The Providence news. (Providence [R.I.]) 1891-1906, 1899-01-19
With One Exception They Are All Members
Of the Regular Establishment.
GENERAL BUTLER is A VOLUNTEER.
One Officer Says That General Eagan viii Not Be-
Subjected 10. Arrest During tho Progress
Of The Courts Inqulu.

Washington, JAM 19.-The detail for
the court-martial which is to try Com
missary General Charles T.. Eagan on
charges growing out of his statement
before the war investigation commission
last week in which he severely attacked
General Miles. was made public at the
war department last night.
The court is made up OF 13 army Off
GERS. of whom Major General Merritt is
at the head. and judge advocate, and 1t
is to meet in this city on the 25th inst,
or as soon thereafter as practicable, this
qualification being necessary, as a num-
ber OF the members are at distant points
and will require some days to adjust their
affairs and reach this city. All the Off
GERS composing the court, save one. are
from the regular army, number OF
whom, however during the war, accept
ed volunteer rank and still hold those
commissions. Major General Butler is
the only one who is not connected with
the regular army. Adjutant General
Corbin returned early in the evening
from his trip 10 New York, where he
went to witness the departure of the
transport 6rant for Manila, and came to
the war department about $3.50 o'clock.
He then signed the formal order promul-
gatng the detail for the court, which is
as follows:
The following order Is published for
the information and guidance of all con-
cerned:
by direction of the president, a gem
eral court-martial is appointed to meet
in this city at 10 o'clock a. m. on We'd
nesday, the 25th day Of January. 1899. or
as soon thereafter as practicable, for the
trial OF Brigadier General Charles II.
Eagan. commissiary general of sub
sistence. United States army, and such
other persons as may be brought before
it.
Detail for the court: Major General
Wesley Merritt, L. s. A: Major General
James +. Wade. United States volun-
teers: Major General Matthew c. Butler.
United States volunteers; Major General
Samuel b. NJ. Young, United States vol
unteers: Brigadier General Royal II.
Frank. United States volunteers; Briga-
der General Alexander c. New. Pen
nington, United States volunteers;
Brigadier General George NJ. Randell.
United States volunteers: Brigadier
General Jacob Kline, United States vol
unteers; Brigader General Richard
Comba, United States volunteers: Col
onel Peter G. Haynes, corps OF engineers;
Colonel George l.. Gillespie, corps OF en-
gineers; Colonel Charles II. Suter corps
OF engineers; Colonel Francis l.. Guen-
ther, Fourth artillery. Lieutenant Col
onel George Il. Davis, deputy judge ad-
vocate general, judge advocate of the
court.
THE court is empowered TO proceed
with the business before II with any
number OF members not less than the
minimum prescribed by law. Upon the
final adjournment of the court, the MEM
bers will return to their proper stations.
The Journeys required by the men,
bers of the court in complying with this
order are necessary for the public SER
vice."
The officers OF the court are now To-
Gated as follows: General Merritt at
New York Generals Wade and Butler
at Washington. General Young at Au-
gusta, General Frank at Admission, Ala:
General Pennington at Atlanta, General
Randell at Greenville, S. c.. General
Kline at Aliens, Ga; General Comba at
Huntsville. Ala; Colonel Haynes at
Baltimore, Colonel Gillespie at New
York. Coonel Suter at Boston, Colonel
Guenther at the Washington barracks
and Lieutenant Colonel Davis at West
Point
The order for the appointment of the |
court martial will be delivered to Gen
ertl Eagan. IL is expected. by an em- |
ploye or officer OF the adjutant generals |
office. Its receipt and acknowledgment |
by the commissary general will be tam !
tamount TO the relief OF that officer from |
his present duties and will turn over its |
affairs either to some one designated TO |
act by the secretary Of war or to the Of !
ficer next in charge in the department |
Lieutenant Colonel George h. Davis of |
the commissary department IL now on
duty with General Eagan. and IL may |
be that he will be detailed TO take charge |
OF the office.
II the course indicated by an officer OF |
the adjutant generals office is followed |
the probability is that General Eagan |
will not be placed under actual arrest
and deprived OF any of his liberties pend
ing and during the trial. but will be SUBJ
feet only to constructive and technical |
arrest during that time In the case OF
officers OF high rank this is occasionally.
but not often. done. and this course does
not i'm any way invalidate the trial or
findings OF the court. General Eagan will
be expected to remain away from his
office and make himself inconspcuous
until his appearance before the court TO
answer the charges when he will be
placed under constructive arrest, TO re-
main so during its proceedings. This Is
believed 60 be sufficiently carrying out
the intent OF the law for all practical
purposes and may b. allowed IN the case
OF an officer ofthc general rank who has
borne a good reputation.