The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-28
.ea conclusions, tlg president can
exercise llemency ii he 50 desires, and
General Eagan's friends will urge that
his punishment be confined to reliev-
ing him from the duties OF commis-
sary seneralof subsistence and 10 a
detail to garrison duty.

Was. said Mr.. worthlngton, unfair and un-
warranted by law,
Council then called attention 10 The
president's public statement that witnesses
would he given immunity and declared that
this guarantee was claimed by the he-
cused Under these circumstances he Do
lieved General Eagan was perfectly pro-
tectod against any results such ss hah
been forced upon him by this court. He
had been accused of heinous crime, and
In his statement to the investigating COM
mission had defended his honor ana ipno-
cpnce ms he had a perfect right to do. but
using stronger language than perhaps he
should have used.
Counsel then reviewed the statement
made by General Miles and characterized
Ii MS without parallel In tho history ot
tho country He commented upon lbe
statement that General Miles pretended
10 have known about the supposed hest
frauds for three monthG before he had
sprung them upon the country in his tos-
timeny before the war investigating conf
mission During that time, said counsel
General Miles had not communicated the
alleged facts to the responsible oihcers
nor taken amy steps to put stop 10
thom.
Counsel reviewed nj length the tesu-
mony which had been given tending 10
show that General Eagan's mind was 80
seriously affected by the accusations which
| had been made against him that his
| friends feared that he would 80 on the
| street and shoot General Miles on signt,
He was no longer himself and no longer
In control OF himself or his actions IN
| conclusion Mir. Wortbingtop made a strong
| plea for the accused asserting that
through this whole controversy nc hai
| conducted himself as an honest man goad :
cd TO desperation BY the cruel aud unjust
| accusations Of HIS superior officer
/ Colonel Davis. the judge advocate. cl.lsod
la. = tt.af In N <l
4 other idea from the beginning than thlt
all the facts and the whole truth 10 tnss
| d, Sc be brought out. lie faid that II tno
| accused thought himself aggricyed by tho
| statement Of General Miles he had posi-s
| tive and sure remedy, he had a rigns 10
demand q court OF investigation, ana ne
! had also uLdoubied resort 10 the civil
and criminal law. But he saw ut TO ignore
I MI these remedies and to take the matter
| into HE own hands. He had prepared.
I with dcliberation, a statement Whicn lie
| had read before the war commission
which WAS grossly insulting and an I'M
doubted infraction OF the army resuih
| tons as charged.
on the question OF immunity the judge
advocate stated that in all courts TIE Ian
i gi,age In order 10 be privileged. must he
! ertinent To the issio. II could not lie
! slrnderous or in violation OF military 'tF-
nlatlons. This was the universal rule.
had been created by order OF the president
| was an informal tribunal, necessarily 20
! by reason OF the great scope given 10 It's
| Investigation and IL was not such trl-
! bunal as could punish for contempt; It,,
| therefore. might or might not receive
any statement which might be presented.
| In this case II had rejected the statement
OF General Eagan. declining 10 receive a
paper Of the character published By the
| accused. 49,
| He referred to General Miles, statement
regarding bad beef, aud said that the CONF
! mapding officers OF fourteen regiments
had declared the beef furnished 10 he unit
for food @
Whatever the. facts. the Testimony could
| not be ignored. Although General Eagan
had been criticised, so. he said had many
other high officers In the army The heads
| OF bureaus, the ndmirals Of the nayy--all
| had been more or less severely criticised.
but they had continued TO do their duty
as mon and officers.
Judge Advocate Davis spoke only about
| thirty minutes. and as he concluded ~
| 80 O'Clock General Merritt declared the
| case cIoacd and ordered the room 10 be va
| Gated by all except the members OF The
court. The court was IN executive session
| Tor h little over an hour, and In hat brief
/ space OF time reached lts conclusion. OF
| the nature OF the verdict or findings moth
| ing Is known positively outside tho mem
| bers Of the court. who arc all under oath
| to keep the proceedings secret This se-
crecy Is maintained for all time by tho
\ court, but there Is nothing 10 prevent 4
reyiswIng officer from making the matter
public. although Il Is also the custom for
| them 10 refrain until the last chapter has
been written and the conclusion Of The
court II ready TO be officially promul-
| Gated a+