The times., 1899-01-26

to rest the case before this court on either
the protection that the President or the
court has promised, because / think it
will appear that however strong those eX-
pressions were, or as to the propriety of
the language used, under the circum-
stances surrounding General Eagan,
it did not go to the extent of being Grim
inal or of deserving punishment or CEN
sure.
General Miles appeared before that tri-
bunal about three weeks before this tes-
timony was given, and testified to num-
Der of matters. and especially addressed
himself to certain charges against the
Commissary General, including everyone,
perhaps. who was subordinate to the
Commissary General, and perhaps his su-
periors also.
"As to General Eagan, General Miles in
effect testified that he was incompetent
and neglectful, and that by reason of that
the soldiers of our army had been poison
ed, and he added ts that language which
clearly implied. and was meant to imply,
that in doing this General Eagan was act
ing corruptly and that he was guilty of
this infamous offence to put money into
his pocket.
Could Not Prefer Charges.
General Eagan went to the Secretary
of War and asked to prefer charges. He
was then informed by the Secretary o:
War that under the promise of immunity
which had been made, General Miles could
not be called to account. Almost immedi-
ately after General Miles gave his testi-
mony before the Commission there ap-
peared in a New York paper what pur
ported to be an interview with Gene. al
Miles, in which he was assumed to have
repeated the statements duplicating Gen
| eral Eagan, and in which he, however.
even more clearly than in his testimony.
used language which implied corruption
on the part of General Eagan.
1T appeared to General Eagan that as
this statement was not made before the
Commission he would not be protected.
He therefore wrote to the Adjutant Cen
eral and requested him TO communicate
with General Miles. The Adiutant General
referred the matter TO General Miles, who
returned the communication with an en-
dorsement in which he evaded answering
the question, so that General Eagan found
that it would be impossible for him to
proceed under that interview.
He then kept quiet until time should
come when he should be allowed to tes-
tify. 4 period OF about three weeks elaDs-
ed. 1t would naturally follow that his ex-
citement would pass away, but you will
find by those surrounding him that because
of the newspaper publications which ap-
peared throughout the country by the
tens, hundreds, and thousands, | might
say, which bore in upon him. it seemed to
him that the press and country had accept
ed the genuineness of the charges against
him by General Miles as true, and that he
was a dishonored man throughout the
length and breadth of the land and not
/ only that. but corrupt.
The effect that this had upon him was
that in the excitement of the occasion, the
condition of his mind grew worse and
worse. and at the time when this state
ment was dictated, Immediately before he
/ was called before the Commission without
I any time to revise il or to consider il,
+ that he was in a condition bordering
on distraction. No honest and upright
man could have been any less excited than
General Eagan was at that time, and
/ the language he used was but the natural
outbreak of an honest man who felt that
/ he was under monstrOus degradation.
1t will appear therefore, 10 the court
that when he read this statement before
| the Commission he was not interrupted
and no suggestion was made by the court
/ or anyone else that there was any impro-
! priety in his statement.
When the court returned his statement
| he Immediately proceeded to revise it and