Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-01-26
tBy Telegraph to vire,nian-Pllo,.,


Washington, D. c., January 25.-The
board of army officers designated by
the Secretary of War to sit as a court
martial In the case Of Brigad,er-General
Charles p. Eagan. Commissary of Sub
sistence. charged with conduct unbe
coming an officer and gentleman, and
conduct TO the prejudice of good order
and military discipline. in connection
with his testimony before the War In
vestigating Commission, met in the
red parlor of the Ebbitt House at 10
o'clock this morning and almost imme-
diately proceeded to the business in
hand.
The members of the court, whose
names have heretofore been published,
appeared in full dress uniform.
EVERY MEMBER PRESENT.
At just 10 o'clock Colonel Davis. the
Judge -advocate, called the roll of the
court all of the members responding TO
their names. AS he concluded General
Eagan appeared with his counsel. Mr..
A. S. Worthington, formerly United
States District Attorney for the Dis
trict of Columbia.
General Eagan also wore the dress
uniform OF his rank. Almost imme
diately Colonel Davis arose and intro
duced General Eagan and his counsel,
and then proceeded to read the order
converting the court.
The Judge-Advocate, when this was
concluded. turned to General Eagan and
inquired whether he objected to any of
the members of the court as deslgna ed
by the order.
General Dagan replied: IT do not"
The members of the court then arose
and took the usual oath. which was adj
ministered by Colonel Davis. The
charges and specifications were then
read.
EAGAN PLEADS NOT GUILTY.
At the conclusion of the reading, on
being requested ITO plead to the specifi-
cation as to the first charge, General
Eagan said, Not guilty-not denying,
however, that the specifications set
forth correctly part of the language
used"
To the first charge he pleaded mot
guilty" To the specification to the
second charge he pleaded mot guilty
not denying. however. that the specif-
cation set forth correctly part of the
language used"
TO the second charge he pleaded mot
guilty"
PLEA QUALIFIED.
The Judge Advocate then arose and
said that the case in hand was a Pc
culiar one, but presented no unusual
difficulties. The accused had seen tit
to add to his plea of not guilty some
words tending to qualify it, but he did
not think tho plea relieved the court
from the necessity of proving the facts
alleged.
Judge Worthington responded briefly
and explained that the qualifying
words had been used upon his recon-
rnpn1atiop Tho SpecificltiOnS he said
did the accused great injustice in
that 1t selected particular expressions
without instances the specifications
quoted being in the middle of a sem
tence.
EAGAN'S Defence.
Continuing Mr.. Worthington said
that he desired to state briefly to the
court the substance of General Eagan's
defence. Whatever. said he the court
may think of the propriety of the lam
guage used by General Eagan before
the War Investigating Commission
there was no doubt in his (Worthing
ton's) mind that he was fully protected
in using that language by the laws of
the land. In addition to this the Pres
ident of the United States had instruct
ed the War Investigating Commission
to announce publicly that witnesses be-
fore that tribunal would be given Inn
munity for whatever they might testi-
~ to. This was n solemn promise given
by the President of the United States,
and counsel had no doubt that the
court would find that General Pagan
could not under these circumstances
be held to answer to a military court
martial for his language.
MILES OFFENCE.
General Miles, he said. had appeared
before the committee about three weeks
before General Eagan had made his
statement. and on that occasion had
made most serious and sweepine
charges against many of his subordi-
mates and particularly against him and
the Gonna, 5sary Department of the
army.
Immediately upon receiving the testi-
mony given by General Miles. 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
commission. The newspapers then took
1t up and goaded General Eagan almost
to DESPERATION. He had come to be-
lieve 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
grew worse and worse until he was in
state bordering on distraction. The
language which General Eagan used
under these circumstances was the