Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-27

Gen. Eagan," continued Mr.. Worthing-
ton lis absolutely protected by the law
guarateeing Immunity to witnesses, counsel
and the accused in statements before tri-
bunals. He Is absolutely protected by the
promise of the President.
But We would not be doing our whole
duty if we let the accused rest entirely be-
hind these points Of law"
With this Mr.. Worthngton reviewed the
evidence at some length. He said that TO
convict an officer Of conduct unbeconing an
officer and gentleman 1t must be shown ne
Is unworthy to associate with his fellow Of
Ulcers a9d his fellow men.
This case is without parallel" said Mr..
WOrthington. You can find nothing like
1t in the records of the office of the Judge
advocate general. There is nothing in the
history of the country which approaches
the case before you. | admit that if you
take the language made the subject of the
charges against the accused out Of the set
ting in which they were placed: l admit
that if You take away the great prOvoca-
ton and the condition Of General Eagan s
mind as a result of this provocatiOn, then
You can but find the accused guilty as
charged. But that is impossible. Every
act every breach must have It's surround
ing circumstances. Here we have placed
on record the surrounding circumstances
without contradiction
''Gentlemen, ! say in view of all the facts
l nave cited and mentioned, the most you
can DO is to say Gen. Eagan was guilty of
a breach OF the rules Of proprety that
should have governed him. Gen. Eagan
mas the greatest respect for and confidence
IN the members of this court, and l will
say in advance will bow his head to any
verdict you may decide upon
The Judge Advocates Summing Up.
Mr.. Worthington, upon conclusion. re-
sumed his seat and listened intently TO the
argument of the judge advocate, who fol-
lowed.
in the conduct fof this CASE said the
judge advocate. Ce4. DA&is. II have been
as lenient as possiple With the defense and
have allowed the Introduction of all the
evidence they couid-nuster to show provo
cation or justification without objection.
The immunity of Witnesses, touched
upon by the distngaishssd counsel for the
by law. The comRfssioff appointed by the
President was infdrma BIN character. was
not constituted byo the law and not gov
erned thereby.
The judge advocate spoke "a word for
Cen Mi es," and said H9it were necessary
to prove he wasd warranted in making
some of the statenentSshe did, this proof
was III evidence in reports from fourteen
regimental commanders who were engaged
in service against tfe enemy, all in support
of what Gen. Milesshadsai
Speaking of the circumstances surround
ing Gen. Eagans attack upon Gen. ----es,
the speaker declared:
"Provocation to excuse must be some
thing causing an act to be done suddenly,
at the instant, on the spur OF the moment;
1t is measured in instants; 1t is not ex-
cuse which can act or operate through an
indefinite period of time, as through sew
eral days or weeks, as in this case. Had
the words used by the accused escaped him
on the witness stand In a moment of pas
sion. had they been uttered without pre-
meditation and on the spur of the moment,
1t would not have operated to deprive his
itv P,tffh
circumstances of the case, for the accused
has told You that they were prepared be-
forehand, deliberately throughout, commit
ted to writing with the assistance of a
stenographer, and finally read to the COM
mission from manuscript, and with view
to accomplish definite purpose, which the