New-York tribune., 1899-01-17
COURT MARTIAL FOR EAGAN.
WAR DEPARTMENT DECIDES TO TRY
THE COAIMIssARY. GENERAL.
ACCORDING TO PRESENT PLANS THE
COURT WILL MEET IN WASHINGTON
NEXT WEEK. WITH GENERAL
MERRITT AG PRESIDENT
MERRITT AS PRESIDENT.

NEXT WEEK. WITH GENERAL
MERRITT AS PRESIDENT
rBY TELEGRAPH TO THE rRrBrxrl
Washington, Jan 1G-No authoritative state
ment regarding the proceedings to be taken TO
purge the Army u the scandal which has re-
suited from Commissary General Eagans state
ment before the War Investigating Commission
was vOuchsafed IN TO the time the War Depart
ment closed this afternoon. Notwithstanding the
practically universal demand FOR prompt action
General Eagan continued up 10 the last moment
20 transact business with the Secretary Of War
and other officials. which indicated that ne had
not been placed under arrest. az would have
been the case had court-martal been ordered
General Miles had left the city for few days
his departure serving TO emphasize the fact that
he desired 10 leave the War Department entirely
untrammelled by his presence in any course II
decided 10 pursue
MEMBERSHIP OF THE COURT
Unless however another radical change comes
over the Department ithorties. to wkom wide
discretion has been granted by the President a
cou-t-martia Of which General Wesley Merritt.
commanding the Department Il the East. Is TO
be president and Lieutenant-Coone! J. W.
Clous is 10 be judge-advocate. will be ordered
Tomorrow 10 assemble az Washington early
next week 70 Try General Eagan on charges
Of an altogether military character. The detail
for this court prepared In the Adjutant-
Generals Office to-day and this evening only
awaited the approval OF the Secretary OF War
for PRONUNCIATION. II included thirteen officers.
the maximum number. all OF the Regular estab-
lishment. the majority Of them being below the
grade OF general account OF the exigencies
OF the service, which placed II Out OF the possi-
bilities to secure membership wholly superior
in rank 10 General Eagan
This court martial vas proposed Immediately
after General Eagan delivered MS TRADE. but
on Saturday the War Department changed IT'S
attitude. and had under contemplation the ad-
ministering Of sharp reprimand only 20 Cen
eral Eagan on account Of the vltuperatou In hts
deliberate statement before the lryestigating
Commission. 10 be followed subsequently by
court OF inquiry into the entire subject of the
beef controversy as the most advisable solution
of the unsavory scandal The unanimous senti-
nlent OF the Army. as well as of Congress and
the press. compelled the abandonment OF TINS
idea and there was left no alternative except
a recourse 10 a court-martial FOR the 2reservA-
ton of dignity ard discipline in the service.
The Secretary of War, nevertheless. according
to the general understanding was extremely
reluctant 10 order the prosecution q the COM
missary-Ceneral alone without having first So
cured a judicial determination 20 whether
the rrovocatlon which turned loose General
Eagan's torrents o. abuse dd not render the
Major General commanding cuipable In some
degree II has now been pointed out that
court martial IL competent - consider the pies
Of provocation should General Eagan present
H. and can reach definite settlement In re-
gard 10 that matter such as would be impos-
ffa a.
purely an iryestiea'ing body os limited powers
PRECISE NATURE or CHARGES UNKNOWN
Dugsnt questioning to-day failed 20 disclose
the precise nature u the charges which are 70
be preferred against General Eagan. The mat
ter had not been referred as Is customary. TO
tho Judge Advocate-General % The Army In the
oninion Of military men the most natural charge
considering the popular effect the offence has
had would be that % conduct unhecoming an
officer and a gentleman" Under tho regula-
tions the only sentence that can be imposed
upon conviction on this charge IS dismissal
Trials for offences % this character usually m
volve either the complete exoneration OF me
accused officer through extenuating circum-
stances or his drumming out of the Army
When the extenuating circumstances are Wen
known 20 the Judge Advocate-Generals depart
ment in advance a charge of conduct prejudl-
cial 70 good order and discipline Is usually
made. and upon conviction of this charge pun
ishments OF various degrees may be inflicted
from simple reprimand 20 suspension or dis
missal II was this charge that was advisedy
made against Captain Levering for assaultins
an enlisted man at Fort sheridan the provoca-
ton and the absence Of premeditation in his
offence being beyond question
THE OFFENCE PREMEDITATED
In the case Of General Eagan the offence vas
admittedly deliberate. committed most pFemedi-
tatedlv 10 force a court martial. and with an
alleged provocation which was far from clear X
any existed The matter of provocation, It's eN-
tent and It's gravity. would however necessarily
have the careful consideration of the court. no
matter which charge is preferred. and under
the circumstances q Is improbable that the
War Department authorities Will throw them
selves open 70 criticisms of partiality by fan-
ing 10 present General Eagan's offence strongly
as conduct unbecoming officer and gentle
man"
The court I'm any event. may refuse 10 pay
much attention 20 a defence of provocaton IN
the present instance on account of the extreme
character z the specifications which must re-
cite the vtuperative language employed ana
which. in the opinion u all Army officers VAS
/ ,rdefensibe under any circumstances.