Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-26
NOT GUILTY.
General fagan Nov on Trial
by Courtmartia'.
Counsel Claims Protection Under the
Promise Of President Mckinley
OF immunity for Az Who Should Testify estess
investigating Commission.


washington Jan. 2o.-Ihe BOARD OF
army oH3cers designated Dy uhe Secre-
tary OF war TO SIT as a court martial
IN the case OF Brlgadier GeneraI
Charles +. EaSan, commissary general
OF subsistence, charged with conouct
unbecomlng an oincer ana gentleman.
ana VITA conduct 10 the preluuice OIL
good order and military discipline. In
connection with MS testimony DeIore
the war investigating commission met
in the parlcr CT pae Epoitt mousse al I'D
o'clock this morning, ana almost I'M
mediately proceeded to the business IN
hand.
The court consisted OF Major Generai
Wesley Merritt, U. .. A; MAJOR Gen.
eral James r. wade, U. >. "; MAJOR
General NJ. c. Butler. U. ;. "; Major
General 5. t.. NJ. Young. U. ;. w.; brl-
gadier General Royal 7. Frank, U. 3.
"; Brigadier General George NJ. KAN
dali, U. S. "; BriSadier General jacob
Kline. U. s. ": Brigadier General
Richard Comba. U. S. "; Col. Peter c.
Names, corps of engineers; Col.
George l.. Gillespie. corps OF engineers;
vi. SHoi ASss ~ SueSi' SoAPo VI SAei"
neers; Col. Francis l.. Guenthen, 4th
Artillery; Lieut. Col. George b. Davis.
deputy judge advocate general judge
advocate OF the court.
The members of the court, who ap-
peared in full dress uniform. were seat
ed about long table placed lengtnwise
Of the room, General Merritt. the presi-
dent OF the court, occupying the seat at
the head.
At just 10 O'Clock, Col. Davis called
the roll of the court. all of the members
responding to their names. AS he con-
cluded, Gen. Eagan appeared with his
counsel. Mr.. A. 5. Worthington. FORM
erly United States district attorney for
the District of Columbia. and took
seats near the judge advocate at the
foot Of the table. Gen. pagan also wore
the dress uniform OF his rank.
Almost immediately. Col. Davis arose
and introduced General. EaSan and his
counsel, and then proceeded TO read the
order convening the court. Inc judge
advocate, %nen-this was concluoeQ.
turned to General Pagan and inquired
Whetner ne objected 10 any OF the
members of the court as designated by
the order. General Eagan replied, Il
40 not. Inc members OF the court
then arose and took the usual oatn.
which was administered oy Col. DAVIS
me charges ana specincations were
tneh READ.
Durins these pfeiimlheary proceed-
ings Eenefai Eagan exhapiteo no Signs
OF nervousness. out lhe expression OF
his face ana ms manner clearly lndi-
cated that ne reailzeu that the trlal ln-
vowed consequences 10 MN Oh ahc
glaVest character. While ne stood
listening TO the charges ana specinca-
tlohs ms race seemed somewhat paier
than usual.
Al the conclusion OF the readlng, on
being requested to plead to the speci-
fications to the first charge, he said:
Not guilty; not denying that the
specification set forth correctly part
of the language used"
To the first charge he pleaded mot
guilty"
To the specification to the second
charge, he pleaded mot guilty; not
denying. however. that the specifica-
ton set forth correctly a part Of the
language used"
To the second charge he pleaded mot
guilty"
The Judge-advOcate then arose and
said that the case in hand was a PEE
culiar one, but presented no unusual
difficulties. The accused had seen fit
TO add to his plea of not guilty some
words tending to qualify it. but he did
not think the plea relieved the court
from the necessity of proving the facts
alleged.
Judge Worthington responded brief
ly and explained why the qualifying
words had been used upon his recon-
mendation. The specifications did thu
accused great injustice in that it Sc
lected particular expressions without
giving the context in one or more In
stances the specifications quoted be.
ginning in the middle of a sentence.
Continuing. Mr.. Worthington said
that he desired to state briefly to the
court the substance OF General Eagans
defence. Whatever the court may
'rlhh Oh me PROPHECY Oh .ne lansu ase