Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-21
QUARTERS ARE SECURED
Preparing for the Coming Trial of General
Eagan.
Col. Davis at the War Departments
completing Arrangements for
the Prosecution.

Quarters have been secured at the Ebbitt
House for the general court-martial ap-
pointed for the trial of Commissary Cen
| eral Eagan, and it is expected that it will
begin its sessions there next Wednesday
morning at 10 o'clock in accordance with
the order convening the court The oues-
ton as to whether the sessions of the court
snail be public or secret lies entirely with
the court itself. The almost universal rule
IN such cases is for open sessions, and 1t
Is confidently expected that there will be
no exception made in the Eagan court
martial. Proceeding on the assumption
that the sessions will be held with omen
doors, the officers of the War Department
are making arrangements for the attend
ance and accommodation of representa-
tives of the press at the hearing A long
table and chairs will be provided for
limited number of newspaper men, suffi-
cient, however, to keep the public fully in
formed of the proceedings of the military
tribunal.
Col Davis at the War Department
Colonel George b. Davis. deputy Judge
advocate general, who is the judge advocate
of the court, was at the War Department to-
day completing arrangements for the prose-
cution of the charges and specifications pre-
pared by Judge Advocate General Lieber
and approved by President Mckinley and
Secretary Alger. He had conferences with
the judge advocate general and other Off
GERS Of the department connected with the
case, including the Secretary of War and
the adjutant general. A certified copy of
the charges and specifications has been fur
nished Conmissary General Eagan, in order
that he may have ample time for the
preparation of his defense
1t Is understood at the War Department
that Mr.. Worthington of the District bar
formerly United States attorney for the
District of Columbia, has been retained by
General Eagan his legal representative
before the court-martial
Such action may be taken to indicate his
purpose of making vigorous legal defense
to the charges which have been preferred
against him of conduct unbecoming an Off
Ger and gentleman and of conduct to the
prejudice eff good order and military discip-
me- or IL may simply mean his purpose of
assuring his full protection in all his legal
rights in the premises even under the
theory that he may admit the use of the
language set out in the specifications and
merely confine his defense to showing thar
charges Gen. Eagan declines to discuss his
PROBABLE course of action before the court
and consequently what may be done is
merely matter of speculation.
Col. James +. Weston who has heep des
lgnated to act as commissary general of
subsistence pending the result of the pro-
ceedlngs against Gen. Eagan. has acknowl-
edged the receipt of the orders of the de-
partment and announced that he will re-
port for duty and take charge of the office
Monday morning.
According to one authority General
Eagan will plead guilty to the specifications
under the charge brought against him. and
Will practically throw himself on the mercy
OF the court by pleading i'm extenuation
ha ".
Ia!ly eXclted by statements made against
his administration by General Miles as 10
be scarcely responsible for the language
used by him in reply
scope of the Proceedings
1t will be for the court alone to deter
mine the scope and extent of the proceed
ings. The general impression in military
circles is that the court will confine itself
to an examination of the conduct of Cen
eral Eagan before the war investigating
commission and make no effort to pass
upon the questions of veracity between
General Miles and General Eagan as to
the character of the beef supplied to the
army.
In that view of the case it is not at all
likely that Gen. Miles will be summoned to
appear as witness in the case inasmuch
as he has no personal knowledge of what
occurred before the war investigating COM
mission when Gen. Eagan was on the stand.
OF course, ii thescourt determines to hear
testimony in justification of Gen. Eagan's
statements to the effect that he had been
maliciously misrepresented by Gen Miles
1t would then become necessary TO summon
the latter before the court.
Understanding Among Army Officers.
AS understood by army officers generally.
the charges against Gen. Eagan relate sim
ply to the abusive and vituperative char
acter of the language employed by him
against Gen. Miles. and do not in any re-
spect relate to the general issue between the
two officers in regard to the beef supplies.
In other words, the court is not likely to
undertake to decide between those two Of
ficers as to the facts in the case nor to
question Gen. Eagan's statements before
the commission, except in so far as the lat
ter may be found to have transgressed the
bounds of decorum and propriety.
In the event that the court shall find Gen.
Eagan guilty of the charges and sentence
him TO dismissal from the service, il Will
be within the power of the President TO mit-
igate the sentence to suspension or a simple
reprimand