The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-26
EAGAN QUALITIES HIS PLEA.
SAYS NOT GUILTY THOUGH HE USED
LANGUAGE QUOTED.


hcntiOn for His Abuse of Miles.
Court Called on President-Eagan
Excited when He Appeared Be-
fore the Commission.
Washington. Jan. 25-The board of army
officers designated by the Secretary of
War TO sit as a court-martial in the case
of Brig Gen. Charles T. Eagan, commits
sary of subsistence. charged with conduct
unbecoming an officer and a gentleman,
and conduct to the prejudice of good order
and military discipline, in connection with
his testimony before the war investgat-
ing committee, met in the red parlor of
the Ebbitt House at / o'clock this morn
ing, and almost Immediately proceeded to
the business in hand.
The members of the court whose names
have heretofore been published. appeared
in full dress uniform.
At just 10 O. clock Col. Davis, the Judge
advocate, called the roll of the court, all
of the members responding to their names.
AS he concluded, Gen. Eagan appeared
with his counsel Mr.. A. S. Worthington,
formerly United States district attorney
lOI Tic OlSAlANt Vi Ooiulnbld NrNtls I4hEdu
also wore the dress uniform of his rank.
Almost Immediately Col. Davis arose and
introduced Gen. Eagan and his counsel,
and then proceeded TO read the order con-
vening the court.
The judge advocate, when this was con-
cluded, turned to Gen. Eagan and inquired
whether he objected TO any of the mem
bers of the court as designated by the
order.
Il do not" Gen. Eagan replied.
Plea of Not Guilty Not Qualified.
The members of the court then arose and
took the usual oath, which was admins
tered by Col. Davis. The charges and
specifications were then read.
AT the conclusion of the reading, on be-
ing requested 10 plead to the specification
as to the first charge, Gen. Eagan said:
mot guilty, not denying, however, that
the specifications set forth correctly
part of the language used"
To the first charge he pleaded mot
guilty" To the specifications 10 the sec
ond charge, he pleaded mot guilty, not
denying, however, that the specification
set forth correctly part Of the language
used"
To the second charge, he pleaded mot
guilty" -
The Judge advocate then arose and said
that the case in hand was a peculiar one,
but presented no unusual difficulties. The
accused had seen fit to add to his plea OF
mot guilty" some words tending to
qualify it, but he did not think the plea
relieved the court from the necessity Of
proving the facts alleged.
Gen. Eagan's Defense.
Judge Worthington responded briefly
and explained that the qualifying words
had been used upon his recommendation
The specifications, he said did the ac-
cused a great injustice in that they Sc
Iected particular expressions without CIV
ing the context, the specifications quoted
sometimes beginning in the middle of a
sentence.
Continuing, Mr.. Worthington said that
he desired to state briefly to the court the
substance Of Gen. Eagan's defense. What
ever, said he, the court may think of the
pIopriety of language used by Gen. Eagan
before the war investigating commission.
there was no doubt in his (Worthington
mind that he was fully protected in using
that language by the laws of the land.
In addition to this, the President of the
United States had instructed the war in
vestigation commission to announce pub
ltcly that witnesses before that tribunal
would be given immunity for whatever
they might testify to. This was a SOL
emn promise given by the President of the
United States, and counsel had no doubt
that the court would find that Gen. Eagan
could not under these circumstances be
held TO answer to a military court-martial
for his language.
GOaded to Desperation.
Gen. Miles, he said, had appeared before
the committee about three weeks before
Gen. Eagan had made his statement ana
on that occasion had made most serious
and sweeping charges against many of his
subordinates. and particularly against him
and the commissary department of the
army.
Immediately upon reading the testimony
given by Gen. Miles, Gen. Eagan went so
the Secretary of war and asked leave TO
bring charges against him. Gen. AIger
had replied that under the Presidents or
der of immunity, Gen. Niles could not be
held responsible for his language before
the commission. The newspapers then
took II up and goaded Gen. Eagan almost
TO desperation. He had come to believe
that the press and the country at large
had accepted the accusation made by Gen.
Miles as true, and the condition of his
mind, in consequence grew worse and
worse until he was in state bordering on
distraction. The language which Cen
Eagan used under these circumstances
was the natural outburst of an honest man
suffering under an unjust accusation.
Called on the President.
At 1850 o'clock word came from the
White House that the President would
receive the members Of the court between
II and u o'clock. Thereupon Gen. Mer-
ritt announced that the court would take
a recess for the purpose OF paying their
respects to the President Of the United
States.
on reassembling at 80 o'clock. a few
minutes was given a photographer TO take
a picture OF the court, and then Mai. s. &.
Mills was called TO testify on behalf of
the government. He said he was the
recorder Of the war investigating commits
sion, and was present and heard Gen.
Eagans testimony before the commission.
The manner OF Gen. Eagan In giving his
testimony, he said. was that OF "a man
laboring under great excitement but try
ing to control his excitement. He recalled
some of the words used by Gen Eagan I'm
his testimony, which agreed substantially
with phraseology used In the specifications