The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-28

Ool' laws, the Judge advocate, closed
1he argument. He said that he had no
other idea from the beginning than that
all the facts and the whole truth in this
case should be brought out. He said that
IL the accused thought himself aggrieved
Dy the statement of Gen. Miles he had a
positive and sure remedy. He had a right
TO demand a court of inquiry and he also
had the undoubted remedy of resorting to
ciVil and criminal law. But he saw fit to
ignore all these remedies and to take the
matter in his own hands. He had prepar-
ed with deiiberation a statement, which he
had read before the war commission
which was grossly insulting and an un-
doubted infractlon Of the army regulation
as charged.
Language Must BE Pertinent.
On the question of immunity the judge
advocate stated that in all courts the
language, in order TO be privileged, must
be pertinent to the issue, it cannot be
slanderoUs or in violation of military reg
ulations. This was the universal rule
The war investigating commission, which
had been created by the order of the
President was an informal tribunal, nee
essarily so by reason of the great scope
given to investigation, and it was not
such a tribunal as could punish for con-
tempt. It. therefore might or might not
receive any statement which might be
presented. In this case it had returned
the statements TO Gen. Eagan, declining
to receive a paper of the character pre-
sented by the accused.
He referred 10 Gen. Miles statement
regarding bad beef and said that the COM
manding officers of fourteen regiments
had declared the beef furnished unfit for
food. Whatever the facts, this testimony
Eagan had been criticised, so, he said,
had many other high officers In the army,
the heads of bureaus and admirals of the
navy. All had been more or less severely
criticised. but they had continued to do
their duty as men and officers.
Court Makes It's Findings.
judge Advocate Davis spoke only about
thirty minutes, and as he concluded, at
40 O'Clock. Gen. Merritt declared the
court closed and ordered the room to be
vacated by all except the members OF the
court.
The court was in executive session for
little over an hour and in this brieI
space of time reached its conclusion, Tor
il soon became known when the doors
were reopened that a verdict had been
reached, or in military parlance, the court
martial had made its findings.
The 1acL was COiitll iAiN0 ~ 80
nouncement from The judge advocate that
the court had adjourned without day lt
can be recalled only 70 correct fault IN
the proceedings, which is rare occur
renee.
Left with the Judgs Advocate.
In the regular order the findings and
proceedings must be carefully gone over
nv Judge Advocate Davis. He thought It
ycas. possible this afternoon to conclude
his task tomorrow or Monday He viii
Mace the papers in the hands OF Judge
Advocate General Lieber, whose duty it VIII
he to make a most careful examination OF
everv mart of the record and findings, with
a view to the detection of any irregularl-
ties in the forms. Presumng that ne
finds all of these things regular he viii
farward the papers to the Secretary of
War with his Endorsement, If he sees nj
to add one. and the latter will act finally
"bv direction of the President" accord
ing to the form of practice adopted IN
Secretary Lamout's time.
Ii is proper to state that it IS posslole
for the papers to pass through the hands
of Gen. Miles at some stage in the pro-
ceedings he acting also in the capacity
of a reviewing authority, but this is not
uniform practice, and there was a nota-
bic exception in the Carter court martial.