The San Francisco call., 1899-01-26

WASHINGTON, Jan. 25.-The board
of army officers designated by the Sec
retary of War to sit as court-martial
in the case of Brigadier General Charles
p. Eagan, commissary general of sub
sistence, charged with conduct unbe-
coming an officer and a gentleman and
conduct to the prejudice of good order
and military discipline in connection
with his testimony before the War In
vestigating Commission, met in the red
parlor Of the Ebbitt House at 10 o'clock
this morning and almost Immediately
proceeded to the business in hand.
The court consisted of Major General
Wesley Merritt, U. S. A; General James
S. Wade, U. S. v; Major General NJ.
c. Butler, U. S. V; Major General S.
b. NJ. Young, U. S. v; Brigadier Gen
eral Royal 7. Frank, U. S. v; Briga-
dier General George A. Randall, U. S.
V; Brigadier General Jacob Klein, U.
S. v; Brigadier General Richard
Comba, U. S. v; Colonel Peter c.
Haines, Corps of Engineers; Colonel
George L. Gillespie, Corps of Engineers;
Colonel Charles C. Ruter, Corps of
Engineers; Colonel Francis L. Guenth-
er, Fourth Artillery; Lieutenant George
Davis, deputy judge advocate general,
judge advocate of the court.
The members of the court, who ap-
peared in full dress uniform, were
seated about long table placed length
wise Of the room, General Merritt, the
president of the court, occupying the
seat at the head. At just 10 o'clock
Colonel Davis called the roll of the
court, all the members responding to
their names. AS he concluded General
Eagan appeared with his counsel, A.
S. Wortnington, formerly United States
District Attorney for the District of
Columbia, and took seats near the
judge advocate at the foot of the table
General Eagan also wore the dress uni
form of his rank. Almost Immediately
Colonel Davis arose and proceeded ia
read the order convening the court
The judge advocate, when this was
concluded, turned to General Eagan
and inquired whether he objected to
any of the members of the court as
designated by the order. General Ea-
gan replied:
Il do not
The members of the court then arose
and took the usual oath The charges
and specifications were then read
During these preliminary proceedings
General Eagan exhibited no signs OF
nervousness, but the expression OF his
face and his manner clearly indicated
that he realized that the trial involved
consequences to him of the gravest
character. While he stood listening to
the charges and specifications his face
seemed somewhat paler than usual, and
at the conclusion of the reading, on be-
ing requested TO plead to the specifica-
tions to the first charge he said, Not
guilty" not denying, however, that the
ar ~
of the language used.
To the second charge he pleaded
Not guilty"
The judge advocate then arose and
said that the case in hand was pecu-
liar one. but presented no unusual diff
ficulties.
The accused wished to add to his plea
of not guilty some words tending to
qualify it, but he did not think the
plea relieved the court from the neces-
Sity of proving the facts alleged.
Attorney Worthington responded
briefly, and explained why the qualify
ing words had been used upon his rec
ommendation. The specifications die
the accused great injustice. in that
they selected particular expressions
without giving the context. and in one
or more instances the specifications
quoted begin in the middle of a SEN
tence. Continuing, Mr.. Worthington
said that he desired to state briefly tc
the court the substance of General
Eagans defense. Whatever. he said
the court might think of the propriety
Of the language used by. General Eagar
before the War Investigating Commits
sion, there was no doubt in his (Worth-
ington's) mind that Eagan was fully
the laws of the land. In no court. civil