Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-01-28
would unfit the accused for association
with right thinking men.
TITE; TATENLnN,r OH MILES

association
with right thinking men.
THE STATEMENT OF MILES.
Counsel then reviewed the statement
made by General Miles and character
ized 1t as without parallel in the
history of the country. He comment
ed upon the statement that General
Miles pretended to have known about
the so-called beef frauds for three
months before he had sprung them up
ON the country in his testimony before
the War Investigating Commission.
During that time, said counsel. General
Allies had not communicated the al
legged facts to the responsible officers
ior taken any steps TO put a stop to
them.
Counsel reviewed at length the tcstl-
mony which had been given tending 10
show that General E:agans mind was
50 seriously affected by the accusa-
tons which had been made against
him that his friends feared that he
would 30 out upon the street and shoot
General Miles on sight. He was no
longer himself, ana no longer could
control his feelings or his actions.
In concluding his address, which last
ed over an hour. Mr.. Worthington
made strong plea for the accused. as
sertinS that through this whole con-
troversy he had conducted himself as
an honest man goadcd to desperat ton
by the cruel and unjust accusations OF
his superior officer.
THE PROSECUTION.
Colonel Davis. the Judge Advocate.
c.osed the argument. lie said that he
had no other idea from the beginning
than that all the facts and the whole
truth in this case be brought out. He
said that if the accused thought him
self aggrieved by the statement of Cen
eral Miles he had positive and sure
vi 10 hsul isrl 10, u 4 20,
court of inquiry ana he also had the
undoubted remedy of resorting to the
civil and criminal law. But he saw
lit to ignore all these remedies and
tn t'tise the matter in his OWL tdutis
lie had prepared. with elaboration, Il
statement. which lie had read before
the War Commission. which WAS gross
~ insulting and an undoubted infrac-
ton of the army regulations rs charged.
NO IMMUNITY.
on the question of immunity the
Judge Advocate stated that in all
courts the language in order to be
privileged. must be pertinent to the is
sue. it cannot be slandcrous or in vlo-
lation of military regulations. This
was the universal rule. The War In
\estiSatinS Commission, which had
been created by the order of the Pres
ident. was an informal tribunal. ne
y
given 10 lis investigation. and Ii was
not such a tribunal as could punish
inr contempt. It, therefore, might or
might not receive any statement
which might be presented. In this case
1t had returned the statements to Cen
eral Engan. declining TO receive n pa
per of the character presented by the
accused. He referred To General Miles
statement regarding bad beef and said
that the commanding officers of the
fourteen regiments had declared the
beef furnished to be unfit for food
Whatever the facts, this testimony
could not be ignored. Although Gen
eral Eagan had been criticised 50. he
said. had many other high officers in
the army the heads Of bureaus, and
admlrals 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 only
about thirty minutes and as he con-
Guided, at 100 o'clock, General Mer-
ritt declared the court closed and or
dered the room To be vacated by all
\ VERDICT REACHED.
The court was in executive session
for little over an hour. and in this
brief space of time reached its con-
ciuson, for it soon became known.
when the doors We're re-opened that
a verdict had been reached. or in mill
tary parlance. the courtmartal had
made its findings.
The fact was confirmed by the an
nouncement from the Judge Advocate
that the court had adjourned without
day. 1t can be recalled only 10 CORRECT
fault in the proceedings. which is n
rare occurrence.
THE REGULAR ORDER.