The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-26
plea relieved the court from the necessity
of proving the facts alleged


Judge worthington responded briefly and
explained why the qualifying words ned
been used upon mis- recommendation. The
specification did the accused great r.
justice in that il selected particular ex-
pressions. without giving the context. and
in one or more instances the specifications
quoted begin in the middle OF q sentence.
Continuing, Mr. Worthington SAID that
he desired to state briefly TO the court tne
substance of General Eagan's defense
Whatever. said he. the court may think
of the propriety of the language used BY
General Eagan before the war investicat-
ing commission, there was no doubt il his
Cworthington' mind that he was <u'ly
protected in using that language by the
laws of the land. In no court, civil or
military, he said, could the accused De held
accountable for his language, even II it
could be shown that the SPEAKER was &C
tuated by malice. IN adJ<ion ID this. the
president Of the United States had in
structed the war investigating commission
to announce publicly that witnesses before
that tribunal would be given immunity fer
whatever they might testify TO. This was
a solemn promise. given oy the president
Of the United States. and counsel had TO
doubt that the court would fms that Gen
eral Eagan could not. under these circum-
| stances, be held to answer to a military
court-martial for his language.
MILES GOADED HIM TO IT.
General Miles he said. had appeared be-
| fore the commission about three weeks be-
fore General Eagan had made his s ate
ment and on that occasion had made most
srious and sweeping charges against many
OF his subordinates and particularly
| against him, the commissary department Of
the army. He had charged General Eagan
with being incompetent and neglectful of
his duties and had inferentially charged
him General Eagan) with issuing poisoned
meat to the soldiers of the army and had
averred that many had died in conse-
quence. He had also implied that Genera,
Eagan went to the secretary of war and
asked leave to- bring charges against him.
General Alger had replied that under the
presidents order OF immunity, General
Miles could not be held responsible for his
language before the commission. The
newspapers then took It I'D and gna7ed
General Eagan almost to desperation. He
had come to believe that the press and the
country at large had accepted the aczusa-
lions made by General Miles as true and
the condition Of his mind. in consequence
grew worse and worse until he was IN a
state bordering on distraction. The Ian
guage which General Eagan used 1nd..
these circumstances, was the natural out
burst Of an honest man suffering under On
UNJUST accusation. Closing, he said hat
General Eagan could not be held account
able for his language before any tribunal
in this country, civil or military, and par
ticularly under the presidents order of i'm
munity.
RESPECTS TO THE PRESIDENT.
At 1850 o'clock word came from the
White House that the president would re-
ceive the members of the court between
II and II o'clock Thereupon General Mer-
rift announced that the court would take
a recess for the purpose of paying their
respects to the president Of the United
States
WHAT MAJOR MILLS HEARD.
no re-assembling again al los. time was
given a photogra pher to take a picture of
the court, and then Major S. c. Mills was
called to testify on behalf Of the gov
eminent. He said he was recorder of the
war investigating commission and was
present and heard General Eagan's testi-
mony before the commission. The manner
of General Eagan in giving his testimony.
he said, was that of a man laboring under
great excitement. but trying TO control hiS
excitement Witness had charge of the
typewriter testimony given by General
Eagan and had delivered the same to Gen
eral Dodge at his hotel. Subsequently the
witness had returned the paper to General
Eagan with a letter from the commission
declining to receive it in its present con-
dition.
He recalled some OF the words used by
General Eagan in his testimony, which
agreed substantially with the phraseology
used in the specifications The witness
was shown a copy of the specifications
and identified the language there quoted
as having been used by General Eayan.
Judge Worthington interrupted TO say
that General Eagan did not deny the Ian
gusge quoted, and had not the original
statement been destroyed after the objec-
tionable words had been expunged he
would willingly produce # here.
GENERAL M'COOK'S STORY.
Major General McCook, retired. a mem
Der of the war investigating commission.
was the next witness. He was present
and heard a part Of General Eagan's testi-
mony before the commission.
The impression 1 had ne said, was
that General Eagan must be lsboring IN
der great nervous excitement
He recalled some Of the language used
and it agreed substantially with the testi-
mony as published. He was shown copy
Of the specifications and identified some
Of the language as having been used By
General Eagan.
The words Il want 20 force the lie back
into his throat vocered with the contents
Of a camp latrine'' General NcCook did
not hear He had mis- own views as 20 /.
such language. He had first heard and
he had turned away and did not hear this F..
sentence The witness recalled a remark
made by the president IN regard % The
immunity OF witnesses The president had I
said. in substance. that any person who /.
should come before the commission 20 .
give evidence. should receive immunity .
from the action OF any higher authority. I.
Il was understood by the commission THAI /
this immunity extended 70 legitimate tes- I
tinony that could be received by any tn
bunaL No written EtateeDt or order as +
20 the immunity OF witnesses. as far or no /
knew. had ever been made General Nile /
had appeared before the commission some .
DAVIS before General EaEan was heard .
he nad objected - being sworn ard ne .
statement had been received without Ms I
taking the oath. General Mics was ne 4
onrv witness. - FAR az re recalled. Tho .
had objected 90 taking The oath, although .
-. ,,-s--.rs IN Nex York rad refused 20 .