The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-01-27
TIE EAGAN CORIAlRNAL|
An Investigation bf the
Charges Begun.
THE DEFENDANT'SPLEA

Counsel for the General States the His
tory oflhe Case-He Claims That Gem
of Immunity From the Preside Mt
Such Pledges Prevented charges
Being Preferred Agaicst General
Miles The Witnesses Examined
Washington, January 25.-The board
Of army officers designated by the sec
| rotary of war to sit as a court martial
in the case of Brigadier General Chas.
P. Eagan, commissary of subsistence,
| charged with conduct unbecoming an
officer and a gentleman and conduct to
| the prejudice of good order and mill
| tary discipline, in connection with his
| testimony before the war investigating
committee, met in the Red parlor Of the
| Ebbit house at 10 o'clock this morning
and almost Immediately proceeded to
| the business in hand.
The members of the court appeared
in full dress uniform.
At just 10 o'clock Colonel Davis, the
| Judge advocate called the roll Of the
court, all of the members responding
to their M AS he concluded Gen
eral Eagan appeared with his counsel,
Mr.. A. S. Washington, formerly Unit
ed States district attorney for the Dis
trict of Columbia.
General Eagan also wore the dress
uniform of his rank. Almost immed-
lately Colonel Davis arose and intro
duced General Eagan and his counsel,
and then proceeded to read the order
converting the court. The judge-advo-
cate, when this was concluded, turned
to General Eagan and inquired whether
he objected to any of the members of
the court as designated by the order,
and General Eagan replied Il do not
The members of the court then arose
and took the usual oath which was ad-
ministered by Colonel Davis. The
charges and specifications were then
read.
AT the conclusion of the reading, on
being requested to plead to the speci-
fication, as to the first charge, General
Eagan said mot guilty." not denying,
however, that the specifications set
forth correctly a part of the language
used. To the second charge he plead
ed mot guilty"
Judge Worthington responded briefly
and explained that the qualifying words
had been used Upon his recommended
ton. The specifications, he said, did
the accused a great injustice in that
it selected particular expressions with
out instances the specifications quoted
being in the middle of a sentence; that
he desired to state briefly to the court
the substance of General Eagan's de-
tense. Whatever, said he, the court
may think of the propriety of the Ian
guage used by General Eagan before
the war investigating commission there
was no doubt in his (Worthington's)
mind that he was fully protected in
using that language by the laws of the
land.
In addition to this the president of
the United States had instructed the
war investigating commission to an
nounc publicly that witnesses before
| that tribunal would be given immunity
for whatever they might testify to.
This was a solemn promise given by the
| president of the United States and
counsel had no doubt that the court
| would find hat General Eagan could
not under these circumstances be held
to answer to a military court-martial
for his language.
General Miles, he said, had appeared
before the commission about three
weeks before General Eagan had made
his statement, and On that occasion had
made most serious and sweeping
charges against many of his subordi-
mates and particularly against him and
the commissary department of the ar
my. Immediately upon reading the
testimony given by General Miles Gen.
eral 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 i'm
munity General Miles could not be held
responsible for his language before the
committee. The newspapers then took
it up and goaded General Eagan almost
to desperation. He had come to believe
that the press and the country at large
had accepted the accusations made by
General Miles as true, and the condition
OF his mind, In consequence, grew
worse until he was in a state bordering
on distraction. The language which
General Eagan used under these cir
cumstances was the natural outburst
Of an honest man suffering under an
unjust accusation.
On re-assembling at 11:30 o'clock a
few minutes was given a photographer
to take a picture of the court, and then
Major S. G. Mills. was called to testify
on behalf of the government. He. said
he was the recorder of the war investi-
eating commission and was present and
heardGeneral Eagan's testimony before
the commission. The manner of
General Eagan in giving his tes-
timony, he said, was that of a man lab
oring under great excitement but try
ing to control his excitement. He re-
called some Of the words used by Cen
eral Eagan in his testimony which