The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-28
The Court Martial of
Gen. Eagan.
VERDICT REACHED.
What the Findings Are is
is Matter of Speculation.

ing TO the prejudice Of good order and
military discipline, is now in the hands
of the court martial appointed to try
him.
Today the taking of testimony was
closed and arguments of counsel were
submitted. The trial has lasted three
days, and consumed less than eight
hours of actual sitting. A session be-
hind closed doors, of an hour or so.
sufflced for the court to reach a con-
clusion and embody it in a report.
What the verdict was is altogether a
matter of speculation and officially at
least, will not be made public by the
trial board, military regulations requir-
ing that its finding shall go through
prescribed channels and be kept secret
until action be had and promulgated
by the proper reviewing authorities.
The testimony at the c,osing session
Of the court was directed largely to
establishing the fact that the general
had lost his mental balance as a result
OF the charges made against him by
Gen. Miles. His daughter and her
husband told of the generals changed
condition, and intimated that they had
great fears that he might at any time
XIII his accuser. Mr.. Mckee. a life
long friend, stated that at that time
ne believed him actually insane The
Iacts In this connection were brought
out strongly by Mr.. Worthington in
ms efforts to show that Gen. Eagan
at times was wholly Irresponsible
A ORA ma tip incident Q {l,o +,;o1
was the testimony Of the general S
daughter in which She described her
fatheTs appearance on the day he first
read Gen. Miles statement Standing in
the door of her house with the news
paper containing the evidence in mis-
hand, he had exclaimed wildly: ct have
been cruclfied by Gen. Miles"
Nnned1ately upon the case being
Closed the room was ordered cleared and
the court went into executive session
TO deliberate upon it's findings.
me court was in executive session
Tor little over an hour and in this brief
space OF time reached its conclusions.
Tor 1t soon became known when the
doors We're reopened that the court
martial had made its findings. The fact
was confirmed by the announcement
rom the Judge advocate that the court
mad adjourned without day. 1t can be
recalled only to correct a fault in the
proceedings, which is a rare occurrence.
or the nature of the findings nothing is
known positively outside of the mem
oers OF the court who are all under oath
10 Keep the proceedings secret. This
secrecy is maintained for all time nv
rhe court, but there is nothing to pre-
vent reviewing officer from making
the matter public though it is also tbs
custom for him to refrain until the la
chapter has been written and the con-
clusion of the court is ready to be Off
clally promulgated
In the regular order the findings and
proceedings must now be carefully gone
over by Judge Advocate Davis. He
thought this afternoon that it was pos
sLole 10 conclude his task tomorrow or
Monday. He will place the papers in the
hands of Judge Advocate General T ia-
Der whose duty it will be to make a
most careful examination of every part
OF the record and findings with a view
70 tne detection of any irregularities in
the forms. If he finds all of these things
regular he will forward the papers to
the secretary of war with his endorse
ment, II he sees fit to add one, and the
secretary VIII act finally, "by direction
OF the president" according to the form
OF practice adopted in Secretary La
mont time. 1t is possible for the papers
TO pass through the hands of Gen. Miles
at some stage in the proceedings. he
acting also in capacity of a reviewing
authority but this is not a uniform
practice and there was a notable ex-
ceptlon in the Carter court martial.
The firsE witness befors the Eaea n
court-martial today was David r. Nc
hee OF this city, tor many years the
agent OF the Associated Press. He had
known Gen. Eagan for about As years.
during the period between the TINE
zen. Miles gave his testimony before
the war investigating commission ana
the day on which Gen. Eagan made his
statement, the witness saw him TWO OF
three times. He then seemed careworn
and much preoccupled. Mr. Mckee
said that the impression Gen. Tagan
then made upon him was that he ha.
become insane. Witness always had
found him correct in his bearing and
speech, and on these occasions his man
ner was SO different that he was great
ly shocked and alarmed and the con-
clusion witness reached was that Gen.
EaSan had lost his mind. On one of
these occasions he expressed to Gen.
Eagan his profound regret that he had
given utterance to the language used
IN his statement, and reproVed him
mildly for not consulting him about the
matter.
war investigating commission, was re-
called, and in answer to inquiries, said
that so far as he knew, the order of
the president granting immunity to
witnesses before that body had not been
reduced to writing.
AT this point, the judge advocate read
the presidents address on the assem-
ping or the war investigating commits
sion, which, however, was unsigned
The witness was asked whether any
instructions had been given He re-
piled in the negative. The witness
was present at the meeting between the
president and the members of the war
investigating commission. The wit
ness said: THE matter of immunity for
witnesses came up-I think it was
called up by Mr. Dodge-and the presi-
dent said that witnesses who should
appear before the commission could do
so without any fear of punishment or
persecution"
Russell A. Alger, the secretary of
war, was next called to the witness
stand. He said that he recalled a con-
versation he had with Gen. Eagan
shortly after Gen. Miles had given his
testimony. Gen. Eagan came into his
office in an excited state of mind and
said II was his wish to prefer charges
against Gen. Miles for what he had
said.
l told MN, testified Secretary AL
ger, that under the presidents order
granting immunity to officers who tes-
titled before the commission he could
hot do So
Q.-"Mr Secretary, did you receive
any instructions from the president on
this point?"
Ale said to me immunity had
been granted to witnesses"
Gen. Alger was then excused.
I'm 30 Ttals
and New York, Gen. Eagans son-in-