The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-26
PLEADED NOT GUILTY
DEFENSE OF COMMIssARY GENER-
AL EAGAN IN THE COURT
MARTIAL PROCEEDINGS
ATTORNEY CLAIMS IMMUNITY
Directs Attention to- the Promise of
President Mckinley in That Con-
nectiOn-Gen. Eagan, by Advice
of His Counsel, Qualities his Plea
of Not GutIty-Ofered No Objec-
ton to Personnel of Court.

of Not GuiIty-ORered No Objec-
ton to Personnel of Court.
WASHINGTON, Jan. 25.-The board
Of army officers designated by the sec
rotary Of war to sit as a court martial
in the case of Brig. Gen. Charles p.
Eagan, commissary general of subsist-
ence. charged with conduct unbecom-
Ing an officer and a gentleman, and
conduct to the prejudice Of good order
and military discipline, in connection
with his testimony before the war in
vestigating committee, met in the red
parlor of the Ebbitt house, at 10 o'clock
and almost Immediately proceeded to
the business in hand. The court con-
sisted Of Maj. Gen. Wesley Merritt, Z.
s. A.; Maj. Gen. Wade, U. s. "; Maj.
Gen. M. G. Butler, U. S. "; Maj. Gen.
S. M. B. Young, u. S. "; Brig Gen.
Royal T. Frank, u s. "; Brig. Gen.
George M. Randall, U. s. "; Brig Gen.
]. D. Kline, U. S. "; Brig. Gen. Richard
corps of engineers; Col. George L.
Gillespie, corps Of engineers Col.
Charles r. Suffer, corps of engineers;
Col. Francis L. GGenther, Fourth
artillery; 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 a long table placed length
wise Of the room. Gen. Merritt. the
president Of the court, occupying the
seat at the head. At just 10 o'clock
Col. Davis called the roll Of the court,
all OF the members responding to their
names. AS he concluded, Gen. Eagan
appeared with his counsel, Mr. A. 8.
Worth1ngton, formerly United States
district attorney for the District of Co
lumb1a, 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 pro-
ceeded to read the order converting the
court
The judge advocate, when this was
concluded, turned to Gen. Eagan and in
qu1red whether he objected to any Of
the members Of the court as designated
by the order Gen. Eagan replied:
II do not"
The members of the court then arose
and took the usual oath, which was
administered by Col Davis. The
charges and specifications were then
read.
0dIA<' i<AS<A4N . LIZA.
During these preliminary proceedings
Gen. Eagan exhibited no signs of ner-
Vousness. but the expression Of his
face and his manner clearly indicated
that he realized that the trial involved
consequences to him of the grayest
character. While he stood listening to
the charges and specifications, his face
seemed somewhat paler than usual At
the conclusion of the reading. on be-
ing requested to plead to the specifca-
lions Of the first charge, he said: mot
guilty, not denying, however, that the
specifications set forth correctly part of
the language used.
10 the first charge, he pleaded Not
guilty" To the specifica tons of the
second charge, he pleaded not guilty..
not denying, however, that the specifi-
cations set forth correctly 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 pc
culiar one. but presented no unusual
dlfncult1es. 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 explained why the qualifying
words had been used, upon his recon-
mendation. The specifications did the
accused a great injustice, in that they
selected particular expressions without
giving the context, and in one or more
instances the specifications quoted be-
ginning in the middle of a sentence.
Continuing, Mr. Worthington said that
he desired to state briefly to the court
the substance of Gen. Eagan's defense.
Whatever, said he. the court may think
of the propriety of the language used
by Gen. Eagan before the war investf-
eating commission. there was no doubt
in his (Worthington's) mind that he
was fully protected in using that lam
guage by the laws of the land. In 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 mall
ice. In addition to this, the president
Of the United States had instructed the
war investigating commission to an
nounce publicly that witnesses before
that tribunal would be given immunity
for whatever they might testify to.