New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-28

and that his life work was destroyed. III "" '''e
time the witness had known General Easan he had
not known him to use such language an was used u
his statement
GENERAL EAGAN's DAUGHTERS STORY.
Mrs. Hopkins. the daughter Of General Eagan
was the next witness. counsel explaining that ne
called her against the wish OF her father and hus-
band, and only because her absence from the trial
might cause comment. She said her father came
home afternoon. and. standing In the doorway
with a paper In his hand. exclaimed General
Miles has crucined me- She could never forget
that scene. Since that time her father had been
n greatly changed man. He could think and talk
of nothing else than that General Miles had ruined
his life. He was from that time In an alarming
condition and when the witness was compelled TO
go to New-york she had returned almost at once
to help care for her father She spoke with great
feeling I'm regard to her fathers changed condition
and received the closest attention from the Court
Mr. Worthington then read General Eagans mill
tary record from the Army Register and also read
an Interview with General Miles printed in New
York newspaper after he had made his state
ment before the War Commission. The defence
then rested It's case and recess was taken.
SUMMING Up FOR THE Defence.
Mr. Worthlngton after recess began the argu-
ment for General Eagan. He began by saying that
he contended that by the law OF this country-cvl'
criminal or military-the defendant could not be
called to account for what he had said before the
War Investigating Commission. He quoted from n
number of high authorities TO show that II the
words spoken were pertinent and material to the
cause In hand and were not objected to by the
tribunal hearing them, and not malicious IN
character. the witness could not be hed answer
able The remedy, said MIR. Worthinston lies with
the tribunal before which General Eagan gave MS
testimony. II he had been told by that Commis-
sion that his language was exaggerated and mad
hat-o will "A
once but at this late day call him to an account
was unfair and unwarranted By law. Mr. WORTH
ngton then called attention to the Presidents puD-
lie statement that witnesses were 10 have immunity,
and declared that this guarantee was Claimed py
the accused officer Under these circumstances, ne
believed that General Eagan was perfectly project
ed against any results such had been forced
upon him by this Court He had been accused of
raus comm,son had defended his honor and
innocence. as he had perfect right 10 40, ou,
using stronger language, perhaps. than ne shouio
Mr. Worthington next quoted from authorities
to show that to convict the accused Of conduct
unbecomng an officer and a gentleman, the offence
must he such that any brother officer who should
his home be on intimate terms with him would
himself be dsgraced thereby and render himself
unfit associate with gentlemen and men OF
honor. The Endorsements OF several high review
Ing Officers IN the unted saes Army Sn S ha
the offence must be exceptionally heinOus, ana
M fh as 2a s mdh Ge ss cd
OF an officer who struck another who was a Grip
called General II,
reviewed This case dsapproved the findings of dis
missal Of the court and said in effect that TINS
unified the perpetrator for the society OF gentle
men. While ne regarded the action Of the officer
az properly subIectns him TO severe penalty yet
the extreme penalty of dismissal should not be I'M
posed. The findings we're dsapproved
Counsel then reviewed the statement made by Gen
eral Miles. and characterized II as without para-
lei in the history Of the country; He commented
have known about the so-salled beet frauds for
in toeti bcfO he VA i
eating s ba 1u n6 tina, m sad
legged facts to the responsible officers, nor taken
any steps 10 put stop to them.
Mr.. Worthington also reviewed at length the tes-
timony which had been given. tending to show
that General Eagans mind was SO seriously affect
ed by the accusations which had been made against,
him that his friends feared that he would go out
IN the street and shoot General Miles on sight;
control his feelings or his actions In closing his
%hea lasted oyer n an h ,5 Mr.
sssertng that through this whole controversy he
to desperation by the cruel and unjust accusation
OF his superior officer.
THE UDGE-ADVOCATE's ARGUMENT.
Colonel Davis. the Judge advocate closed the ar
gument He said that he had no other idea from
the beginning than that all the facts and the whole
truth in this case should bH brought out. He said
that IL tho accused thought himself agGrieved by
the statement Of General Miles no had positive
and sure remedy. lie had right 10 demand a
court Of inquiry and be also had the und9ubted
But he saw 1T 10 Ignore all these remedies and to
take tho matter into his own hands. He had pre-
pared, with deheration. statement which he had
read before the War Commission. which was
grossly insulting and an undouhted infractlon Of
inc Army Regulations. as charged.
on tho question Of immunity the Judge advocate
said that I'm all courts tho language In order to be
privileged. must be pertinent 70 the Issue it could
not be Sanderous or In violation Of military regu-
latlons This the universal rule. The War
InvostigatinG Commission. which had been created
hy the order Of the President. was an informal tri
bunal. necessarily by reason of the great scope
given 10 its investga ton, and II was not such Il
tribunal could punish FOR contempt II there
fore NJ ght might not receive any statement
which might be presented In this case n had re-
turned the statement 10 General Eagan. declining
to receive paper Of the character presented by
him
TIe referred to General Mes's statement regard
Ing bad heef and said that tho commanding off,
GERS Of fourteen regiments had declared the beef
furnished to be undt for food Whatever the facts.
this testimony could not be ignored Although
General Eagan had been criticised. so. he said.
had many other high officers in the Army, the
heads ~ bureaus ana the adnirals OF the Navy.
All had been more or less severely criticised. but
they had continued 10 do their duty and
officers.
Colonel Davis spoke only about thirty minutes,
and when he closed. AT ! 30 o'clock. General Mer-
rift declared the closed aud ordered the room
To be vacated by all except the members OF the
court.
.