The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-01-18
EAGANSCOURTMARTIAL
Fully Decided on by the President
and Cabinet.
DISMISSAL FROM THE SERVICE

Faces the Traducer Of the General of
the Army The Personnel Of the
Court Has Not Yet Been Decided
Upon.
Washington, Jan. 1S.-The president
yesterday announced to the cabinet
that he had decided to order court
martial to try Commissary General
Eagan for the abusive and violent Ian
guage he had used respecting Major
General Nelson A. Miles. while on the
witness stand before the war fnvesti-
eating commission last Thursday. The
decision, which was reached only yes
terday morning, Notwithstanding re-
ports that court martial had been
decided on on Monday, met the unani-
nous approval of the members of the
cabinet. The personnel of the court
was not taken up, that phase of the
action being held to be not cabinet
matter, but one that rested between
the president and the secretary of war.
General Wesley r. Merritt has been
mentioned as likely to preside over
the court, and cabinet official said
he would not be surprised at General
Merritt's designation.
Contrary to general expectation, no
announcement Of the personnel of the
Eagan court martial was made at the
war department up to the close of
business yesterday afternoon. Adju-
tant General Corbin, at the last mo-
ment, in reply to question, said that
he had nothing whatever to make pub
lie touching the Eagan case. Secre-
tary Alger, was absent from the war
department all Of the afternoon, and
just before the close telephoned that
he would not return to his Office during
the day. The fact that Secretary Alger
was not present at the cabinet meet
ing was seized on at once as sign
of trouble in the cabinet, and soon the
usual rumor of dissensions and an in
tention on the part of the war secre-
tary to resign were afioat. There was
no foundation for these in fact. and
Secretary Alger's colleagues promptly
and emphatically denied them as soon
as their attention was drawn to them.
In the absence of the announcement
Of the details Of the court martial there
was good deal of speculation as to its
composition. General practice Is for
majority of the court to consist of the
peers or superiors in rank of the de-
fendant. This would make the task
of selecting a court hard one, be-
cause 1t Is not easy to find sufficient
number of general officers ranking with
a brigadier general to make up a de-
sirable quota. But latitude is permit
ted the appointing authority in such
selections. as the ninth article Of war
reads: mo officer shall, when it can
be avoided, be tried by officers inferior
in rank" 1t will be noticed that the
phrase .,if it can be avoided" leaves
opportunity for the appointment Of ju-
nior officers.
The mention Of General Merritt's
name as president Of the court was due
to the fact that he is the only available
major general of the regular army.
the others being General Brooke, in
Cuba and General Miles here, neither
regarded as available. The friends Of
General Merritt are hoping that he will
not be selected. fearing that he will
be accused of prejudice by one or per-
haps both sides.
DeCTetdfy AlbeT idSl IlSHl CoHIlkLutu
the announcement that court martial
for the trial of Commissary General
Eagan would be ordered. He made
this statement as he was leaving the
White House with Adjutant General
Corbin after a conference Of half an
hour with the president. As\to the
charges to be preferred against the
commissary general the secretary de-
clined to say anything, nor would he
talk respecting the personnel of the
court. adding that this would be an
rai:nced tonight. General Eagan has
not yet been relieved Of his duties in
anticipation of his prospective trial.
but it Is understood that the order for
his arrest preparatory to trial will Of
itself carry with it his relief from
official duties.
The penalty for the offense with
which General Eagan probably will be
tried. conduct unbecoming an officer
and a gentleman. is one of the most
severe known in the army, being dis.
missal. II the court shall find Gen.
eral Eagan guilty, even with extenu-
ating circumstances, they must attach
this sentence. and then the only hope
for the officer would be In the exercise
Of clemcncy by the president, based
perhaps upon the courts recommenda-
tion.