The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1899-01-27
Conyenes at the Ebbitt House,
Wasllington--No Objection to
the Court.
Defendant Pleads Not Guilty, but
Admits Using Certain
Language.
Will Claim Justification and the
Protection of Mckinley's
Promise.

WASHINGTON. Jan. 26.-The board OF
army officers designated by the secre-
tary of war to sit as a courtmartial in
the case of Brigadier General Charles
P. Eagan, commissary general OF sub
sistence. charged with conduct unbe-
coming an officer and a gentleman, and
conduct to the prejudice of good order
and military discipline, in connection
with his testimony before the wa in
vestigating committee, met in the Red
parlor of the Ebbitt house, at 10 o'clock,
and almost Immediately proceeded t.
the business in hand. The court con-
sisted of Major Generals Merritt, Wade.
Butler and Young: Brigadier Generals
Frank, Randall. Kline and Combs; Col.
onels Hams. Gillespie, Suffer and
Guenther and Lieutenant Colonel
George B. Davis. deputy judge advocate
general. judge advocate of the court.
All in Full Dress Uniform.
The members Of the court. who ap-
reared in full dress uniform. were
seated about a long table placed length
wise of the room. General Merritt. the
president of the court. occupying the
seat at the head. At just 10 o'clock.
Colonel Davis called the roll of the
court. all of the members responding to
their names. AS he concluded. General
Eagan appeared with his counsel. Mr..
A. 5. Worthington. formerly United
States district attorney for the District
OF Columbia. and took seats near the
judge advocate. at the foot of the table.
General Eagan also Wore the dress uni
form of his rank. Almost Immediately
Colonel Davis arose and introduced Gen
eral Eagan and his counsel. and then
proceeded to read the order c%onvenins
the court.
n Judge advocate. when this wa
concluded. turned TO General Eagan
and inquired whether he objected to
IN Of the members of the court as des.
ignated by the order. General Eagan
replied:
Il do not"
The members of the court then arose
end took the usual oath which was adj
ministered by Colonel Davis. The
charges and specifications We're then
read.
Plead Not Guilty.
al ltlt CclltIllSlOl u lHe ItdilU0. on
being requested to plead TO the specifi-
cation of the first charge, General
Eagan said, Not guilty" not denying.
however, that the specification set forth
correctly part Of the language used.
To the first charge he pleaded mot
guilty. To the specifications to the
second charge he pleaded not guilty.
not denying. however, that the specif-
cation set forth correctly a part OF the
language used.
To the second charge he pleaded mot
guilty"
The judge advocate then arose and
said that the case in hand was a peculiar
one, but presented no unusual difficult
ties. The accused had seen fit to add to
his plea of not guilty, some words tend
ing to qualify it. but he did not think
the plea relieved the court from the ne.
cesslty of proving the facts alleged.
Defense Outlined.
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 it selected par
tlcular expressions without giving the
context and IN one or more instances
the specifications quoted beginning in
the middle OF 3 sentence. Continuing.
Mr.. Worthington said that he desired
to state briefly to the court the sub.
stance Of General Eagan's defense
Whatever, said he, the court may think
OF the propriety of the language used BY
General Eagan before the war investi.
eating commission, there was no doubt
III his Worthington's) mind that he was
fully protected in using that language
by the laws of the land. In no court.
civil Or military, he said, could the &C.
.cused be held accountable for his Ian.
guage, even If it could be shown that
the speaker was actuated by malice.
In addition to this, the president of the
United States had instructed the war
investigating commission to nnoun
publicly that witnesses before that tri.
bunal would be given immunity for
whatever they might testify to.
This Was q Solemn Promise
given by the president of the United
States and counsel had no doubt that
court would find that General Eagan
could not, under these circumstances.
be held to answer to a military court.
martial for his language. General
Miles, he said, had appeared before tho
commission about three weeks before
General Eagan had made his statement, !
and or that occasion had made most Sc.
rious and sweeping charges against
many of his subordinates and particu.
larly against him and the commissary
department of the army. He had
charged General Eagan with being in.
competent and neglectful of his duties,
and had theoretically charged him, Gen.
eral Eagan, with issuing poisoned meat
to the a0ldinra Of Tia o.na.x aad LII