The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-26
EACAN'S TRIALBECUN
ORDER CONVEYING COURT-MARTIAL
AND THE CHARGES READ,
And the General. Asked whether He
Objected to Amy OF His Judges, to
Which He Replied No.
ALSO PLEADED NOT GUILTY
OUTLINE OF DEFENSE PRESENTED
BY JUDGE WORTHINGTON.
Testimony Given by the Clerk of the
War Investigating Commission
and Major General McCOOk.

WASHINGTON, Jan 25-The board Ct
army officers designated by the secretary
of war to sit as a court-nartial in the case
of Brig. Gen. Charles p. Eagan, commissary
general of subsistence, charged with con-
quot unbecoming an officer and a gentleman
and conduct to the prejudice of good order
and military discipline in connection with
his testimony before the war investigating
commission, met in the red parlor of the
Ebbitt House at 10 O'Clock this morning
and almost Immediately proceeded to the
business in hand. The court consisted of
Mai Gen Wesley Merritt, of the United
States army; Maj. Gen. james F.. Wade
United States volunteers; Maj. Gen. NJ. G.
Butler United States volunteers; Maj. Gen.
b NJ Young, United States volunteers;
Brig. Gen. Royal T. Frank, United States
volunteers; Brig. Gen. George NJ. Randall,
United States volunteers; Brig. Gen. Jacob
Kline, United States volunteers; Brig. Gen.
Richard Comba, United States volunteers;
Col. Peter G. Haines, Corps of Engineers;
Col. George L. Gillespie. Corps of Engineers;
Col. Charles S. Suffer- Corps of Engineers;
Col. Francis L. Gunther, Fourth Artillery;
Lieut.. Col George B. Davis, deputy judge
advocate, judge advocate of the army. The
members of thu court, who appeared in full
0IESS uliIOIU, were SSdlSQ GDOuI q long
table placed lengthwise of the room, Cen
eral Merritt the president of the court.
occupying the seat at the head.
At just 10 o'clock Colonel Davis called
the roll of the court, all of the members
responding to their names. As he concluded
General Eagan appeared with his counsel,
A. 8. Worthington formerly United States
district attorney for the District of Column
bia, and took seats near the judge advo-
cate, at the foot of the table General Ea-
gan also wore the dress uniform of his
rank. Almost Immediately Colonel Davis
arose and introduced General Eagan and
his counsel and then proceeded to read the
order converting the court. The judge adj
Nocate, when this was concluded, turned to
General Eagan and inquired whether he OBJ
Jected to any of the members of the court
as designated by the order General E,agan
replied: Il do not" The members of the
court then arose and took the usual oath,
which was administered by Colonel Davis.
The charges and specifications were then
read. lIhey were printed in full in Tues
days issue of the Journal General Eagan
pleaded not guilty
The judge advocate then arose and said
that the case in hand was peculiar one,
but presented no unusual difficulties The
accused had seen fit TO add TO his plea of
Il, but he did not think the plea relieved
the court from the necessity of proving the
facts alleged.
EAGAN'S DEFENSE.
1uh6d WI ttiiilSlou Responded DrieTly ana
explained why the qualifying words had
been used upon mis- recommendation. The
specifications did the accused a great inius-
tice in that they selected particular ex-
pressions without giving the context, and
in one or more instances the specifications
quoted begin in the middle of a sentence.
Continuing, Mr.. Worthington said that he
desired to state briefly to the court the
substance of General Eagan's defense.
Whatever said he. the court may think of
the propriety of the language used by Cen
eral Eagan before the war Investigating
commission, there was no doubt in his
(Worthington's) mind that he was fully pro-
tected in using that language by the laws
of the land In no court. civil or military
he said, could the accused be held account
able for his language, even If it could be
shown that the speaker actua ted by
malice. In addition to this the President of
the United States had instructed the war
investigating commission 10 announce pub
ucly that witnesses before that tribunal
would be given immunity for whatever they
might testify 10. This was a solemn prom
Use, given by the President of the United
States, and counsel had no doubt that the
court would ind that General Eagan could
not, under these circumstances be held to
answer tcSa military court-martial- for his