The San Francisco call., 1899-01-26

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 the
United States had instructed the War
Investigating Committee to announce
publicly that witnesses 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 General Eagan could
not, under these circumstances, be held
to answer to a military court-martial
for his language. General Miles. ne
said, had appeared before the commit
tee about three weeks before General
Eagan had made his statement. and on
that occasion had made most serious
and sweeping charges against many of
his subordinates, and particularly
against the commissary department of
the army. He had charged General
Eagan with being incompetent and neg
lectful of his duties and had inferenti-
ally charged him with issuing poisoned
meat to the soldiers of the army. and
had averred that many had died in con-
sequence. He had also implied that
General Eagan went to the Secretary of
War and asked leave to bring charges
against him. General Alger had replied
that under the Presidents order of i'm
munity, General Miles could not be
held responsible for his language before
the committee The newspapers then
took it up and goaded General Eagan
almost to desperation. He had come to
believe that the press and the country
at large had accepted the accusations
made by General Miles as true, and the
condition of his mind, in consequence.
nd hn fY1
a state bordering on distraction. The
language which General Eagan used
under these circumstances was the nat
ural outburst of an honest man suf-
fering under an unjust accusation.
At 1925 o'clock word came from the
White House that the President would
receive the members of the court be-
tween II and II o'clock Thereupon
General Merritt announced that the
court would take a recess for the pur-
pose of paying it's respects to the Pres
ident.
On reassembling at 11:50 time was
given a photographer in which to take
a picture of the court, and then Major
S. c. Mills was called to testify on be-
half of the Government. He said he
was the recorder of the War Investiga-
ton Commission and was present and
heard General Eagan's testimony be-
General Eagan in giving his testimony,
he said, was that Of man laboring un-
der great excitement, but trying to con-
troll himself The witness had charge
of the typewriter testimony given by
General Eagan and had delivered the
same to General Dodge at his hotel.
Subsequently the witness had returned
the paper to General Eagan with let
ter from the commission declining to
in
The witness recalled some of the
words used by General Eagan in his
testimony, which agreed substantially
with the phraseology in the specifica-
tions. He was shown a copy of the
specifications and identified the Ian
guage there quoted as having been
used by General Eagan.
Worthington interrupted to say that
General Eagan did not deny the Ian
guage quoted and, had not the orig
inal statement been destroyed after the
Objectionable words had been expunged,
he would willingly produce it.
Major General McCook, retired, a
member of the War Investigation Com
mission, was the next witness. He was
present and had heard a part of Cen
eral Eagan's testimony before the COM
mittee.
"The impression" he said, II had was
that General Eagan must be laboring
under great nervous excitement"
He recalled some of the language
used. and it agreed substantially with
the testimony as published. He was
shown a copy of the specifications and
identified some of the language as hav-
ing been used by General Eagan
The words, II want to force the lie
back into his throat, covered with the
contents of a camp latrine." General
McCook did not hear. He had his own