The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-26

Inc newspapers tuSH t0OfN II up Anu
goaded General Eagan almost to des-
peration. He had come to believe that
the press and the country at large had
accepted the accusations made by GEN
eral Miles as true, and the condition of
his mind, in consequence, grew worse
and worse, until he was in state bor-
dering on distraction. The language
which General Eagan used under these
circumst ances was the natural outburst
of an honest man suffering under an
unjust accusation.
At 1925 O'Clock word came from the
White House that the President would
receive the members of the court. be-
tween IL and II o'cloclp Thereupon
General Merritt announced that the
court would take a recess for the pur-
pose of paying it's respects to the Pres
ident
On reassembling at 11:5O time was
given a. photographer in which to take
a picture of the court, and then Major
S. S. Mills was called to testify on be-
half of the Government. He said he
was the Recorder of the War Investi-
cation Commission, and was present
and heard General Eagan's testimony
before the commission.
The manner of General Eagan in CIV
ing his testimony, he said, was that of
a. man laboring under great excitement
but trying to control his excitement.
Witness had charge of the typewriter
testimony given by General Eagan.
and had delivered the same to Cen
eral Dodge at his hotel. Subsequently
the witness had returned the paper to
General Eagan with a letter from the
commission declining to receive it in It's
present condition.
He recalled some of the words used
by General Eagan in his testimony,
which agreed substantially with the
phraseology used in the specifications.
The witness was shown a copy of
the specifications, and identified The
language there quoted as having been
used by General Eagan.
Judge Worthington interrupted to say
that General Eagan did not deny the
language quoted, and had not the orig
inal statement been destroyed after the
Objectionable words had been expunged
he would willingly produce it here.
Major General McCook (retired),
member of the War Investigation Com
mission, was the next witness. He was
present, and he heard a part of General
Eagan's testimony before the commits
sion. THE impression I had he said,
was that General Eagan must have
been laboring under great nervous ex-
element" He recalled some of the
language used, and it agreed substan-
TALLY with the testimony as published.
He was shown a copy of the specifica-
~ ~f 1rS Inn
guage as having been used by General
Eagan.
The words 81 want to force the lie
back into his throat, covered with the
contents of a camp latrine,' General
McCook did not hear. He had his own
views as to such language as he had
first heard, and he had turned away.
and did not hear this sentence.
The witness recalled a remark made
by the President in regard to the i'm
mundty of witnesses. The President
had said in substance that any person
who should come before the commission
to give evidence should receive imnu-
nifty from the action of any higher au-
thority. 1t was the understanding of
the commission that this immunity ex-
tended only to legitimate testimony that
could be received by any tribunal. No
written statement or order as to the i'm
munity of witnesses, so far as he knew.
had ever been made.
General Miles had appeared before
the commission some days before Gen
eral Eagan was heard. He had OBJ
jected to being sworn, and his state
ment had been received without his
taking the oath. General Miles was
the only witness, so far as he recalled,
who had objected to taking the oath.
although one witness in New York had
refused 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 oath.
The Judge Advocate then read at
some length General Miles testimony
before the War Investigation Commits
sion which called forth the objection
able language in General Eagan's
statement.
At the conclusion of the reading of
General Miles statement Judge Worth
ington read at length from General Ea-
gan's revised testimony before the War
Investigation Commission.
At 2 O'Clock the court adjourned until
10 O'Clock tomorrow morning.