The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-01-18
AGANSCOURTMARTIAL
Fully Decided on by the President
and Cabinet.
DISMISSAL FROM THE SERVICE

Faces the TrRducer 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 a court
martial to try Commissary General
Eagan for the abusive and violent Lam
guage ne had used respecting Major
General Nelson A. Miles, while on the
witness stand before the war investi-
eating commission last Thursday. The
decision, which was reached only yes
terday morning, Notwithstanding re-
ports that a 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 a cabinet official said
he would not be surprised at General
Merritts designation.
Contrary to general expectation, no
o,,,,o,,,oa,,,,,t 81 tho r,orsorneI of the
T1a,ra,, ,,,,,.t martial was made at the
- 1arar+r,ent IN 70 the close of
h,,siross ,,asterdav afternoon Adm
80 SI,,oroI ,,o,t,ir a. the Iast mo
,,,a,,+ q, renI,, to ouestion said that
he had nothing whatever to make pub
lie touching the Eagan case. Secre-
tary Alger was absent from the war
t,,It taf,ra Iba ctosa telenboned that
he y,o,,ld NOT return to his Office during
the dev Tbe Fact that Secretary Alger
- ~ 1rt..o,t 81 tha cabinet meet
- - sataoa o, a. orca &c a sign
20 ..a,,I,o T., tt,o -, hi,at and soon tho
,,.,,aI -. ,,f ,7issarsions and an in
tantioo on tbe mart of the war secre-
co., 10 ,aeier, 80 af,oat There was
no foUrdotion for these in fact. and
Secretarv AIger's colleagues promptly
and emnbaticaIIv denied them as soon
&c tbair attention was drawn to them.
In tho absence Of the announcement
~ The details of the court martial there
was a good deal of sneculation as to its
comnositfon General practice is for
majority of the court to consist of the
neers or sunariors in ranl, of the de-
fnnnQnt
of selecting a court a hard one. be-
cause If Is not EASY 70 find a sufficient
number of general officers ranking with
a brigadier general to make IN a de-
sirabie ouota Rut latitude is permit
ted the amounting authority in such
selections as the ninth article of war
reads. "No officer shall. when 1t can
he avoided he tried by officers inferior
iu ranl," It will he noticed that the
nbrase "if II can he avoided" leaves
onnortunitv for the appointment of iu-
! nior officers.
The mention of General Merritt's
name as president of the court was due
TO tbe fact that he is the only available
major general OF the regular army.
the others beine General Brooke in
| cuba and General Miles here. neither
regardad as available The friends of
General Merritt are hoping that he will
NOT he selected fearing that he will
he accused of preiudice by one or per-
hans botb sides
Secretary A1ser last night confirmed
the announcement that a court martial
for tbe trial of Commissarv General