The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-26

morning and almost Immediately pro-
ceeded to the business in hand
The court consisted of Maj Gen.
Wesley Merritt, Z. S. A (president)
Maj. Gen. James F. Wade, U. S. V.
Maj. Gen. NJ. C. Butler, u. S. V.
Maj. Gen. S. B. NJ. Young, U. S. V.
Brig. Gen. Royal T Frank, U. S. V.
Brig. Gen. George NJ. Randall, U. S. V.
Brig. Gen. Jacob Kline, U. S. V.
Brig. Gen. Richard Comba, u. S. V.
Col. Peter c. Hams, Corps of Engin-
GERS.
Col. George L. Gillespie, Corps of
Engineers.
Col. Charles R. suter, Corps of En-
gineers
Col. Francis L. Guenther Fourth Ar
tillery
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 seat
ed about long table placed lengthwise
OF the room, Gen. Merritt occupying the
seat at the head.
At 10 o'clock Col. Davis called the
roll of the court, all of the members
responding to their names. AS he con-
Guided Gen. Eagan appeared with his
counsel, A. S. Worthington, formerly
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 convening the court.
Inc Judge advocate when this was
concluded turned to Gen. Eagan and
inquired whether he objected to any of
the members of the court as designated
do not"
The members of the court then arose
and took the usual oath, which was ad-
fninistered by Col. Davis. The charges
ana specifications were then read.
AT the conclusion of the reading. on
being requested TO plead to the specifi-
cation to the first charge, he said:
NOT guilty; not denying, however, that
the specifications set forth correctly
part of the language used.''
To the first charge he pleaded "Not
guilty"
10 the specification to the second
charge he pleaded Not guilty; not de-
nying, however, that the specification
sets forth correctly a 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-
liar one. but presented no unusual diff
f1culties The accused had seen fit to
add to his plea of not guilty some
words tending to qualify it. but he did
not think the plea relieved the court
from the necessity of proving the facts
alleged.
Judge Worthington responded briefly
and Two
words had been used upon his recon-
mendatfon. The specifications did the
accused great injustice in that 1t Sc
lected particular expressions without
giving the context and in one or more
instances the specifications quoted be-
ginning in the middle of sentence.
Continuing, Mr.. Worthington said
that he desired to state briefly to the
court the substance of Gen. Eagan's
defense. Whatever the court may
think of the propriety of the language
used by Gen. Eagan before the war in
Vestigating committee, there was no
doubt in his (Worthington's) mind
that he was fully protected in using
that language by the laws of the land.
Ii no court, civil or military, he said,
could the accused be held accountable
for his language, even if 1t could be
shown that the speaker was actuated
by malice. In addition to this, the
president of thG United States had in
structed the war investigating COM
mission to announce publicly that wit
neSses before that tribunal would be
given Immunity for whatever they
might testify to. This was a solemn
promise given by the president of the
United States, and counsel had no
doubt that the court would find that
Gen. Eagan could not, under these cir
cumstances, be held to answer to a
military court-,nartial for his language
Gen. Miles, he said, had appeared be-
fore the committee about three weeks
before Gen. Eagan had made his state
ment, and on that occasion had made
most serious and sweeping charges
against many Of his subordinates and
particularly against Gen. Eagar and
the commissary department Of the
army. He had charged Gen Eagan
with being incompetent and neglectful
of his duties and had inferentially
charged him, Gen. Eagan, with issuing
poisoned meat to the soldiers of the
army and had averred that many had
died in consequences. =
He had also implied that Gen. Eagan
was acting corruptly in the matter I'M
mediately upon reading the testimony
given by Gen. Miles, Gen. Eagan went
to the secretary of war and asked leave
to bring charges against him. Gen.
Alger had replied that under the pres
ident's order of immunity Gen. Miles
could not be held responsible for his
language before the commission,
The newspapers then took it up and
goaded Gen. Eagan almost to despera-
ton. He had come to believe that the
press and the country at large had ac-
cepted the accusations made by Gen.
Miles as true, and the condition of his
mind in consequence grew worse and
worse until he was in a state border
ing on distraction. The language which
Gen. Eagan used under these circum-
stances was the natural outburst of an
honest man suffering under an unjust
accusation.
In closing, Judge Worthington said
that Gen. Eagan could not be held ac-
countable for his language before any
tribunal In this country, civil or mill
tary, and particularly under the presi-
dents order Of immunity.
AT 1880 o'clock word came from the
White House that the president would
receive the members of the court be-
tween II and IL O'Clock. Thereupon
Gen. Merritt announced that the court
would take recess for the purpose of
paying their respects 60 the president
OF the United States. if
On reassembling at 11.S0 O'clock a
few minutes was given photographer,
In which to take picture of the court,
and then Maj. S. G. Mills was called
to testify on behalf OF the government.