The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-18
Personnel of the Court Not Yet
Known, hut 1t Is Believed General
Merritt Will Preside.
HLGER TO SELECT MEMBERS
DENIAL OF A RUMoR THAT THE SEC
RETARY OF WAR WILL RESIGN.
Gen. Eagan's Amended Reply to
Accepted and Made Public.


WASHINGTON, Jan. 1.-THE President
to-day announced to the Cabinet, shortly
after it assembled for its regular Tuesday
session, that he had decided to order
court-martial to try Commissary General
Eagan for the abusive aud violent language
he had used respecting Major General Mel
son A Miles while on the witness stand he
fore the war investigating commission last
Thursday. Ever since the sensational event
the President has been carefully deliberat-
ing over the matter, and has had frequent
consultations with army officers and others
regarding the steps that should be taken,
for he was convinced from the outset that
the question for consideration was what
ton should be taken, and not whether any
disciplinary measures at all should be had.
A determination to take some action was
vigorously expressed at the last Cabinet
meeting, but the President reserved final
decision. To-day, just before the Cabinet
session, he held a conference with the secre-
tary of war and Adjutant General Corbin.
1t was not long in duration but the action
to follow General Eagan's utterances was
decided on, and when the Cabinet met the
President announced that he had reached
his decision in the matter. He said he had
to adopt, and that was to order a court
martial to be convened at once to try Gen
eral Eagan
The decision, which was reached only this
morning, Notwithstanding reports that
court-martial had been decided on yester-
day, met the unanimous approval of the
members of the Cabinet. Three Of the Presi-
dents official advisors Secretary Alger,
Secretary Wilson and Postmaster General
Snlith-were absent, but in each instance
their views are known to coincide thorough
ly with the Presidents decision. There was
some discussion following the Presidents
announcement, in which the case was
threshed over to some extent, though the
President himself took little part in this
discussion. The details Of the action were
left to the secretary of war, who had with
drawn just prior to the session. While it
was not definitely stated after the Cabinet
meeting what specifications would be made
against General Eagan it is understood that
the specific charge on which he will be tried
will be conduct unbecoming an officer and a
gentleman. The personnel of the court was
not taken up, that phase of the action being
held not to be Cabinet matter, but one
that rested between the President and secre-
tary of war.
MERRITT MAY PRESIDE.
Gen. Wesley r. Merritt, former comman-
der-in-chief Of the Philippines, has been
mentioned as likely to preside over the
court, and Cabinet official said to-day he
would not be surprised at General Merritt's
resignation. 1t was expected the personnel
of the court-martial would be announced
at the War Department this afternoon, but
up to the close of business nothing had been
given out. Adjutant General Corbin, at the
1ac CT IN,
he had nothing whatever to make public
touching the Eagan case. Secretary Alger
was absent from the War Department all of
the afternoon. and just before the close tele-
phoned that he would not return to his Of
nee during the day. He spent the morning
at the White House, and, leaving there
just before the Cabinet convened went to
his house with Adjutant General Corbin and
remained there. 1t was supposed that he
was perhaps arranging some of the details
of the court, but this was only a guess.
The secretary went to New York at mid
night.
The fact that Secretary Alger was not
present at the Cabinet meeting was seized
at once as sign of trouble in the Cabi-
net, and soon the usual rumor of dissensions
and an intention on the part of the war sec
rotary to resign were afloat. There was no
foundation for these in fact, and Secretary
Ayers colleagues promptly and emphati-
cally denied them as soon as their atten-
ton was drawn to them.
In the absence of the announcement of
the detail for the court-martial there was
a good deal of speculation as to its COM
position. General practice is for a major
ity of the court to consist of the peers, or
superiors in rank of the defendant This
would make the task OF selecting a court &
hard one, because it is not easy to find a
sufficient number of general officers rank
ing with a brigadier general 10 make up a
desirable quota. But latitude is permitted
the appointing authority in such selections
as the ninth article of war reads: mo Off
Ger shall, when it can be avoided be tried
by officers inferior in rank" 1t will be
noticed that the phrase If II can be avoid
ed leaves opportunity for the appointment
Of junior officers. The mention of General
Merritts name as president of the court
due to the fact that he is the only
available major general of the regular
army. the others being General Brooke in
Cuba, and General Miles. neither regarded
as available. The friends of General Mer-
rift are hoping that he will not be selected,
fearing that he will be accused of prejudice
BY one or perhaps both sides.
DISMISSAL THE PENALTY
The penalty FOR the offense with which
General Eagan probably will be tried-con-
duct unbecoming an officer and a gentleman
lis one Of the most severe known in the
army, being dismissal. Article Ct reads as
follows. Amy officer who is convicted of
conduct unbecoming an officer and a gem
tleman shall be dismissed from the service "
il the court shah find General Eagan guilty
even with extenuating circumstances. they