The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-28
COURT REACHED a VERDICT
WITHIN AN HOUR.
Will Not Be Made Public Until It
Has Been Observation-Disclosures and
Relatives Testify Concerning Ea-
CAMS Mental Condition - Judge
Advocate Scores Accused Officer.


and arguments of counsel submitted.
The trial lasted three days, and con-
SImed less than eight hours of actual
sitting. A session behind closed doors
of an hour or so sufficed for The court
to reach a conclusion and embody IL IN
its report. What the verdict Will be is
altogether a matter Of speculation, ahd'
officially, at least, will not be mace
public by the trial board, military reg
ulations prescribing that its findings
shall go through prescribed channels
and be kept secret until action be had
and promulgated by the proper review
ing authorities.
The attendance at the courtmartlaI
was much larger today than at any
other time since the trial began, ana
among the spectators were a score or
more Of ladies. Several OF them were
friends Of General EaganS daughter,
who was called "a a witness, while 9TH
ers were attracted by curiosity. Inc
testimony at the closing session OF the
court was directed largely to establish
ing the fact that the general had lost
his mental balance as q result OF the
charges made against him by General
Miles His daughter and her husband
told of the generals changed condition,
and intimated that they had great fear
that he might at any time Kill his ac-
cuSer.
Il.
that at the time he believed him act
uaIly insane, end facts in this connec
ton were brought out strongly by Mr..
Worthington il his efforts TO show that
General Eagan at times was wholly II
responsible.
A dramatic incident of the trial today
was the testimony Of the general 5
daughter, in which she described her
fathers appearance or the day he first
read General Miles statement Stand
ing in the door of his house with the
newspaper containing the evidence IN
his hand, he had exclaimed, wildly: l
have been crucified by General Miles.
Throughout the three days of the
trial the members Of the court sat IN
their places and attenuvely listened TO
every word of the testimony. Only on
two or three occasions did they ask
the witnesses any questions, and then
an answer of yes or no SutfiCed. What
ever their symDathies were, or what
was passing in their minds, was not
disclosed by even the slightest change
OF expression.
ALGER TESTIFlES.
Mr.. r. a. Alger, secretary of war, tes-
titled today. He said that he recalled
q conversation he had with General
Eagan shortly after General Miles had
given his testimony. General EaSan
came into his office in an excited state
OF mind and said it was his wish 10
prefer charges against General AileS
Tor what he had said.
L told him" testified Secretary Al
ser. that under the presidents order
granting immunity to officers who tes-
titled before the war investigating COM
mission, he could not do So"
General AIger was then excused, the
members of the court rising to their
feet as he withdrew.
= Of 10
and New York, General Eagan's SON
in-law, was called. He came to WASH
ington after General Miles had given
his testimony, and lived at the gen
erals house. He said he then observed
that General Eagan was very restless
and nervous. and could not eat nor
mally nor sleep normally.
Mr.. WorthingtOn read General
Eagan's military record from the army
register and also read an interview
with General Miles printed in a New
York newspaper soon after he had
made his statement before the war
commission, at the conclusion of which
the defense rested its case.
At 11:10 o'clock a recess was taken
until 1870.
CASE ARGUED.
Mr.. Worthington, after recess, began
the argument for the accused, opening
by saying that he cOntended that by
the law of this country civil criminal
or military, the defendant could not
be held TO account for what he said
before the commission. He quoted
from a number of high authorities to
show that If the words spoken were
pertinent, and material to the cause in
hand and were not objected 10 by the
tribunal hearing the same, and We're
not malicious in character the witness
could not be held anSWerable. Counsel
public statement that witnesses We're
given immunity and declared that this
guarantee was claimed by the accused.
Mr.. Worthington next quoted from
authorities to show that to convict the
accused Of conduct unbecOming an Of
ficer and a gentleman the offense must
be such that any brother officer who
should. after his conviction, take him
by the hand or visit his home, or be
on intimate terms with him, would
thereby render himself disgraced and
unit TO associate with gentlemen and
men of honor
one case cited was that of an officer
who struck another who was a cripple,
and called him a liar. General Sher-
man, who reviewed the case, disap-
proved the findings Of dismissal Of the
court, and said that this penalty should
not be imposed except the OfIense IN
fitted the peTpetratOr for the society
OF RGallGlltH, ana AIilE i1e IES
the action Of the officer as properly
subjecting him to q severe penalty, yet
the extreme penalty Of dismissal
should not be imposed.
Counsel then reviewed the statement
made by General Miles and character
lied it as without d parallel in the his
tory Of the country. He commented
upon the statement that General Miles
pretended TO have known about the So
called beef frauds for three months be-
fore he had sprung them upon the
country in his testimony before the war
Investigation commission. During that
time, said counsel, General Miles had
not communicated the alleged facts to
the responsible officers nor taken any
steps to put a stop TO them.
JUDGE ADVOCATES ARGUMENT.
Colonel Davis, the judge advocate.
closed the argument. He said that he
had no other idea from the beginning
than that all the facts and the whole
truth in this case be brought out He
said that If the accused thought him
self aggrieVed by the statement of Cen
eg-al Miles, he had q positive and sure
remedy. He had a right to demand a
court of inquiry, and ne also had the
undoubted remedy Of resort to the civil
and criminal law. But he saw fit to
ignore these remedies and to take the
matter into his own hands. He had
prepared with deliberation a statement
which he had read before the war com
mission, which was grossly insulting
and an undoubted infraction of the
army regulations, as charged.
on the question of immunity, the
judge advocate stated that in all courts
the language, in order to be privileged,
must be pertinent TO the issue; it can