would find Gen. Eagan could not be
held to answer to a military court martial
for his language.
Gen. Miles, he said, had appeared before
the commission about three weeks before
Gen. Pagan had made his statement and
on that occasion made most serious and
sweeping charges against many of his
~subordnates and particularly against
Gen. Eagan and the commissary depart
ment of the army. He had charged Gen,
IIagan with being incompetent and neg
lecttul of his duties, and had theoretically
charged him, Gen. Eagan, with issuing
poisoned meat to the soldiers of the army
and had averred that many had died in
consequence. He had also implied that
Gen. Eagan was acting corruptly in the
matter. Immediately upon reading the
testimony given by Gen. Miles. Gen. Ea-
gan went to tho secretary of war and
asked leave to bring charges against him
Secretary Alger had replied that under
the Presidents order of immunity Gen
Miles could not be held responsible for
his language before tho commission
Newspapers then took it up and goaded
Gen. Pagan almost to desperation. lie
had come to believe that the press ano
the country at large had accepted the ac'
cusations made by Gen. Miles as true and
the condition of his mine in consequence
grew worse and worse until it was in a
state bordering on distraction. The lang
uage which Gen. Eagan used under these
circumstances was the natural outhurs'
of an honest man suffering under an un'
Just accusation. In closing Judge Worth
ington said Gen. Eagan could not be held
accountable for his language before any
tribunal in this country. civil or mill
tary, and particularly under the Presi'