Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-28

to go into street car and was
ashamed to meet any one and keenly
felt his disgrace. The general felt that
Gen. Miles had destroyed his honor an l
that his life work was destroyed. In
all the time the witness had known
Gen. Eagan he had not known him to
use such language as was used in his
statement
Mrs. Hopkins. the daughter of Gen.
Eagan's counsel explained that he call
ed her against the wish of her father
and husband. and only because her
absence from the trial might be re-
marked upon. She said her father
came home one afternoon AND, stand
ing in the doorway with paper in his
hands. exclaimed: General Miles has
crucified me-
She could never forget that scene,
and said that since that time her father
had been a greatly changed man. He
could think of nothing else nor talk of
anything else than that Gen. Miles had
ruined his life. He was from that time
in an alarming condition and when
witness was compelled to go to New
York. she had returned almost at once
to help care for her father. The wit
ness spoke with much feeling in regard
To her fathers condition and was given
the closest attention of the court.
Mr.. Worthington, at this point read
Gen. Eagans military record from the
army register. and also read an inter
view with Gen. Miles. printed in a New
York newspaper soon after he had
made his statement before the war
commission at the conclusion of which
the defence rested its case.
AT lilo recess was taken.
Mr.. Worthington, after recess in the
Eagan court martial, began the argument
he contended that by the law of this
country. civil. criminal or military. the
defendant could not be called to account
for what he said before the war investi-
number of high authorities to Show that
if the words spoken We're pertinent ana
ma terial to the cause in hand. and were
not objected to by the tribunal hearing
the same and We're not malicious in char
acter, the witness could not be held an
swerable.
with the tribunal before which Gen.
Eagan gave his testimony. If he had been
told by that commission that his language
was exaggerated and inadmissble. he
would have Withdrawn his words at once
but at this late day to call him to an ac-
count was, said Mr.. Worthington. unfair
and unWarranted by law.
Counsel then called attention to the
Presidents public statement that wit
neSseS We're granted immunity ana de-
clared that this guarantee was claimed by
the accused. His client had been accused
Of a heinOus crime and in his statement
20 the investigating commission had de-
Tended his honor and innocence. as he
had a perfect right to do. but using
stronger language perhaps than he
should have used.
The endorsement of several high re-
viewing officers in the United States army
on findings Of court martial. showed that
the offence must be exceptionally heinous
and such as would unfit the accused for
association with right-thinking men.
Counsel then reviewed the statement
made by Gen. Miles ana characterized II
as without parallel in the history Of
the country He commented upon the
statement that Gen. Miles pretended TO
have known abou, the so-called beef
frauds for three months before he had
sprung them upon the country in his les
tinrony before the war investigating COM
mission. Counsel reviewed at length the
testimony which had been given tending
10 show that Gen. Eagan's mind was 50
seriously affected by the accusations
which had been made against him that
his friends feared that he would go out
upon the street and shoot Gen Miles on
sight.
the argument He said that he had no
other idea from the beginning than that
all the facts and the whole !; ruth a. IN L THIS
accused thought himself aggrieved by the
statement of Gen. Miles he had right
to demand a court of inquiry ana ne also
had the undoubted remedy OF resort 70
the civil and criminal law. But he saw lit
10 ignore all these remedies and to take
the matter in his own hands.
He referred to Gen. Miles statement
regarding bad beef, and said that the