The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26

language. General Miles. he said. had ap-
peared before the commission about three
weeks before General Eagan had made his
statement and on that occasion had MADE
most serious and sweeping charges against
many of his subordinates. and particularly
against him and the commissaTy department
OF the army. He had charged General Ea-
gan with being incompetent and neglectful
OF his duties, ana had inferentially charged
him General Eagan) with issuing poisoned
meat to the soldiers of the army, and had
aVerred that many had died in consequence.
He had also implied that General Eagan
was acting corruptly in the matter. I'm
mediately on reading the testimony given by
General Miles, General Eagan went to the
secretary of war and asked leave to bring
charges against him. General Ager had re-
piled that under the Presidents order of
immunity General Miles could not be held
responsible for his language before the COM
mission. The newspapers then took 1t up
and goaded General Eagan almost to desper-
alton. He had come to believe that the
press and country at large had accepted
the accusations made by General Miles as
true and the condition of his mind in con-
sequence grew worse and worse, until he
was in a state bordering on distraction;
The language which General Eagan used
under these circumstances was the natural
outburst of honest man suffering under
an unjust accusation. In closing Judge
Worthington said that General Eagan could
not be held accountable for his language
before any tribunal in this country, civil
or military, and particularly under the
Presidents order of immunity.
CALLED ON THE PRESIDENT.
At 1850 o'clock the court took a recess for
the purpose of paying it's respects to the
President of the United States.
Reassembling at 1870 o'clock a few min
utes were given a photographer in which
to take picture of the court and then Maj.
S. c. Mills was called to testify on behalf
of the government. He said he was the
recorder of the war investigating commits
sion and was present and heard General
Eagan's testimony before the commission.
The manner of General Eagan IN giving
his testimony, he said, was of a man labor
ing under great excitement but trying to
control his excitement. The witness was
shown a copy of the specifications and
Identified the language quoted and had not
the original statement been destroyed after
the Objectionable words had been expunged,
he would willingly produce it here.
Major General McCoOk, retired. a member
of the war investigating commission. was
the next witness. He was present and heard
a part of General Eagans testimony before
the commission The impression | had.
he said, was that General Eagan must be
laboring under great nervous excitement"
He recalled some of the language used,
and it agreed substantially with the testi-
mCny as published. The words. 81 wish to
force the lie back into his throat covered
eral McCoOk did not hear The witness re-
called remark made by the President in
regard to the immunity of witnesses. The
President had said in substance that any
person who should come before the commits
sion to give evidence should receive inn
munity from the action of any higher au-
thority 1t was the understanding of the
committee that this immunity extended only
TO legitimate testimony that could be re-
ceived by any tribunal. No written state
ment or order to the immunity of wit
nesses, so far as he knew had ever been
made. General Miles had appeared before
the commission some days before General
Eagan was heard. He had objected to
being sworn and his statement had been
received without his taking the oath. Gen
eral Miles, was the only witness, SO far as
he recalled, who objected to taking the oath,
although one witness in New York had re-
fused to swear that he would tell the whole
truth Other witnesses had preferred to
affirm. The commission had no hard and
fast rule in regard to the matter of the
oath.
The judge advocate then read at some
length from General Miles's testimony be-
fore the war investigating commission
which called forth the Objectionable Ian
guage in General Eagans statement At
the conclusion of the reading of General
Mies's statement, Judge Worthington read
at length from General Eagans revised
testimony before the war investigating COM
mission. At 2 O'Clock the court adjourned
until 10 o'clock tomorrow morning