The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-28
PAPERS GO TO PRESIDENT
WHO WILL INSTRUCT THE SEC
,RETARY OF WAR.
NE WILL CARRY VERDICT INTO EFFECT
Proceedings of Third Day. Speeches Of Mr..
Worthington and Judge Advocate Da>
Wis. Claim that Eagan Lost
his Mental Balance.
his Mental Balance.

Washington, Jan. 2I.-Ihe case of
Commissary General Charles Z. Eagan
is now in the hands of the court mar
taking of testimony was closed and ar
guments of counsel submitted. The
trial had lasted three days and con-
sumed less than eight hours of actual sit
ting. A session behind closed doors of
an hour or so sufficed for the court to
reach Il conclusion and embody it in Il
report. What the verdict was is al
together a matter of speculation, and
officially at least will not be made pub
lie by the trial board, military regula-
tions requiring that its findings shall
30 through prescribed channels and be
kept secret until action be had and pro-
mulgated by the proper reviewing au-
thorities.
The testimony at the closing of the
session of the court was directed largely
to establishing the fact that the Gen
eral had lost his mental balance as a
result of the charges made against him
by General Miles. His daughter and
her husband told of the Generals chang
ed condition and intimated that they
had great fears that he might at any
time kill his accuser.
Mr.. Mckee, a lifelong friend, stated
that at that time he believed him act
ually insane. The facts in this connec-
tion were brought out strongly by Mr.
Worthington in his efforts 60 show that
General Eagan at times was wholly
irresponsible.
A dramatic incident Of the trial today
was the testimony OF the Generals
daughter in which she described her
fathers appearance on 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: Il
have been crucified by General Miles,
Mr.. Russell A. Alger, the Secretary
of War, was also n witness today. He
said that he recalled a conversation he
had with General Eagan shortly after
General Miles had given his testimony.
General Eagan came into his office in
an excited state of mind and said it
was his wish to prefer charges against
General Miles for what he had said
Il told him." testified Secretary Al
ger, ''that under the Presidents order
granting immunity to officers who tes
titled before the commission he could not
do so.'
Q-"Mr. Secretary, did you receive
any instructions from the President on
this point?"
Ale said to me immunity had been
granted TO witnesses"
General Alger was then excused.
Mr. Worthington began the argument
for the accused, saying that he contend
ed 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 Investigating Com
mission. He quoted from number of
high authorities to show that if the
words spoken We're pertinent and ma
terial to the cause in hand and were
not objected to by the tribunal hearing
the same, and were not malicious in
character the witness could not be held
answerable.
The remedy, said Mr.. Worthington,
lies with the tribunal before which Gen
eral Eagan gave his testimony If he
had been told by that commission that
his language was exaggerated and i'll
admissible. he would have withdrawn
his words at once, but at this late day
TO call him to account was, said Mr.
Worthington, unfair and unwarranted
by law.
Counsel then called attention to the
Presidents public statement that wit
nesses were given immunity and declar-
ed that this guarantee was claimed bv
the accused. Under these circumstances
he believed General Eagan was perfectly
protected against any results such as
had been forced upon him by this court.
He had been accused Of being party to
crime, and in his statement to the inves-
tigating commission, he had defended
his honor and innocence as he had n
perfect right to do. but using stronger
language perhaps than he should have
used.
Mr.. Worthington next quoted from au-
thorities to show that to convict the ac-
cused Of conduct unbecOming an Off
Ger 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 him
self be disgraced thereby, and render
himself unfit to associate with gentle
men and men of honor. The endorse
ments of several high reviewing officers
in the United States army on the find
inCs of courts martial were quoted as