Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-14

.EAGAN CALLED down,
Investigating Commission Decline
to Receive His Testimony,
MUST REVISE ITS LANGUAGE,
Vitunp9atjye Words Should Not haYd
YituperatiYe Words Should Not HaYt
Been Used.
TnN OUTCOME OF HIS ABUSE
Various Views About It-Miies Hss
Little to Say and Keeps Ms Ten"
per-Omciai Notice May ne TakeD-s
Roosevelt Says Heat wns Rad.

WASHINGTON, January 13.-The war
Investigating Commission to-day tooh
prompt action on the sensational testt>
mony submitted TO It yesterday by Com
missary- General Eagan. and sent he
statement Incorporating his testimony
back TO him with the privilege or resub-
hitting II he chooses TO revise its iaA-
gueee. Further than this tina comEie-
sion determined It could not and should
not proceed.
The commission regrets that oensrai
Eagan proceeded as far as he did. ana IL
Is explained to-day that the vituperativs
nature of the testimony was a compls,s
| surprise to the commission. and that bus
| for the rapidity with which General Ea-
| gan read his long statement and the alb
| sorbing vehemence of its delivery ne
would have been checked at the time.
REJECTION OF THE TESTIMONY
The matter was taken up In executivs
| session by the commission yesterday im-
medately General Eagsn had closed. and
| Ex-Governor Woodbury. OF VermonN M
troduced a motion substantially Ike that
made public to-day, and the rejection
Of the testimony as IL stands was unani-
| mousiy voted at the executive session
| preceding to-day's session.
AT the time of the creation Of the conl-
| mission, the President, In instructlns tns
| commission verbally. assured the mem-
| hers that all witnesses would be Immune
| from punishment for what they might say
| before that body. but members or the
| commission say It never was intended 10
| indulge such language as that siven ut
| terance to yesterday.
THE LETTER TO EAGAN.
The following Is the commissions letter
10 General Eagan:
washington. January 13, B@.-Briga-
dier-General c. p. Eagan. C0mmssary-
General, War Department: sir.-We re-
| spectfuIly inform you that after your
testimony was read yesterday the follow
ing resolution was unanimously passed:
" Moved, That tho commission receive
General Eagan's testimony without COM
ment: that it be not printed at once. but
held for the consideration or the whoIe
commission. Carried
"Having now considered the questions
involved we have determined that in
: many instances the vitUperatiye language
used by you was not such as ought TO
have been addressed as witness on TINS
board. We think that the personal at
tacks and irrelevant statements contain
ed In the papers submitted should DO
. eliminated, and before receiving II as tes-
timony we request That you VIII re'iso
its language, and, II you choose, resuD-
NIT 1t for our consideration. We here
with return your papers.
: "Very respectfully
(SigneO CHARLES DENLY.
ice-President."
OFFICIAL, NOTICE TO BE TAKEN.
There was no abatement in the interest
exhibited here to-day in all the incidents
connected with the occurrence OF yes
terday. AS might be expected, a matter
of this official consequence was sure 10
attract the attention OF the President.
and a greater part OF the session OF tne
Cabinet to-day was given 70 It's consld-
Grafton It is almost certain that official
cognizance will be taken OF the matter
very soon.
General Eagan gave no sign to-day or
any intention on his part 10 avail himself
OF the offer made by the board. HIS
! friends did not hesitate TO state That no
> would expunge the Objectionable Ian
guage but he would say nothing Tor
himself. and any intimation on that score
must be obtained from the board itself.
THE POSSIBLE OUTCOME.
The War Department officials are not
yet clear as To what would be the enect
of a withdrawal or modification OF the
. statement. one element holds that, OIL
: cially. the record falling 10 show that
y any Objectionable language had betn used,
, there would be no legal offence. Another
takes the view that while the amendment
:, OF the statements would mitigate Gene
. raj Eagans Offence. 1t would not wipe II
= out. Another aspect OF the case Is the
y bringing forward Of the plea OF exemp'
ton which was guaranteed I'm the name
OF the President 10 all Of the witnesses
before the board from the consequences
i Of what they might say. but again th'
r. officials were divided, and this was als'
,d true of the members Of the Cabinet as e
II whether the exemption could be claimed
p I'm this particular case.
TESTIMONY OR PERSONAL ABUSE.
Meanwhile General Miles Is apparently
waiting for the War Department 10 act
taking the position that II Is incumben
upOn II and the war Commission TO pro
- tect the army from such attacks. Genera
;. | Miles. when asked to-day what orieia
OF action. If any. would be taken regarding
at General Eagans attack replied that NJ
| had not made any statement on the SUD
iect. and did not intend TO forecast tn
proceedings OF the War Department.
When II was suggested that the Wa
n ] Department was eStOppcu rum any pto
caedings against General Eagan on I'M
ground Of protection promised by tn
:" President 10 all witnesses IN their testi
=. mony before the War Investigating Com
ng mission. General Miles said there msn
h. be some question az 10 the dividing lin
I'M between testimony and personal abuse
In. thar. i'm his opinion, any court OF justice
n or for that matter police court. wous
have stopped a witness who had used be
~ fore II such language as was USED neios
oh the War Commission yesterday.
X. MILES TESTIFIED UNWILIINGLY.
IN. General Miles said II did not want
'ut | appear before the War Commission. IN u
nrst place. when they wrote me sugges
er ing that voluntarily appear before thei
replied that | believed II TO be Tor u
best interests OF the service for me n
10 volunteer any testimony. when vi
ge | ordered before the commission ana tn
not | asked me concerning certain facts that
at then had in my possession, | was oohge
as a matter OF honesty, 20 answer me
and produced official complaints TO =
. as INV best reply. Even then l did n
tell them all the facts which had d
covered by my own investigation. III
,ge inquiry was carried on quietly throu
not the proper branches OF the War Depai
at ment. and was begun as matter or du
by the commanding general after the
celpt OF an Immense number OF col
l plants. That investigation Is stiil bel
prosecuted. and still think, as said
fore that II would have been much bet