The record-union., 1899-01-28
.EACAN'S FATE IN
HANDS OF COURT.
continued from First Page.)

ally heinous and such as would unfit
the accused for association with right
thinking men, One case cited was that
of an officer who struck another VINO
was cripple, and called him har
General Sherman, who reviewed the
case. disapproved the findings of dis
missal of the court and said, in effect
that this penalty should not be imposed
except the offense untitled the perpe-
traitor for the society of gentlemen,
and while he regarded the action OF
the officer as properly subjecting him
to a severe penalty, yet the extreme
penalty of dismissal should not be i'm
posed.
Counsel reviewed at length the testi-
mony which had been given tending to
show that General Eagan's mind was
so seriously affected by the accusations
which had been made against him that
his friends feared that he would go out
upon the street and shoot General
Miles on sight He was no longer
himself, and no longer could control ms
feelings or his actions.
In concluding his address, which last
ed over an hour, Mr.. Worthington made
a strong plea for the accused, asserting
that through this whole controversy he
had conducted himself as an honest
man, goaded to desperation by the
cruel and unjust accusations of his.su-
perior officer.
Colonel Davis the Judge Advocate,
closed the argument. He said that he
had no other idea from the beginning
than that all the facts and the whole
truth in this case be brought out He
said that If the accused thought HIM
self aggrieved by the statement of
General Miles, he had a positive and
sure remedy He had a right to de-
mand a court of inquiry, and he also
had the undoubted remedy of resort to
the civil and criminal law. But he
saw fit to ignore all these remedies,
and to take the matter into his own
hands He had prepared with delib
Grafton a statement which he had read
before the War Commission, which,
was grossly insulting and an undoubt-
ed infraction of the army regulations
as charged.
On the question of immunity, the
Judge Advocate stated that in all
courts, the language, in order to be
PilNllCSCd, iiuSt NC pei " Tic 10
sue; it cannot be slanderous and in VII
olation of military regulations. This
was the universal rule. The War In
vestigation Commission, which had
been created by the order of the Pres
ident, was an informal tribunal, neces-
sarily so by reason of the great scope
given to its investigation, and it was
not such tribunal as could punish for
contempt. 1t therefore might or
might not receive any statement which
might be presented. In this case it
had returned the statement to General
Eagan, declining to receive a paper of
the character presented by the accused.
He referred to General Miles state
ment regarding bad beef, and said that
the commanding officer of fourteen reg
iments had declared the beef furnished
to be unfit for food. Whatever the
facts. this testimony could not be ig-
nored. Although General Eagan had
been criticised, so, he said, had many
other high officers in the army, the
heads of bureaus. the Admirals of the
navy. All had been more or less Sc
verely criticised, but they had con-
tinued to do their duty as men and
officers.
Judge Advocate Davis spoke only
about thirty minutes, and as he con-
cluded at 1:30. General Merritt declared
the case closed and ordered the room to
be vacated by all except the members
of the court.
In the regular order the findings and
proceedings must now be carefully gone
over by Judge Advocate Davis He
thought it was possible this afternoon
to conclude his task tomorrow or Mon
day. He will place the papers in the
hands of Judge Advocate General Lie
Der, whose duty ii will be to make a
most careful examination of every part
of the record and findings, with view
to the detection of any irregularity in
the forms. Presuming that he finds all
of these things regular he will forward
the papers to the Secretary of War with
his Endorsement, If he sees fit to add
cne, and the latter will act finally '.by
direction of the President according to
the form of practice adopted in Secre-
tary Lamont's time. 1t is possible for
the papers to pass through the hands
of General Miles also at some stage
of the proceedings, he acting also in the
capacity of reviewing authority, but
this is not uniform practice and there
was notable exception in the Carter
court-martial.