Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1899-01-31
EAGAA IS FOUND GUILTY
Court-Martial Returns a Verdict
Favoring His Dismissal from
the Army.
NO RECOMMENDATION OF clEMENcy.
Sentence In Passed Within n short
Time After the End of the Trial
Is Reachel-JudGc Advocate Da-
Wis Goes over the Record of the
COURTS Proceedings.

Is Observation-Disclosures Advocate Da-
Wis Goes Over the Record of the
Courts Proceedings.
Washington, Jan. Standardization
the military service of the United
States without any recommendation for
clemency is the verdict passed by the
court-martial upon Commissary Gen
eral Eagan for his recent virulent at
tack upon Maj. Gen. Miles. The verdict
was reached within 45 minutes after
the trial ended Friday. Gen. Eagan,
according to the verdict, is guilty, on
account of his vile language before the
war investigating commission, of con-
huct unbecoming an officer and a gen.
tleman and conduct p%rejudicial to good
order and military discipline.
Notwithstanding the nature of the
courts conclusions, the president can
exercise clemency If he so desires, and
Gen. Eagan's friends will urge that his
punishment be confined to relieving
him from the duties of commissary gen
eral of subsistence and to a detail to
garrison duty, instead of putting upon
him the disgrace of dismissal from the
military service.
Prompt Action to He Taken.
Formal announcement of the decision
will reach the president to-day, and on
account Of the high rank of the accused
the verdict will be given the distinction
of immediate attention by the president
as commander in chief of the army. Be-
fore he takes final action. though, there
T certain prescribed forms to be fol-
lowed. The record in the case must be
Examined by a reviewing officer in the
office of the judge advocate general and
then must go to Secretary Alger for in
dorsement. The delay in the present
case, however, will be as short as pos
kible.
Prospect of Medical Inquiry.
The president combines both the par
doning power and the reviewing power
In his wv person. He may take into
consideration, and it is generally be-
Neyed he will, Gen. Eagan's mental con
dition at the time he committed the
.offense which the court-martial has
found of SO serious a character as to
Justify his dismissal from the service.
With this in view the president may
have good cause to initiate further pro-
tceedings, which would be in all proba-
lbility to convene a medical board to ex-
anime into-his condition of health. On
their finding of a serious mental con-
,,dttton the president could, and posi-
Oily will, order Gen. Eagan placed upon
the retired list as being physically in
~bapacitated for duty.
Throughout the three days Of the
trial the members of the court sat in
their places and attentively listened to
every word of the testimony. Only on
two OF three occasions did they ask the
Witnesses any questions. and then an
answer OF yes, cir, or no., sir. sufaced.
Where their sympathies were or what
was passing in their minds was not dis
closed by even the slightest change of
expression.
Immediately upon the case being
closed the room wal ordered cleared
and the court went into executive SEES
Aon to deliberate upon their findings.
Reviewing the Record.
Washington, Jan 30. Col. Davis,
the Judge advocate of the Eagan court
martial, was engaged Saturday il GO
ing over the record of the proceedings,
In the effort to compass this work and
deliver the papers to the secretary of
war before the expiration of the day.
Officially nothing is yet known of the
mature OF the verdict of the court, and
1t Is improbable hat even Secretary Al
ger is acquainted with it, notwithstand-
ing the fact hat nll the members of the
oourtrmartial were guests at a dinner
given in their honor at the secretary's
home Friday night.
There is no settled practice respect
ing the course to be taken in these
presidential courts. Army regulations,
number s96, provide: The reports
which the judge advocate general may
render upon cases received by him, and
which require the action of the presi-
dent, will be addressed to the secretary
Of war, and will be forwarded through
the commanding general of the army
Tor such remarks and recommendations
rs he may see fit TO make"
BY one construction of this regula-
ton the record of this Eagan court
martial would be necessarily delivered
by the Judge advocate general to Gen.
Miles, who would transmit it to the sec
rotary of war. However, it may be that
the Judge advocate general may not
render a report upon the case, SO
that the routine prescribed would not
necessarily follow. AT any rate, it is
the intention of Judge Advocate Davis
to deliver the proceedings of the court
when he has concluded with them di-
rectly to the secretary of war, who may,
and probably will, refer the papers to
the judge advocate general for legal re
view. 1t is probable that the latter OBJ
fcer will consume about a week in the
examination of the papers, so that they
will not come before the president be-
fore February s. There is already
awaiting action at the white house,
technically, though actually in the
hands of the attorney general, the rec
ord of the court-martial in the case of
Capt. Carter, of the engineer corps, a
case of the greatest Importance in mil
itary jurisprudence, and as this occu-
pies the first place on the docket of
cases. it is possible that the
president may decide to postpone action
the Eagan "a until he has
passed upon that of Capt. Carter.
Though adjourned without day, the
Sagan court-martial still preserves its
egal existence and will continue to do
o until the findings reached by it have