The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-27
While on the Witness Stand
in His Own Behalf.
GOADED BY GENERAL MILES
To the Point ofIrresponsibility
Will Claim Immunity.

many parts. in its quiet iptensity, of Com
missary General Eagan himself. Not more
than fifteen or twenty people outside of
the court and dozen or so newspaper cor
respondents were admitted TO the trial
rooms. Several witnesses preceded the
chief figure in the trial General Eagan
| listened intently to the testimony of these
! witnesses and occasionally he'd brief wins
pered conferences with his counsel. He
| was dressed in full uniform, without
| sword and his fiorid face, white hair and
| mOustache and soldierly bearing recalled
to many the late General Sheridan, 10
| whom he bears a distinct resemblance. His
call to the stand this morning was some
| thing Of a surprise, as it had been thought
that if he testified at all it would be later
When his name was called he rose and,
standing before the witness chair, raised
his right hand. took the oath administered
| by the judge advocate, and at first related
his army career. As he proceeded in his
| testimony il became apparent that the line
/ Of defense would be justification and ex-
IRENE provocation, finally bringing on a
serious nervous condition which rendered
the witness unfit for business and made
him, to degree. irresponsible for his acts.
| The presidents order of immunity, it was
also made evident, would be relied on as
| applicable to General Eagan's testimony
/ before the war commission and that there
! fore the court martial had no proper juris-
| dictiOn of the case. When General Eagan
| began the story Of General Miles asper-
sions on him he raised his voice somewhat
and spoke with great earnestness, though
WITH perfect enunciation. In speaking OF
the criticisms of the newspapers, which
he said had been called forth by General
Miles testimony, his manner was intensely
dramatic and impressive. His eyes filed
with tears and his voice trembled and the
| impression he left with many was decided
/ ~ favorable. After the court adjourned
several members shook his hand and in
| friendly way asked after his health
When the court reassembled Judge Ad-
vocate Davis stated that he wished 10 sub
nit formally the testimony of General
Miles as read yesterday. as an exhibit in
this trial. and with this statement, he said.
the prosecution rested its case.
Mr.. Worthington, counsel for General
Eagan read several exhibits in connection
with the testimony read at yesterdays
session of the court These included the
correspondence between General Miles and
General Eagan through the adjutant gen.
eral. in which the latter asked as to
whether the interview published in New
York newspaper. in which General Miles
is slesed TO havx severely criticised the
commissary generals department. was au-
thoritative. Extracts from the alleged in
terview were also read and submitted as
part OF the record.
THOUGHT EAGAN MUST BE ILL.
Colone. ". L. Alexander, United States
army, Of the Subsistence department, was
the first witness called by the defense. He
said he returned to Washington from ia
maica on the morning Of the day General
Eagan gave his testimony before the war
investigating commission. General Eagan.
he said. was hastily going over papers in
connection with his testimony and showed
signs OF great excitement General Eagan
nervously handled the papers and witness
had rarely seen man in such a nervous
condition. His manner was so exceptional
that he asked Colonel Davis, of the COM
missary department, who was present,
whether the general was not i'll. He had
been intimately connected with General
Eagan but never before had he seen him in
such a condition. General Merritt asked
whether, to his knowledge. General Eagan
had consulted any one as to the substance
of his testimony 10 be presented 10 the
commission. Colonel Alexander answered
that. so far as he knew, General Eagan
had not
COULDN'T ATTEND TO BUSINESS.
Colonel George B. Davis. assistant to
Commissary General Eaean. was the next
witness. He testified that he had been
very closely associated with General Eagau
during the last several months. He was in
the office the day General Miles gave his
testimony before the war commission. and
as soon as General Eagan saw the pub
lished statement of his testimony he BE-
came considerably excited and wrote to
General Miles. asking as 70 the truth Of en-
Interview published with General NIilas.
As the time went on his excitement in
creased to s.Ich an extent that he did not
and apparently could not attend to the
duties Of mis- Office. Later on General Ea-
gan reached such a state that ne could
not attend 70 any business.
WOULDN'T CHANGE A WORD.
The day before General Esgan appeared
before the commission. he read his state
ment over 70 the witness. who urged him
to modify it somewhat. but he would not
listen. and walking up and down the room
said he would not change a word of e.
Newspaper clippings were constantly being
received criticising General Eagan. AMI
these greatly increased his excitement.
Some Of these clippings carried the idea
that General Pagan was a murderer and
that he had acted corruptly in sending IN
"a 49,
the witness said General Eaean was
wholly unified 70 perform the ordinary
duties Of his Office. IN 20 this time the
general had been hard worker and never
before had xhibi,ed any signs Of nervous
strain.
WAS THE SOLDIERS FRTETS.
Tn answer 20 A question Colonel Davis
said that General Eagan's conduct CT Ms
Office was perfectly honest and he had al
WAYS had the good Of the soldiers a. heart.
more 50 ;han any other commisssry gen
erai of whom he had ever known or heard
The witness. again referring % General
Essans testimony before me commission. /
said that ne had not been consulted in lis
preparation. but at the generals request
had supplied some Of the records. The
general had asked him az one time as -
his Judgment concerning the argument he
had prepared for the commission and he
witness had replied that It was a con1-
pleie answer q the criticisms which ha5
been made against him, but he had ad-
viSef tina, some parts 81 It b omitted
General EsgaR however. was greatly ex-
cited and witness thought ne would bring
the matter Ms attention more urgently
the next morning but witness did not taea
have q good opportunity.
General Eagan had told the witness rha,