The Portland daily press., 1899-01-26
EAGAN ON TRIAL.
Court Martial Assemblies and the Testi-
mony Begins,

Washington, January 2G-The board
of army officers designated by the Secre-
tary Of War to sit as court martial In the
case Of Brigadier General Charles p.
Eagan, met in the .parior Of the Ebbitt
house at 10 O'Clock this morning and al
most Immediately proceeded to the busi-
ness In hand.
The members of the court, who appeared
In full dress uniform, were seated about
a long table placed iengthwise Of the
room, Gen. Merritt tho president OF the
court, occupying the seat at the head.
Ten. Eagan appeared with his counsel,
Mr.. Worthington, formerly United States
| district attorney for the District OF Co
| lumbia. /.
Gen. Eagan was asked IL be objected to
any members of the board. and he re-
piled he did not.
The members of the court then arose
and took the usual oath, which was ad-
ministered by Col. Davis. The charges
and specifications were then read,
To the charges he pleaded not guilty
not denying. however. that the specitca-
tions set forth correctly part OF the
language used. The judge advocate
spoke very briefly. saying that the plea
OF the respondent did not relieve the
court from proving the facts.
Continuing, Mr.. Worthington said that
he desired to state briefly to the court
the substance of Gen. Eagan's defence.
Whatever the court may think of the
propriety of thee language used BY Gen.
Eagnn before the war Investigating COM
mission there was no doubt in his worth
ington' mind that he was fully protect
ed In using that language by the laws OF
the land. In addition to this the Presi
dent OF the United States ad instructed
the war investigating commission to an
Dounce publicly that witnesses before
that tribunal would be given immunity
for whatever they might testify to.
The president received the court be-
tween II and IL.
On reassembling at 1l.3) O'Clock Major
5. &. Miles was called to testify on be-
half OF the government.
He said he WAS the recorder OF the war
In yestigating commission and was pres
ent and heard Gen. Eagsn's testimony.
1 he manner of Gen. Lagan In giving his
testimony, he said was that OF a man
laboring under great excitement. but try
ing TO control his excitement. He recalled
some of the words used by Gen. Eagan
in his testimony, which agreed substan
TALLY with the phraseology used In the
Specifications.
Judge Worthington interrupted to say
that Gen. Eagan did otdeny the lang-
uage quoted and had not the original
statement been destroyed after the OBJ
jectional words had been expunged he
would willingly produce 1t here.
Major MoCook, retired,a member Of the
war investigating commission, was the
next witness. HIS testimony was sub
stantially that of Major Miles.
The words, II wish to force the lie back
into his throat. covered with the contents
of camp latrine," Gen. McCook did
not hear. He had his own views as TO
such language as he had first heard, and
he had turned away and did not hear this
sentence. The witness recalled a remark
made by the president in regard to the
Immunity of witnesses. The President had
said in substance that any person who
should come before the commission to
give evidence should receive immunity
from the action of any higher authority.
1t was the understanding of the com.
mission that this immunity extended only
to Legitimate testimony that could be re-
ceived by any tribunal
Gen Miles had appeared before the com.
mission some days before Gen. Eagan WAS
heard. lie had objected to be sworn and
his statement had been received without
his taking the oath. Gen. Miles was the
only witness so far as he recalled, who
had objected TO taking the oath, although
one witness In New York had refused to
swear he would tell the whole truth.
Other witnesses had preferred to affirm.
The commission had no hard and fast
rule in regard to the matter Of the oath.
The Judge advocate then read at some
length from Gen. Miles's testimony be
fore the war investigating commission
which called forth the Objectionable
language in Gen. Eagan's statement. At
the conclusion of the reading of the etate-
ment Judge Worthington read at length
from Gen. Eagan's revised testimony
before the war commission. At O'Clock
the court adjourned until 10 O'Clock to.
morrow morning.