The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-01-31
THE EAGAN CODRI-MARIii
Concluded With YeSter-
days Session.
VERDICT OF The COURT

Mental Condition of General-The
Argument Of CounseI-Mr. Worthing.
ton Touches Upon General Miles
Conduet-What Convection Would
Mean for eneral Eagan.
Washington, January 27.-The "a
of Commissary General Eagan is now
in the hands Of the court-martial ap-
pointed to try him.
Today the taking Of testimony was
closed and arguments of counsel sub
mitted. The trial had lasted three
days and consumed less than eight
hours actual sitting. A session behind
closed doors Of an hour or so sufficed
for the to reach a conclusion and
embody it in a report. What the YER
dict was is altogether a matter of spec
ulation, and officially. at least, will not
be made public by the trial board, mil
itary regulations requiring that its
findings shall go through prescribed
channels and be kept secret until action
be had and promulgated by the proper
reviewing authorities.
The testimony at the closing session
of the court was directed largely to es-
tablishing the fact that the general had
lost his mental balance as a result of
the charges made against him by Gen.
eral Miles. His daughter and her hus-
band told Of the generals changed con-
dition and intimated that they a
great fears that he might at any time
kill his accuSer.
Mr.. Mckee, d lifelong friend, stated
hat at that time he believed him ac-
tually insane. The facts in this con-
nection were brought out strongly by
Mr.. Worthington in his efforts to show
hat General Eagan at times was who'll
ly irresponsible.
A dramatic incident of the trial to-
day was the testimony of the generals
daughter, in which she described her
fathers ppearance On the day he first
read General Miles statement. Stand
ing in the door of his house with the
newspaper containing the evidence in
his hand he had exclaimed wildly: i
have been crucified by General Miles,"
Mr.. Russell A. Alger, the secretary
of war, was also a witness today. He
said that he recalled a conversation he
a with General Eagan shortly after
General Miles had given his testimony.
General Eagan came into his office in
an excited state of mind n said it
was his wish to prefer charges against
General Miles for hat he had said.
Il told him." testified Secretary AL
ger, that under the presidents order
granting immunity to officers who testi-
fed before the commission he could not
do So"
"Mr. Secretary, did you receive any
instructions from the president on this
point"
He said to me immunity had been
granted to witnesses"
General Alger was then excused, the
members of the court rising to their
feet as he withdrew.
Mr.. Worthington began the argument
Cor the accused, opening by saying that
he contended that by the law of this
country, civil, criminal, or military, the
defendant ould not be called to ac-
count for what he said before the war
Investigating committee. He quoted
from a number of high authorities to
show that if the words spoken were
pertinent and material to the cause in
hand and were not objected to by the
trigunal hearing the same, and were
not malicious in character the witness
could not be held answerable. The
remedy, said Mr.. Worthington, lies with
tribunal hearing the same, and were
gan gave his testimony. If he had
been told by that commission that his
language was exaggerated and mad
missable, he would have withdrawn his
words at once, but at this late day to
call him to account was unfair and I'M
warranted by law.
Counsel then called attention to the
presidents public statement that wit
neSSeS were given immunity and declar-
ed that this guarantee was claimed by
the accused. Under these circum-
stances he believed General Eagan was
perfectly protected against any results
such as had been forced upon him by
this court. He had been accused of a
hainn11S crime and in hiS Ctotonoonf tn
the Investigating commission, he had
defended his honor and innocence, as h
had a perfect right to do, but using
stronger language than he should have
used.
Mr.. Worthington next quoted from
authorities to show that to convict the
accused of conduct unbecoming an off
Ger and a gentleman the offense must
be such that any brother officer who
should after his conviction, take him
by the hand or visit his home, or be or
intimate terms with him would him
self be disgraced thereby and rende,
himself unfit to associate with gentle
men and men of honor. The endorse
mentS of several high reviewing off.
GERS in the United States army on the
findings of court-martial were quotes
as showing that the offense must be eX.
| c~eptionally heinous and such as would
unfit the accused for association with
right thinking men.
Counsel then reviewed the statemen
made by General Miles and character
lied it as without a parallel in the his
tory of the country. He commented
upon the statement hat General Mile,
pretended to have known about the so
called beef frauds for three months be
fore he had sprung them upon the coun
try in his testimony before the war in
vestigating commission During tina
time, said counsel, General Miles ha'
not communicated the alleged facts t
the responsible officers nor taken an,
steps to put a stop to them.
Counsel reviewed at length the testi
mony which had been given tending t
show hat General Eagan' mind was S
seriously affected by the accusation
which a been made against him tina
his friend feared hat he would so on
upon the street and shoot Genera Mile
and no longer could control himsel
n no longer could control his feel
ings or his actions.
In concluding his address, whic
lasted over an hour, Mr.. Worthingto
made a strong plea for the accused, as
sorting hat through this whole contro
yarSv he hod conducted hinacolf 90 a