Omaha daily bee., 1899-01-27
SPEAK KINDLY OF EACAN
Associates Of 0ommissary General Testify
in His Behalf
HIS EXTREME NERVOUS STATE DESCRIBED
Victim of Miles Attack Feels that Ills
Honor as Soldier Ia furnished
and that He Is Helpless
to Resent the Insult.

WASHINGTON, Jan. 2G.-The feature OF
the proceedings before the Eagan court mar
tal today was the testimony-dramatiC in
many parts and characteristic in its quiet
intensty--of Commissary General Eagan
himself
Not more than fifteen or twenty people
outside Of the court and dozen or so news
paper correspondents were admitted to the
trial rooms. Several witnesses preceded the
chief figure in the trial
General Eagan listened intently to the tes-
timony Of these witnesses and occasionally
held brief whispered conferences with mis-
counsel He was dressed in fun uniform,
without sword and his forid face, white
hair, and moustache and sodiery bearing re-
called to many the late General Sheridan to
whom he bears distinct resemblance.
His call to the stand this morning was
something of a surprise it had been
thought 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 admin
istered by the judge advocate and at first
related his army career. AS he proceeded
in his testimony 1t became apparent that the
line of defense would be justification and ex-
treme provocaton, 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 upon as
applicable to General Eagan's testimony be-
fore 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 aepersions on him he raised
his voice somewhat and spoke with great
earnestness, though with perfect enunciation.
In speaking of the criticisms of the news
papers which he said had been called forth
by General Miles testimony, his manner was
intensely dramatic and impressive. His eyes
filled with tears and his voice trembed and
the impression he left with many was de-
cidedly favorable.
After the court adjourned several mem
bers shook his hand and in friendly way
asked after his health.
When the Eagan court-martia! reassem-
bled today Judge Advocate Davis stated that
he submitted formally the testimony of Cen
eral Miles read yesterday 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 ses-
sion of the court. These included the cor
Tespondence 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
alleged to have severely criticised the COM
missary generals department, was author
itative Extracts from the alleged inter
view were also read and submitted as a
part of the record.
Colonel w. l.. Alexander U. S. A. Of the
subsistence department, was the first wit
ness called by the defense. He said he
returned to Washington from Jamaica on
the morning OF the day General Eagan gave
his testimony before the War Investigat-
ing commission. General Eagan, he said,
was hastily going over papers in connec-
tion with his testimony and showed signs
OF great excitement. General Eagan ner-
vously handled the papers and witness had
rarely seen a man in such a nervous condi-
tion. His manner was so exceptional that
he asked Colonel Davis OF the Commits
sary department who was present, whether
the general was not i'll. He had been in
timately connected with General Eagan,
but never before had he seen him In such
condition. General Merritt asked
whether, to his knowledge General Eagan
had consulted anyone as to the substance
OF his testimony to be presented to the
commission. Colonel Alexander answered
that so far as he knew General Eagan had
not.
Eject of Miles Testimony.
Colonel G.. b. Davis, assistant to Commits
sary General Eagan, the next witness.
He testified that he had been very closely
associated with General Eagan during the
last several months. He was in the Office
before the commission and as soon as Gen
eral Eagan saw the published statement of
his testimony he became considerably eX-
cited and wrote to General Miles asking as
Go the truth of an interview published with
General Miles. AS time went on his ex-
citement increased to such an extent that
he did not attend to the routine duties of
his office Later on General Eagan reached
such a state that he could not attend to
any business. The day before General
Eagan appeared before the commission he
read his statement over to the Witness who
urged him to modify It somewhat. but he
would hot listen, and walking up and down
the room said he would not change a word
OF 1t. Newspaper clippings were con-
stantly being received criticising General
Eagan and these greatly increased his ex-