The San Francisco call., 1899-01-27

WASHINGTON, Jan. 26-When the
Eagan court-martial reassembled TO-
Slay Judge Advocate Davis stated that
he wished to submit formally the tes-
timonv of General Miles as read yes
terday as an exhibit in this trial, and
with this statement, he said, the prose
cution rested its case.
Mr.. Worthingten, counsel for Gen
eral Eagan, read several exhibits IN
connection with the testimony given at
Yesterdays session of the court. These
inclrded the correspondence between
General Miles and General Eagan,
through the adjutant general, in winch
the latter asked as to whether the IN
tervfew. published in New York news
paper. in which General Miles is alleged
TO have severely criticized the commits
sary generals department, was au-
thoritative Extracts from the alleged
interview were also read and submitted
as part of the record.
Colonel w. L. Alexander, U. S. A, of
the Subsistence Department, was the
first witness called by the defense. He
said he returned TO Washington from
Jamaica on the morning of the day
General Eagan gave his testimony be-
fore the War Investigating Commits
sion. General Eagan, he said, was
hastily going over papers in connection
with his testimony and showed signs
of great excitement. General Eagan
nervously handled the papers and wit
ness had rarely seen a man in such
nervous condition. His manner was SO
exceptional that he asked Colonel Davis
of the Commissary Department, who
was present, whether the general was
not i'll He had been Intimately con
nected with General Eagan, but never
before had he seen him in such con-
dition.
General Merritt asked whether. to his
knowledge. General Eagan had con-
suited any one as to the substance OF
his testimony to be presented to the
commission. Colonel Alexander an
swered that, so far as he knew, General
Eagan had not.
Colonel George B. Davis, assistant tc
Commissary General Eagan, was the
next witness. He testified that he
had been very closely associated with
General Eagan during the last several
months He was in the office the day
General Miles gave his testimony be-
fore the War Investigating Commls-
sion, and as soon as General Eagan
saw the published statement of his tes-
timony he became considerably excited
and wrote to General Miles, asking as
to the truth of the interview published
with General Miles. AS time went on
his excitement increased to such ar
extent that he did not and apparently
could not attend to the duties OF his
office. Later on General Eagan reached
such a state that he could not attend
to any business. The day before Gen
he r1,p M
mission, he read his statement to the
witness, who urged him to modify il
somewhat, but he would not listen, and
walking up and down the room, saio
he would not change a word of it
Newspaper clippings were constantly
being received, criticizing General Ea-
gan, and these greatly increased his ex-
element. Some of these clippings car
ried the idea that General Eagan was
a murderer, and that he had acted cor
ruptly in sending unfit food to the
army. During these days the witness
said that General Eagan was wholly
untitled to perform the ordinary dutie;
of his office. Up to this time the gen
eraI had been hard worker and never
before had exhibited any signs of nerV'
Gus strain.
In answer to questions Colonel Davi!
said that General Eagan's conduct o.
his Office was perfectly honest and ht
had always had the good of the service
at heart, more so than any other com
missary general of whom the witnes:
had ever known or heard. The witness
again referring to General Eagan's ties
timony before the commission, sale
that he had not been consulted in it!
preparation, but, at the generals re
quest, had supplied some of the rec.
ords. The general had asked him a
one time as to his judgment concern
ing the argument he had prepared fol
the commission and the witness haC
replied that it was a complete ansWel
TO the criticisms which had been mad,
against him.\ but he had advised tha
some parts of it be omitted. Genera
Eagan, however, was greatly excited
and wit-,ess thought he would brins
the matter to his attention more ur
gently the next morning, but witneS;
did not then have a good opportunity
General Eagan had told the witness
that he was prevented from proceeding
in military fashion against Genera
Miles by the Presidents order of i'm
nunity to witnesses, but that he hopet
to be able to proceed in the matter il
the civil courts.
Miss Millard, General Eagan's stenog
rapller, was then called. She had takel
nearly all of the generals dictation
since September 15 last and testified
that she took the dlctation OF the gen
erals statement, before the commission
At the time General Eagan gave his tes
timony before the commission he wa
greatly excited, and while he was die
tating his statement he walked the foo
in an excited way. II had never, beel
his habit to wal. the floor while dictat
ing The statement was fully com
pleted until the day it w presente
to the comr.ission. She saw Genera
Eagan only few minutes before he lef
to appear before the commission an
he was then in such a nervous stat
that his hands trembled The witnes
thought that the general had neve
been able to read the statement throug
as a whole fro, the time it was begu
until it was read to the commission.
Mr.. Rogers, clerk in the office of tn
commissary general, was the next wit
ness. He had been in the office sine