Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-01-28
Conclusion Reached EmbOd-
led in a Report.
TESTIMONY FOR THE DEFENSE
Friends ma Family or Camiut.~Nry
General RcIicvo 40 Was meu.a,ty
Unbalanced When H. Tcsttaod BN-
fore War Iuvesttsatiug iomn,is-
siom-Spccches For Dcfouse nnd
Prosecution.
tny Telegraph to v,rg,niau- Puo.o

(By Telegraph to virg,nian- Puot)
Washington. Jan. 27-The case of
Commissary General Charles p. Eagan,
charged with conduct unbecomiug an
officer and n gentleman. and with con-
duct tending to the prejudice OF good
order and military discipline. is now
in the hands OF the courtmartal APP
pointed to try him. To-day the TAX
ing of testimony was closed and ar
guments of counsel submitted. The
trial had lasted three days and CON
sumed less than eight hours OF actual
sitting. a session behind closed doors
of an hour or so sufiiced for the court
to reach a conclusion and eTnbotfy It
in a report. What the verdict was is
altogether n matter of speculation, and
officially at least wfll not be made pub
lie by the trial board military regula-
lions requiring that it's findings shall
go through prescribed channels and be
kept secret until action be had and
promulgated by the proper reviewing
authorities.
M EN- TALLY UNBALANCED.
The testimony at the closing session
of the court was directed largely to cs-
tablishing the fact that the General
had lost his mental balance as u re-
suit OF the charges made against him
by General Miles. His daughter and
her husband told of the Generals
changed condition, and minated that
they had great fears that he might at
any time kill his accuser.
AI,r1S frio .-.nt
that at that time he believed him ac-
tually insane. The facts in this con-
nection were brought out strongly by
Mr.. WorthinEton in his efforts to show
that General Eagan at times was
wholly irresponsible.
A DRAMATIC INCIDENT
\ dramatic incident of the trial to-
day was the testimony of the Generals
daughter in which she described her
fathers appearance on the day he first
read General Miles statement. Stand
ing in the door OF his house with the
newspaper containing the evidence in
his hand he had exclaimed wildly: Il
have been crucitied by General Miles,"
THE PRESIDENTS PROMISE.
Mr.. Russell y. Alger. the Secretary
of War. was also n witness to-day. lie
said that he recalled conversation he
General Miles had given his testimony
General Icagan came into his office in
an excited state of mind, and said it
was his wish to prefer charges against
General Miles for what he had said.
II told him." testified Secretary AL
ger. that under the Presidents order
granting immunity to officers who tes-
tilted before the commission. he could
not do So"
q. MIR. Secretary, did you receive
any instructions from the President on
this point?"
y. lie said to me immunity had
been granted to Witnesses"
General Algcr was then excused. the
members OF the court rising to their
feet as he withdrew.
ARGUMENT OF COUNSEL.
Mr. Worthington began the argu-
ment for the accused. opening by say
ing that he commended that by the law
of this country. civil, criminal, or mil
itary. the defendant could not be called
10 account for what he said before the
War Investigating Commission. He
quoted from n number of high author
tiles to show that IL the words spoken
were pertinent and material to the
cause in hand and were not objected
to by the tribunal bearing the same.
and were not malicious in character.
the witness could not be held answer
able.
The remedy. said Mr.. worthington.
lies with the tribunal before which
General Eagan gave his testimony. If
he had been told by that commission
that his language was exaggerated and
nadmlssable. he would have with
drawn his words at once. but at this
late day to call him to account was,
said Mr.. Worthngton, unfair and I'M
warranted by law.
EAGAN PERFECTLY PROTECTED.
Counsel then called attention to the
Presidents public statement that Wit
nesses were given immunity, and de-
clared that this guarantee was claimed
by the accused. Under these circum-
stances he believed General Eagan was
perfectly protected against any results
such as had been forced upon him by
this court. He had been accused OF
heinous crime, and in his statement to
the Investigating Commission, he had
defended his honor and innoncence, as
he had perfect right to do, but using
stronger language, perhaps, than he
should have used.
Mr.. Worthington next quoted from
authorities to show that to convict the
accused of conduct unbecoming an off,
Ger and a gentleman the offence must
be such that any brother officer who
should, after his conviction, take him
by the hand or visit his home or be
on intimate terms with him would HIM
self be disgraced thereby. and render
himself unfit to associate with gentle
men and men Of honor. The endorse
ments OF several high reviewing off,
GERS in the United States army on the
findings OF courtmartial were quoted
as showing that the offence must be