Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-28

truth I'm this case should be brought out.
He said that II the accused thought him.
self aggrleved by the statement Of Gene
raj Miles's. he had positive and sure
remedy. lie had a right to demand a
court Of inquiry. and he had also had the
undoubted remedy OF resorting 10 the
civil and criminal law But he saw ut 10
ignore all these remedies and 10 take the
matter I'm his own hands He had pre-
pared, with delberation, n statement
which he had read before the War Com
mission. which was grossly insulting, and
an undoubted infraction of the army reg
ulations.
on the question OF immunity the Judge
Advocate stated that in all courts the
language. in order TO be proven must be
pertinent to the Issue. 1t cannot be- SLAM
derous or I'm violation Of military regula-
tions. This was the universal rule. The
War Investigating COmmis. ion. which had
been created 10y order Of the President
was an informal tribunal-necessarily so,
by reason of the great scope given TO its
investigation-and 10 was not such
tribunal as could punish for contempt.
II. therefore. might or might not, re-
ceive any statement which might be pre-
sented. I'm this case II had returned state
ments to General Eagan declining 10
receive o paper Of the character presented
by the accused. lie referred TO General
Miles's statement regarding bad beef, ana
said that the commanding officers OF four
teen regiments had declared The beef fur
nished 20 be unfit for use as food. What
ever the facts, this testimony could not
! be ignored.
Although General Eagan had been criti-
ciscd so had many other high officers In
the army. the heads OF bureaus. and ad-
mirals Of the navy. All had been more or
| less severely criticised. but they had con-
| tnued To do their duty as men and oili-
| GERS.
COURT MAKES ITS FINDINGS.
Judge Advocate Davis spoke only about
thirty minutes. and as he concluded, at
! 1 80 o'clock. General Merritt declared the
court closed. and ordered the room 10 be-
vacated by all except the members of
| the court. The court was I'm executive
session for a little over am hour. and in
| this brief space of time reached its con-
| clusion. for it soon became known when
| the doors were reopened that n verdict
! had been reached. or. I'm military pariance'
| the court-martial had made its findings
The fact was confirmed by the an
| nouncement from the Judge-Advocate
| that the court had adjourned without
| day
II can be recalled only 10 collect a fault
| I'm the proceedings which IS a rare occur
| renee.
! In the regular order the findings and
| proceedings must De carefully gone over
/ by Judge Advocate Davis. He thought
this afternoon 10 was possible 20 conclude
lis task tomorrow or Monday. lie Will
place the papers I'm the hands Of Judge
Adyocate-General Iieher whose duty il
will be 90 make a most careful eXamina-
tion OF every part of the record and find
| ings. with a view 20 any irregularity ln
forms. Presumably if he finds all the
forms right. be VIII forward the papers
10 the Secretary of War, with his en-
| dorsement, II ne sees NJ 10 add one. and
the Secretary will act finally. "by di-ec-
tion Of the President" according 10 the
| form o. practice adopted i'm Secretary
| Iamonts time.
PAPERS MAY GO TO MILES.
! II is proper 10 state that IL is possible
| for the papers 10 pass through the hands
Of General Miles at some stage I'm the
! proceedings he acting also in the capa-
! city of "a reviewing authority, but this IS
not uniform practice, and there was q
notable exception IN the Carter court
| martial