The San Francisco call., 1899-01-28


WASHINGTON, Jan. 27.-The first
witness before the Eagan court-martial
to-day was David R. Mckee of this
city, for years the agent of the Asso-
ciated Press. During the period be-
tween the time General Miles gave his
testimony before the War Investigating
Commission and the day on which Gen
eral Eagan made his statement the
witness saw him two or three times.
He seemed careworn and much preoc-
cupied. 6Ir. Mckee said that the i'm
preston General Eagan then made
upon him was that he had become in
sane.
r. A. Alger, Secretary of War, was
next called to the witness stand. He
said that ne recalled a conversation he
had had with General Eagan shortly
after General Miles had given his testi-
HOny. General Eagan came into his
: office in an excited state of mind and
said it was his wish to prefer charges
against General Miles for what he had
said.
Il told him." testified Secretary Alger,
that, under the Presidents order
granting immunity to officers who tes-
titled before the War Investigating
Commission, he could not do So"
'Mr. Secretary, did you receive any
instructions from the President on this
point?"
He said to me that immunity had
: been granted to witnesses
Colonel Alexander and Colonel Davis
were recalled and said that never dur
ing their acquaintance with the ac-
cused, had they known him to use
vulgar or profane language. He always
had been correct and clean in speech
and never had they known him to use
such language as was used in his state
ments before the War Commission
DR.. w. Z. Hopkins of California and
New York, General Eagan's son-in-law,
was called. He came to Washington
after General Miles had given his tes-
timony and lived at the generals
house. He said he then observed that
General Eagan was very restless and
nervous and could not eat normally or
sleep normally. At the table he would
at times stop eating and apparently
lose himself in thought. He was in
tenSely nervous and showed signs of
congestion of certain parts of the brain.
Witness had had long talks with his
wife about her father, and he had told
her that the general must be carefully
watched and that they must be pre-
= pared for anything. General Eagan's
mind was non-receptive at this time,
:: and the witness believed that some
thing very serious might happen. He
was, the witness added, in a gloomy
frame Of mind in consequence of the
things that had been said about him.
He felt that his honor was destroyed
and he did not want to see people. Cen
. eral Eagan, witness further testified,
did not want to go in a street car and
was ashamed to meet any one, and
keenly felt his disgrace. The general
said that General Miles had destroyed
his honor and that his life work was
ruined. In all the time the witness had
known General Eagan he had not
known him to use such language as
was employed in his statement.
Mrs. Hopkins, the daughter of Cen
eral Eagan, was the next witness, Cen
eral Eagan's counsel explaining that
he called her against the wish of her
father and husband, and only because
= her absence from the trial might be re-
marked upon. She said her father came
home one afternoon, and, standing in
the doorway with paper in his hand,
exclaimed: General Miles has cruel
. fed me-" The witness said she could
never forget that scene. and added that
since that time her father-had been
greatly changed man. He could think
of nothing else nor talk of anything
else than that General Miles had ruined
his life. He was from that time on in
an alarming condition, and when wit
ness was compelled to go to New York
she had returned almost at once to
help care for her father
= In his argument for the defense. At
'torney Worthington called attention to
the Presidents public statement that
. witnesses were given immunity and
declared that this guarantee was
claimed by the accused. Under the cir
cumstances, he insisted General Eagan
was perfectly protected against any re-
suits such as have been forced upon
him by this court. He had been ac-
statement to the commission had de-
Tended his honor and innocence. as he
had a perfect right to do, but using
stronger language perhaps than he
should have used. Worthington next
quoted from authorities to show that
to convict the accused Of conduct un-
becoming an officer and gentleman.
the offense must be such that any
brother officer who should. after his
conviction, take him by the hand or
visit his home, or be on intimate terms
with him. would thereby render him
self disgraced and unit to associate
with gentlemen and men of honor. The
Endorsements of several high reviewing
officers in the United States army. on
the findings Of courts martial. were
quoted as showing that the offense
must be exceptionally heinous and such
as would unfit the accused for associa-
ton with right-thinking men. One case
cited was that of an officer who struck
another who was a cripple, and called
him a liar General Sherman. who re-
viewed the case, disapproved the find
ings of dismissal of the court and said.
IN effect, that this penalty should not