Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-28
General View of the Verdict in the
Eagan Case.
COL. DAVIS COMPLETES HIS REVIEW
All the Papers Submitted to the
Secretary Of War.
THE COURSE OF PROCEDURE

Col. George B. Davis, judge advocate Of
the Eagan court-martial, completed his re-
view of the record of the proceedings of
the court today and submitted all the
papers in the case to the Secretary of War
late this afternoon.
Officially, nothing is yet known to the
findings and sentence of the court. The
Impression is general however, in military
circles as we'll cs among civilian friends
who have watched the proceedings. that
Gen. Eagan vas found guilty of both
charges, and was sentenced to dismissal
from the service. There is some conflict of
opinion to whether the sentence was ac-
companied by recommendation for mercy
or executive clemency, but the prevailing
sentiment among military people is that
the court made no such recommendation.
This belief is based upon the comparatively
brief period that the court devoted 10 the
consideration of its verde t-about forty
five minutes. According to the same rea
soninS, the court is believed to be unani
nous, or nearly so, in its verdict. 1t Is
even stated hat the court reached a YER
diet on the first ballot, and that the main
time of the court was taken in considering
the sentence.
The Course of Procedure.
1t appears, upon inquiry. that there is no
settled practice respecting the course to be
taken in these presidential courts. The
army regulations, No. sg6. provide: The
reports which the Judge advocate general
may render upon cases received by him and
which require the action of the President
will he addressed to the Secretary of War,
and viii be forwarded through the COM
mandIEg general of the army for such re-
marks and recommendations as he may see
lit To make
BY one construction of this regulation the
record OF this Eagan court-martial would
necessarily be delivered by the judge advo-
cate general to Gen Miles, who would
transmit it to the Secretary of War How
ever. it may be that the judge advocate
general may not render report upon the
case, so ;hat the routine prescribed would
not necessarily follow. AT any rate, Judge
Advocate General Davis delivered the pro-
ceedlnSs Of the court directly TO the Sec
retary of War. who may, and probably
Will refer the papers to the judge advocate
general for legal review. 1t is probable
that the latter officer will consume about a
week IN the examination of the papers. so
that they viii not come before the Presi-
dent before about February ..
Another Coart-Martiui Ahead.
There is already awaiting action at the
White House, technically though actually
IN the hands of the Attorney General the
record OF the court-nartial In the case of
Capt- Carter Of the Engineer Corps, a case
OF the greatest importance in military juris-
prudence, and as this occupies the first
pace on the docket Of presidential cases il
Is possible, but not likely, that the Presi-
dent may decide to ostpone action upon
the Eagar case until he has passed upon
that of capt. Carter.
Though adjourned without day. the Ea-
gan coUrt-martial stiu preserves its legal
existence and Will continue to DO so until
the findings reached by it have been finally
acted upon by the executive. This practice
Is made necessary by the occasional dis
coyery of an error at some stage of the
proceedings, which requires such correc-
ton as can only be administered by the
full court.
Powers of the President.
The powers of the President in court
martial cases like that of Gen Eagan are
practically unlimited. Assuming that Gen
Eagan was convicted and sentenced to dis
InissaI, the President can approve the find
tnsS and sentence, and either pardon the
accused or mitigate the sentence to sus-
pension for any period or he can reduce it
to simpls reprimand. Under the reguIa-
tons an officer convicted of conduct un-
becoming an officer and a gentleman must
be sentenced 10 dismissal, and the Presi-
dent alone has power 10 mitigate or set
aside such ssHtence.
In case the court-martial shall have ac-
quilted General Eagan, and the President,
as the reviewing power, believes that the
sentence was contrary to the evidence, it
Is within his province to send the case
back to the court for reconsideration
No such contingency is probable however
IN the Eagan case in view Of the general
belief IN his conviction. Under ordinary
conditions the case will not reach the Presi-
dent for action for at least a week or ten
days and his action thereon Is entirely
prOblematical.