The age-herald., 1899-01-28
DRAMATIC SCENE AT TRIAL AccuSed's Daughter Told of Her Fathers Mental Condition. PLEA OF TEMPORARY INSANITY Eagan Was Not Responsible for His
 Words or Actions.
THE DEFENSE RESTED ITS CASE
Submitted That the Miles Allegations Had Caused the Commissary Gen. eral to Lose His Mind for
 the Time Being.

Washington, January 27.-The case of Commissary- General Charles P. Eagan, charged with conduct unbecoming an officer and a gentleman and with conduct tending to the prejudice of good order and military discipline, is now in the hands of the court martial appointed to try him. Today the taking of testimony was closed and argu- ments of counsel submitted.
 A session behind closed doors for an hour or so sufficed for the court to reach con- clusion and embody it in a report. What the verdict was is altogether a matter of speculation and, officially, at least, will not be made public by the trial board military regulations requiring that it's finding shall go though prescribed channels and be kept secret until action be had and promulgated by the proper reviewing authorities.
 The testimony at the closing of the ses- sion of the court was directed largely to es- tablshing the fact that the general had lost his mental balance as result of the charges made against him by General Miles.
 Eagans Changed Condition
 His daughter and her husband told of the generals changed condition and intimated that they had great fears that he might at
 
 lifelong friend, stated that at that time te believed him actually insane. The facts in this connection were brought out strong ly by MT. Worthington in his efforts to show that General Eagan at times was wholly Irresponsible
 dramatic incident of the trial today was the testimony of the generals daugh- ter, in which she described her fathers ap pearance on the day he first read General Miles statement. Standing in the door of his house with the newspaper containing the evidence in hls hand, he exclaimed wildly: 'I have been crucified by General Miles," The first witness before the Eagan court martial today was David R. Mckee of this city, for many years the agent Of the Asso- ciated Press. He had known General Ea- gan for about forty-five years. They were intimate friends as boys and young men, and the friendship had never been inter- rupted, although they at times had not seen each other for long periods.
 Appeared Preoccupied
 During the period between the time Gen. eral Miles gave his testimony before the war Investigating commission and the day on which General Eagan made his state ment, the witness saw him to or three times. Then he seemed care-Worn and much preoccupied.
 MT Mckee said that the impression Gen. eral Eagan then made upon him was that he had become insane. Witness always had found him very correct in his bearing and speech and on these occasions his manner was so different that he was greatly shocked and alarmed and the conclusion witness reached was that General Eagan had lost his mind. On one of these occa- sions he expressed to General Eagan his profound regret that he had given utterance to the language used in his statement and reproved him mildly for not consulting him about the matter.
 Friendship With Miles
 The general had explained that he had not felt at liberty to consult witness because he knew of the long existing friendship be- tween the family of the witness and the family of General Miles, particularly be- tween Mrs. Mckee and Mrs. Miles, and said he (Eagan) did not feel at liberty to bring witness into the controversy.
 Major S.. c. Miles, the recorder of the war Investigating commission, was recalled, and in answer to inquiries said that so far as he knew the order of the president grant ing immunity to witnesses before that body had not been reduced to writing. At this point the judge advocate read the pres- dents address the assembling of the war Investigating commission, which, how ever, was unsigned, and the witness was asked whether any other instructions had been given. He replied that there had not.
 Protection Promised Witnesses
 The witness was present at the meeting between the president and members of the war Investigating commission. The witness said: "The matter of immunity for wit nesses came up. I think 1t was called up by MT. Dodge and the president said that the witnesses who should appear before the commission could do so without any fear of punishment or persecution"
 MT. Russell A. Alger. the secretary of war, was next called to the witness stand. He said that he recalled conversation he had with General Eagan shortly after Gen. eral Miles had given his testimony. Gen. eral Eaean came into his office in an ex- cited state of mind, and said it was his wish to prefer charges against General Miles for whht he had said. T told him, '' testified Secretary Alger, that under the