The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-26
But Does NOT Deny That Part Of the
Language Quoted is Correct.
COUNSEL OUTLINES THE DEFENSE
General Eagan Was Protected In U.s.
ing the Language lie Did by the
Laws OF the Land aud by the
Promise of the President
of immunity TO All
Witnesses.


Army officers designated by the secre-
lary OF War TO sit as court-marllal In
the case OF Brigadier General Chas. p.
Eagan, commissary Of subsistence.
charged with conduct unbeconing an
officer and a gentleman. and conduct TO
the prejudice OF good order and military
discipline, ia connection with his testi-
mony before the War investigating Com
mission, met in the Red parlor OF the
EODitt House az ten o'clock this morning
ana almost immediately proceeded 10 tho
business IN hand
Ihe members Of tho court, whose names,
have hereiof.ro b.cn published, appaar-
ed in full dress uniform.
Al just 10 o'clock Colonel Davis. the
tudge-aivocate, called the roll OF tho
court all or 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 tho District
Of Columbia
General Eagan also wore The dress uni
form OF his rank.
Almost Immediately Colonel Davis arose
and introduced General Pagan and nls
counsel and then proceeded 20 read tho
order convening the court. The judge
Advocate, when his was concluded
turned 20 General Eagsn and inquired r
he objected 10 any OF the momocrs Jt
the court as designated 10y the or,le..
General Eagan replied:
II do not"
The members Of tho court tnen aiose
and took the usual oath. whi.h was rd-
ministered by Colonel Davis. rnc charges
and specifications wese then read.
PLEA OF NOT GUILTY.
At the conclusion Of the reading. on
being requested 10 plead 10 tha specii-
cation as 10 the first chtye. General
Eagan said:
mot Guilty. not denying. however ,sa,
the specifications set forth correctly A
part OF the language used
To the first charge he pleaded mot
guilty. To the specification 10 the Sec
ond charge, he pleaded mot guilty, not
denying. however that the specification
set forth correctly a portion OF the Ian
guage used on the second charge no
pleaded mot guilty
The judge-adyocate then arose and said
that the case In hand was peculiar one.
but presented n unusual difficulties. The
accused had seen NJ TO add to his plea
Of not guilty some words tending 10
qualify IL. but he did not think the plea
relieved the court from the necessity Of
proving tho facts alleged. Judge Worth
ing,on responded briefly, aud explained
that the qualifying words had been used
upon his recommendation. The speciica-
tons. he sald did the accused q great in
Justice. I'm that it selected particular ex-
plantations without instances, the speci-
icatlons quoted being In tho middle Of
a sentence.
DEFENCE OUTLINED
COntnting Mr. Worthiugton said that
he desired tO state briefly TO the court
the Substance OF General EaFau'S de-
fence. Whatever. said he. the court may
think OF the propriety of the Language
used by General Eagan before the War
Investigating Commission. there was no
doubt IN his (Worthngton - mind that he
was fully protected In using that LAM
guage by the laws Of the land. In add-
tion ~ this the President OF the United
states had Instructed the War lnvesu-
eating Commission 20 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 aud counsel had no doubt
that the court would ind that General
Eagan could not under these circum-
stances be- held 10 answer % q military
cocrt-meiiial for his language.
A VISIT TO THE PRESIDENT.
Al 1880 o'clock word came fTOm the
White House that the President would
receive the members OF the court be-
tween # and 4 o'clock Thereupon. Cen
eral Merritt announced that the court
would take recess FOR the purpose u
paying their respects 10 the President oC
the United States
On rng z-org nlff-rr AZ II IN o'rfogk a fav~
minutes was given a photographer TO
take a picture OF the court and then
Major 5. Q. Mills was called 10 testify on
behalf Of the government.
He said he was the recorder OF tho
War investigating Commission and was
present and heard General Eagan's testi-
mony before the commission The man.
ner Of General Eagan in giving his testi-
mony, ne said, was that OF a man labor
ing under great excitement, but trying
70 control his excitement.
Major-General McCOOk (retlre.D. a men,
Der OF the Wa Investigating Commits
sion. was the next witness. He wa,
present and heard part ot General
Eagan's testimony before the commits.
sion. Tho impression / had" ne sati.
was that General Eagan must be la
boring under great nervous excitement"
Witness recalled remark By the Pre-
sident In regard 20 the immunity OF Wit
nesses. The President had said. In SUBJ
stance. that any person who should come
before the commission 20 give evidence
should receive immunity from the acton
OF any higher authority. II was thetun-
ds,standing Of the commission that this
immunity extended only TO legitimate
testimony that could be received by any
tribunal
length from General Miles testimony
before the War investigating commis-
sion which called forth the Objectionable
language In General Eagans statement.
At the conclusion OF the reading OF
General Miles statement Judge Worth
ington read al length from General Ia
gans revised testimony before the War
fnvestigating Commission.
Al 2 O'Clock tho court adjourned until
a o..t.,t, .ornorrovu rtaorpfuU