The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-01-31

stlf aggrieved by the statement of Cen
efai Miles he had a positive and sure
remeoy. He had a right TO demand a
court of inquiry and he also had the
undoubted remedy OF resorting to the
civil and criminal law; but he saw fit
10 ignore all these remedies and TO
take n matter In his own hands. He
had prepared with elaboration, a state
ment. which he had read before the
war commission, which was grossly in
sulting and an undoubted infratcion OF
the army regulations as charged.
On the question Of immunity the judge
advocate stated that in all ourts the
language, in order TO be privileged,
must be pertinent to the issues, il an
not be slanderous or in violation OF
military regulations. This was the uni
yersal rule. The war nyestigaring
commission which had been created by
ne order OF the president was an in
formal tribunal. necessarily so by rea-
son OF h great scope given to its in
v~estigation and it was not such a tri-
bunal as could punish for contempt.
Ii, therefore, might or might not re-
ceive n statement which might be
presented. In this case il had returned
the statements TO General Eagan. de-
Ginning 10 receive a paper of the charges
presented by the accused. He referred
20 General Miles Statement regarding
bad beef and said that the command
AL5 OlliCCIS VI lOuTlSeu regiments ndQ
declared the beef furnished to be unfit
for use. Whatever the facts, this tes-
umony could not be ignored. Although
General Eagan had been criticised, so
had many other high officers in tbs
army-the heads OF bureaus and admit
rails OF the navy. All had been more
or less severely criticised, but they had
continued TO do their duty as men and
officers.
Judge Advocate Davis spoke My
about thirty minutes n as he n
cluded at 100 O'clock General Merritt
declared the court closed and ordered
the room to be vacated by all except
the members Of the court. The court
was in executive session for a little
over an hour and in this brief space Of
time reached its conclusion, for it soon
became known when the doors were
reopened that a verdict had been Zach
ed, or in military ~parlance, the court
martial a made its findings.
The act was confirmed by the
announcement from the judge advocate
that the court had adjourned without
day. 1t can be recalled only to correct
a fault in the proceedings, which is a
rare occurrence.
In regular order, findings and pro-
ceedingS must be carefully gone over
by Judge Advocate Davis. He thought
it was possible this afternoon to con-
clude his task tomorrow or Monday.
He will place the papers in the hands
of Judge Advocate General Loeber.
who's duty it will be to make a most
careful examination of every party Of
the record and findings with a view to
the detection Of any Irregularities in
the forms. Presuming that he finds all
of those things regular he will forward
the papers to the secretary of war,
with his endorsement, if ne sees fit,
and the latter will act finally ''by di-
rection of the president" according to
the form of practice adopted in Secre-
tary Lannon'S time. 1t is proper to
state that it is possible for the papers
to pass through the hands Of General
Miles at some stage in the proceedings,
he acting also in the capacity Of a re-
viewing authority, but this is not a uni
form practice, and there was a notable
exception in the Carter court-martial.