The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-28

made by General Miles and arscterizec
it as without parallel in the history 81
the country. He commented upon the
statement that General Miles pretended
10 have known about the so-called beet
frauds for three months before he had
sprung them upon the country in his tes-
timOny before the war investigating COM
mission. During that time. said counsel.
General Miles had not communicated the
alleged fact 10 responsible officers nor
taken any steps TO put stop TO them.
! AFRAID HE'D SHOOT MILES.
Counsel reviewed at length the testi-
mony which had been given tending to
show that General Eagan's mind was so
! seriously affected by the accusations that
had been made against him that his
j friends feared that he would go out upon
/ the street and shoot General Miles on
/ sight. He was no longer himself and no
I longer could control his feelings or his
actions.
In concluding his address. which lasted
over an hour. Mr.. Worthington made a
strong plea for the accused, asserting
that through this whole controversy he
had conducted himself as an honest man
goaded 10 desperation by the cruel and
unjust accusations OF his superior officer
JUDGE ADVOCATE BEGINS.
Colonel Davis. the judge advocate, clos
ed the argument. He said that he had no
other idea from the beginning than that
ali the facts and the whole truth in this
case be brought out. He said that II the
accused thought himself aggrieved BY the
statement OF General Miles he had a posi-
tive and sure remedy. lie had a right 20
demand court OF inquiry and he also
had the undoubted remedy of resort 20
the civil and criminal law But ne saw
fit to ignore all these remedies and to
take the matter into his own hands He
had prepared with elaboration a state
ment, which he had read before the MAR
commission. which was grossly insulting.
and an undoubted fnfraction of the army
regulations as charged
AS TO IMMUNITY.
On the question % immunity the Judge
advocate stated that in all courts the Ian
gUage, in order 10 be privileged. must o..
pertinent to the Issue 1t cannot be sian
derous and in violation OF military regu-
lstions.
This was the universal rule. The war
investiga ting commission. which had been
created by the order Of the president. was
an informal tribunal. necessarily 50 by
reason Of the great scope given to It's In
vesdgation. and II was not such a tn
bunsl as could punish for contempt. II
therefore might or might OF recsv4ve any
statement which would be presented
in this case It had returned the statement
to General pagan, declining 20 receive a
paper OF the character presented by the
accused
NOT THE ONLY GORED OK.
He referred 70 General Miles statement
regarding bad beef and said that the com
manding officers OF ali regiments had de-
ciared the beef furnished 20 b. unfit fgr I
food Whatever the facts. this testimony
could not be ignored Although General |
Eagan had been criticized. 20. he said.
had many other high officers in the army.
the heads % bureaus the admiral % Ole 4
navy. All had been more or lezs severe,v 4
crit cised. but they Rid continued 20 do 4
their duty A. men and oficera
Judge Advocate Davis spoke only about .
thirty minutes. and - he concluded. g, I
l-ae. General Merritt declared the case
closed and ordered the room 20 Dc cleared
6y al except the members % the court