New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-26
CEN EAGAN'S TRIAL BEGINS.
,,r PLEADS NOT GUILTY OF THE OF
" FENCES CHARGED.
nors NOT DENY USING THE ohJEC-
r1oNABLE LANGUAGE-LirTLE poOsi
THAT HE WILL BE CONVICTED.

Xt-r.on Ian 25-The most notable mill
,-,hunal which has assembled WITHIN Vhe
can wears began consideration TO-DAY OF
.e ~ Con1rlissary- General EaFan charseu
w. .o,suct unbecoming an ofNcer ana gen
WIZ" o,5 conduct TO the prejudice OF gooo
- military discipline, 10 which the &C
ia o4scer promptly pleaded not guilty in'-
sovs had elapsed since General Easah oe-
49, .be War Investigating Commission hau
It.. read his foul statement attacking 'he
.s-1...ce,eral commanding the Army ana TINS
-r,,e thirteen Of the highest officers OF the
-, sat in judgment upon his gross oHences
rs, military propriety and social decency.
~ sessions OF the court were held at the Ed
80. House. where on account Of restricted &C
-.~,odations. the public could not be admit
a. hui facilities were provided IN 'he 0ou.
,or eight newspaper reporters IN adoi-
49,, 70 the official stenographers IN oroer Una.
u|N.,,roceedings might be constructively open.
~ Tho participants in the trial except the at
80 FOR the defendant appeared in full uni
' . after the brief formalities involved
.. wearing in the members Of the court ana
s,,c me charge and specifications General
- WAS invited 70 plead He responded II
49, statement that he was not guilty OF
.,.hor charge while not denying the correctness
,.-.o,s ~ the language quoted in the speci-
s.a.,ons which have already been printed IN
full IN The Tribune. 49,.
A.te- 4 brief opening statement from 'ne
4-o-ate 70 the effect that the prosecu-
- No. not relieved OF the burden OF proving
-. charges Mr.. Worthington, the defendant
...o--s, developed the line Of his defence
uh,,b IN general terms is that OF sul"C'e"'
..o,os-ior, including the assertion tha' Gen
10 raran was driven almost out 81 ms Hlnu
-. ,,e iretnusfions alleged to have been mace
.r.tnsr him by General Miles. and the resulting
..-.s,,s~s~ comments Counsel also lhslsteu
,,-,,rly upon General Eagan's immunity
go s,countability for any statement what
49, ,be lanruage made before the war IN
vss-igating Commission
TWO WITNESSES EXAMINED.
.s.s- . brief recess. during which the mem
- 80 .,a court called on the President at the
~. 1Ioree - pav their respects. the judge
.,.. ,~oduced TWO witnesses 20 prove tna'
go rssan had used The language referred
-. -rhess we're Major Mills military secretary
-. .hA Investigating Commission. and Genera
,,.~oop q member Of that Commission Inc
....,-.,s,io~ NJ these witnesses demonstrates
80, q, would he exceedingly difficult TO prove
cars~at ragar's exact language as me pre-
,,-ss statement Which he had left with '"s
Commission. and which was after"aTA Te'u'".'
., him for revision had been destroyed MI
1,-o~,et,r-or.s expression u regret that sue"
sss--uc-i7r had taken place was fine eAMo'-
tion NJ sarcasm. ,.s
Major Mills said he was present and heara
General Fasan's testimony before The Coi!.''''S-
sion The manner u General Easan IN slF lbs
his ,4stiraonv was that u man !ah"flns uhoel
e~aa, excitement. but trying 10 control hiil'se'-
Witness had charge of the typewriter '4s'l-
NV given bv General Eagan and had DEE
,va~es The same 70 General Dodge az his Motel
,e,.rv.,rd the witness had returned the paper
~ General Eagan with letter from the COM
mission declining 70 receive it In It's present
condition He recalled some Of the words used
bv General Eagan in his testimony wheh
agreed substantiallv With the phraseology USED
IN the specifications. A copy o. the specihca-
lions was shown 70 him and he identified the
language there quoted having been USED by
General Eacar
nfr Worthinrton interrupted 10 say that Gen
era Eagan did not deny the language quoted
ana had not the original statement been de
s,royed after the Objectionable words has been
expunge6 he would willingly produce 1t here.
General McCook said h was present and
heard a part u General Eagans testimony be-
fIrt me commission Lr impression 44HN'f
10 said was that General Eagan must he Ia
boring under great nervous excitement He
recalled some ~ the language used. and ii
agreed substantially with the testimony as pub
rshed 4 cory Of the specifications was shown
70 him. and he identified some Of the language
as having beer used by General Eagan.
GENERAL NILEss TESTIMONY READ.
The judge-advocate. who is generally con-
sdered he prosecuting official in courts marital.
declared he had no additional witnesses 20 offer
az the present time and proceeded 10 read 70
me Court the greater portion Of General Miles s
testimony before the War Investigating Com
mission This was distinctly gratifying TO the
defence as they feared they would meet serious
obstacles in getting this testimony before the
Court fully recognizing II as an essential part
% their Plea OF provOcatiOn This plea was
further fortified by M Worthlngtons reading
10 the Court on behalf Of his client General
Eagan's complete revised statement 70 the Com
mission the statement from which the vilihca-
ton and disgusting epithets contained IN the
TWO charges under consideration by the Court
had been carefully eliminated the object being
% endeavor 20 shift the trial from General
Eagans vituperation 10 the truth Of General
Mless assertions Without further argument
The Cou-- then adjourned for the day and went
10 the War Department. where is members.
with the execution q General Wade, made
formal calls upon the major general command.
lng the Acknowledgement and the Secretary OF
War
Verde OF GUILTY EXPECTED.
Opinion in The Army continues 70 he divided
N the outcome ~ General Eagans trial al
though Their IS comparative unanimity in the
star as vel the line that the service should
oe purged oy The defendants dismissal The
proceedings to-day were taken as an indication
mat L Genera. Eakan is to be punished II Will
Hol % because ~ such vigorous prosecution as
~ once would seem 70 warrant. II was felt
ia QUICK confirmation had been given by the
s-oceealngs % tho fear that little or no resist
go would be offered 20 the adroit injection oi
, e.y possible techucality that would contribute
".seste The offence far the recorcs OF
a. SSourt We're concerned II is not thought for
cour. ANT however that the verdict or the
Ss-r Itself viii be other then an emphatic
di.m,..on both charges and the sentence OF