The Providence news. (Providence [R.I.]) 1891-1906, 1899-01-25
Eagan Fully Protected IN Using Such Lam
guage by Laws Of The Land.
HE CANNOT Be HELD ACCOUNTABLE
In Any Court Civil or Military Charges Made by
Miles and Taken Up BY frsss Goaded Com
m'ssay General 10 Border Of Distraction.

Washington, Jan. 25.-The board of
army officers designated by the secre-
tary of war TO sit as a court martial
in the case of Brig. Gen. Charles p.
Eagan. commissary general OF subsist-
ence, charged with conduct unbecoming
an officer and a gentleman, and with
conduct TO the prejudice OF good order
and military discipline. in connection
with his testimony before the war i'm
vestigating committee. met in the par
lor OF the Ebbitt house at 10 o'clock
this morning, and almost Immediately
proceeded 10 the business i'm hand. The
court consisted Of Maj. Gen. Wesley
Merritt, u. S. A.; Maj. Gen. James +,
Wade. u. s. "; Maj. Gen. M. G. Butler.
L. S. "; Maj. Gen. S. b. NJ. Young,
u. S. V; Brig. Gen. Royal L. Frank,
L. S. "; Brig. Gen. George NJ Randall
u. S. V; Brig. Gen. Jacob Kline, L.
S. V: Brig. Gen. Richard Comba, L.
5. "; Col. Peter c. Hams. Corps OF
Engineers; Col. George H. Gillespie,
Corps OF Engineers: Col Charles II.
Suter, Corps OF Engineers: Col. Francis
L. Guenther, Fourth Artillery; Lieut..
Col George B. Davis deputy Judge
advocate general, judge advocate OF the
court.
The members of the court. who ap-
peared in full dress uniform, were
seated about a long table placed length
wise of the room. Gen. Merritt. the
president of the court, occupying the
seat at the head.
At Just 10 O'clock Col Davis called
the roll Of the court, all of the members
responding To their names. AS he con-
cluded Gen. Eagan appeared with MS
counsel, Mr.. A. :. Worthington. for
merly United States district attorney
for the District of Columbia and took
seats near the judge advocate at the
foot of the table. Gen. Eagan also wore
the dress uniform of his rank.
Almost Immediately Col. Davis arose
and introduced Gen. Eagan and his
counsel and then proceeded TO read the
order concerning the court.
The Judge advocate when this was
concluded turned To- Gen. Eagan and
inquired whether he objected to any of
the members OF the court az designat-
ed by the order. Gen. Eagan replied Il
do not" The members of the court then
arose and took the usual oath which
was administered by Col. Davis. The
charges and specifica- ons were then
read.
During these preliminary proceedings
| Gen. Eagan exhibited no signs of ner-
| vousness. but the expression OF his face
| and his manner clearly indicated that
! he realized that the trial involved con-
sequences 10 him OF the gravest char
I acter. While he stood listening To the
| charges and Specifications his face
/ seemed somewhat paler than usual
At the conclusion of the reading on
being requested To plead to the speci-
| ficatiolr 10 the firsr charge he said:
Not guilty; not denying, however, that
| the specifications set forth correctly a
! part OF the language used.
To the first charge he pleaded not
guilty"
TO the specification to the second
| charge, he pleaded mot guilty; not de-
| nving. however. that the specification
sets forth correctly part OF the Ian
| guage used
To the second charge he pleaded mot
| guilty
| The Judge advocate then arose and
said that the case in hand was a pecu-
liai one. but presented no unusual diff
! ficulties. The accused had seen fit 1,
add to his plea OF not guilty SOM
! words tending to Uuaiify It, but ne dir
| not think the plea relieved the cour
from the necessity of proving the fact'
alleged
Judge Worthington responded briefly
and explained why the qualifying words
had been used upon his recommended
ton The specifications did the accused
a great injustice in that IL selected
particular expressions without givini
the context and I'm one or more in
stances the Specifications quoted be
ginning i'm the middle Of "a sentence.
| Continuing, Mr. Worthington sai'
that he desired 20 state briefly TO tn
court the substance Of Gen. Eagan'
defence Whatever the court may thinl
OF the propriety OF the language use'
by Gen. Eagan before the war inves
tiCating committee. there was no douh
7 i'm his. (Worthington's) mind that h
| was fully protected i'm using that Ian
guage by the laws of the land. In -
| court civil or military, he said. Coul'
the accused be held accountable for hi
| language even IL IL could be shown tha
! the speaker was actuated by malice.
In addition 10 this, the president q
the United states had instructed IN
war investigating commission 10 an
nounce publicly that witnesses befor
that tribuna, would be given immunit
for whatever they might testify I,
This was u solemn promise given by IN
president of the United states. an
counsel had 10 doubt that the cour
would find that Gen. Eagan could no
under these circumstances he held {
answer to a military court martial 10
his language. Gen. Miles, he said. ha
! appeared before the committee ahou
three weeks before Gen. Eagan ha
made his statement. and on that occa
sion had. made most serious and sweer
ing charges against many of his suboi
dinatcs and particularly against Gei
Eagan and the commissary departmcf
OF the army. He had charged Ger
Pagan with being incompetent an
. neglectful Of his duties, anY ~
, feren,ialiy charged him. Gs hgai
with issuing poisoned meat he SO
! diers OF the army. and had averro
that many had died I'm consequence.