Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-25
COURT MARTIAL
OF GEN. EAGAN

Washington, Jan. 25.-The board of
army officers to sit as court martial in
the case Of Commissary General Eagan
met this morning at the Ebbitt house and
proceeded to business. The court consist
ed of Major General Wesley Merritt, U. S.
A: Gen. James S. Wade, U. S. "; Maj.
Gen. NJ c. Butler. =. S. "; Major Gen.
S. r. M. Young, U. S. ". Brig. Gen. Roy
al 7. Frank U. s. "; Brig Gen. George A..
Randall U. S. "; Brig. Gen. Jacob Kline
| u S. "; Brig. Gen. Richard CCmba U. S.
"; Col. Peter c. Haines, Col. George L..
Gillespie Col. Charles c. Ruter corps of
engineers; Col. Francis l.. Guenther 4th
Artillery; Lieut.. George Davis, judge ad-
vocate of the court.
After the usual preliminnries the
charges against Eagan We're read by the
judge advocate. At the conclusion of the
reading on being requested to plead to
the specification of the first charge ha
said mot guilty." not denying however
that the specifications set forth correctly
part Of the language used. TO the second
charge he pleaded mot guilty
The judge advocate then arose and Salo
the case in hand was q peculiar one but
presented no unusual difficulties The ac-
cused had seen fit to add to the plea of
mot guilty" some words tending to quail
| ify it, but he did not think the plea reliev-
| ed the court from the necessity Of proving
the facts alleged.
Judge Worthington, Eagan's counsel,
responded briefly and explained why the
qualifying words had been used upon his
| recommenda ton. The specifications did
| the accused great injustice in that it Sc
lected particular expressions without CIV
ing the context and in one or more in
stances the specifications quoted begin in
the middle of a sentence. Continuing
Worthngton said he desired to state
| briefly to the court the substance of
Eagans defense Whatever. said he, the
court may think of the probrety of Ian
guage used by Eagan before the war in
| veStlgatng commission there was no
! doubt in his (Worthington's) mind he was
fully protected in using that language by
the laws of the land. In no court civil or
military he said, could the accused bo
held accountable for his language even if
| it could be shown the speaker was ac-
tuated by malice. In addition to this the
president of the United States had in
structed the war Investigating commits
sion to announce publicly that witnesses
before that tribunal would be given i'm
munity from the consequences of any
statements made.
! Worthington went over the testimony
given before the war investigation com
mission by Miles and said Eagan had at
| tempted to bring charges against Miles
| for his statements but met a refusal
! from Alger. Consul said the newspapers
| then took up the charges of Miles and
goaded Eagan almost to desperation. He
had come to believe the press and coun-
try at large had accepted the accusation
made by Miles as true and the condition
of his mind IN consequence grew worse
and worse until he was in a state border.
! ing on distraction. The language which
! EaSan used under these circumstances
was the natural Outburst of an honest
! man suffering under unjust accusation.
The court took a recess and the mem :
| bers were received by the president at the
| white house. At 11:50 the body reas-
sembled and Major C. Mills testified on
! behalf of the government