Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-28
EAGAN CASE CLOSED,
C0ut-MatiaI Makes Its Find
ingS and AdjOuTnS'
FINAL TESTIMONY DRAMATIC
Daughter Of Accused Says Latter EX-
claimed, 81 Am CruCifed by Miles,"
SECRETARY ALGER \ WITNESS.
lie Says Engnn Came To see Him
with Reference to Preferring
for and Against the Defendant.


WASHINGTON. January 27-The case
Of Commissary- General Charles p. Ea-
gan. charged with conduct unbecoming
an officer and gentleman and with con-
duct tending to the prejudice OF good or
der and military discipline. is now in the
| hands Of the court-martial appointed to
try him To-day the taking OF testimony
was closed. and arguments Of counsel
were submitted. The TRIAL had lasted
three DAYS. and consumed less than eight
hours of actual sitting.
4 session behind closed doors Of an
hour or so suiiced for the court to reach
| "a conclusion and embody it in a report
What the verdict was IS altogether
matter Of speculation, and officially, at
least. will not be made public by the
trial board. the military regulations re-
curing that its findings shall go through
| prescribed channels and be kept secret
until action be- had and promulgated by
| the proper reviewing authorities.
The testimony at the closing session Of
! The coJrt was directed largely 10 estab-
| fishing the fact that the General had lost
| his mental balance. as a result OF the
| charges made against him by General
Miles His daughter and her husband
| told Of the Generals changed condition,
| and intmated that they had great fears
| that he might az any time Kill his ac-
| cuser.
MT Mckee a lifelong friend, stated
| that at that time he believed him actual
We're brought out strongly by Mr.. Worth
| ington. i'm efforts on his part 10 show that
General Eagan AT times was wholly ire
| sponsible.
| MORE REMARKABLE LANGUAGE.
| 4 dramatic incident of the trial to-day
! was the testimony of the Generals daugh-
| ter. in which she described her fathers
| appearance on the day he first read Gem
| cral Miless statement. Standing I'm the
door of his house, with the newspaper
| containing the evidence I'm his hand, be
| had exclaimed wildly. IL have been cruci-
| fed by General niles"
Mr.. Russell \. Alger, the Secretary Of
| War. was also witness to-day. lie said
| that he recalled "a conversation he had
| had with General Eagan shortly after
| General Miles had given his testimony.
| General Eagan came into his office in an
excited state of mind, and said IL was
| his wish 10 prefer charges against General
| Miles for what he had said. II told him,
| testified Secretary Alger chat under the
| Presidents order granting immunity TO
| officers who testified before the commits
| sion. he could not do So"
mir. Secretary, did you receive any in
| strucuous from the President ON this
! point?'
"IIe said TO me immunity had been
| granted to Witnesses
| General Alger was excused, the members
| of the court rising To- their feet as he
| withdrew.
| ARGUMENT FOR ACCUSED.
| Mr.. WorthinW0n begun argument for
| the accused. opening by saying that he
| contended that 10y the law of this coun-
| try-civil. criminal. or military-the de
| fendant could not be called 10 account for
| what he said before the War investigating
| Commission Ho quoted from a NUM-
! Der Of hi2h authorities d show hat If
! the words spoken were pertinent and ma
| terial to the cause I'm hand. We're not OBJ
| iected TO by the tribunal hearing the
| same and were not malicious in charac-
| ter. the witness could not be held am
! sWerable.
The. remedy. said Mr.. WorthingtOn, lies
| with the tribunal before which General
Eagan gave his testimony II he had
| been told by that commission that his
| language was exaggerated and inadmissi-
bic. he would have Withdrawn his words
at once. but at this late day 20 call him
| 10 account was, said Mr. WOrthingion,
unfair. ard unwarranted by law.
Counsel then called attention to the
Presidents published statement that wit
nesscs were given immunity ana declared
that this guarantee was claimed by the
fI.... afTarrur- -f he
believed General Eagan was perfectly
protected against any results such as had
been forced upon him by this court He
had been accused of heinous crime. and
i'm his statement to the investigating
Commission he had defended his honor
and innocence. as he had a perfect right
10 do. but using stronger language per
maps. than he should have used.
SERIOUSNESS OF CHARGE.
Mr. Worthineton next quoted from au-
thorities TO show that 20 convict the ac-
cused Of conduct unbecoming am officer
and n gentleman the offence must be
such that any brother officer who should
after his conviction take him 10y the
hand or visit his home or be on intimate
terms with him. would himself ba dis
qr8ced thereby. and render himself unfit
10 associate with gentlemen and men Of
honor.
The endorsements OF several high re-
viewing officers I'm the. United States
army on the findings Of courts-martal
were quoted as showins that the offence
must be- exceptionally heinous, and such
as would unfit the accused for associa-
ton with reht-thinlang men.
/ Counsel then reviewed the statement
made by General Miles. and character
izcd il as without a parallel i'm the his
tory OF the country. He commented upon
the statement that General Miles pre-
tended 10 have known about the so-called
beef frauds for three months before he
had sprung them on the country in his
testimony before the War investigating
Commission During that time, said
counsel. General Miles had not communi-
Gated the alleged facts 10 the responsible
officers nor taken any steps 10 put a
stop 10 them. .
EAGAN'S STATE or MIND
Counsel reviewed at length the tesu-
mony which had been given, tending 90
show that General taSan s. mlhu Nas 80
.,riouslv affected by the accusations
which had been made against MN ina l
r;s friends feared that ne would 30 out
mon Tho street and shoot General Miles
on sieht. He was NO longer himself ana
mn LONGER could control his feelings or MS
In concluding his address. which last
"a o,er an hour Mr.. Worthington made
n strong plea for the accused asserting
maj through this whole controversy he
had conducted himself as an honest man.
roaded 10 desperation 10y the cruel and