Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-26
PLEADS NOT eulLry.
CONTINUED from page ~

mates, and particularly against General
Eagan and the commissary department
of the army. He had charged General
Eagan with being incompetent ana
neglectful in his duties and had infer
entially charged him, General Eagan
with issuing poisoned meat to the sol
diers of the army and had averred that
many had died In consequence. He
implied that Gen. Eagan was actira
corruptly in the matter.
Immediately upon reading the testi-
mony given by General Miles. General
Eagan went to the secretary of wa,
and asked leave to bring charges
against him. General Alger had re-
piled that under the Presidents order
of immunity. Gen. Miles could not be
held responsible for his language be-
fore the commission. The newspapers
then took 1t UP and goaded Gen Eagan
almost to desperation. He had come
to believe that the press and the coun-
try at large had accepted the accusa-
tions made by Gen. Miles as true, and
the condition of his mind In conse-
auence grew worse and worse until he
was in a state bordering on distraction
The language which Gen. Eagan used
under these circums' ances was the nat
ural outburst OF an honest man suf-
fering under an unjust accusation.
In closing. Judge Worthineton said that
Gen. Eagan could not be held accountable
for his language before any tribunal III
this country. civil or military. and par
ticularly under the Presidents order or
immunity.
AT 1880 o'clock. word came from the
l.. Il a
ceive the members of The court between
II and ~. Thereupon General Merritt ait
nounced that the court would take re-
cess for the purpose OF paying thelr re,
speets to the President of the United
States. In re-assembling at ll.D O'Clock.
a few minutes We're given photographer
in which to take a picture of the cotirt
and then Major e. S. Mills was called 10
He said he was the recorder of he war
investigating commission ana was pres
ent and heard Gen. Eagan's testimony De
for the commission. The manner of Sen.
Eagan in giving mis- testimony. he SAID.
was that of man laboriog under great
excitement. Witness had charge of the
EaSan and had delivered the same 70 Gen.
Dodge at his hotel. Subsequently the
witness had returned the paper to Cen
Eagan with Il letter from the commission
declining To receive IL in its present con-
dition. He recalled some of the WORDS
used by Gen. Easan III his testimony
which agreed substantially with the
phraseoiogy used in the specifications.
The witness was shown copy of the
specifications and identified the language
there quoted as having been used by Gen.
Eagan.
Judge Worthing:on interrupted to say
that Gen. Eagan ala not deny the Ian
guage quoted ana had not the original
statement been destroyed after the Oh
iectionable words had been eXpungcd h.
would willingly produce it here;
Major General McCookr retired. a mcm-
Der of the war investigating commission.
Was the next witness. He was present
ana heard part of Gen. Eagin's testt-
mony before the commission. '"Inc I'M
preston | had he said. was that Gen.
k,agan must be lahoring under great nci-
vnus excitement" He recalled some Of
the language used and it agreed substan-
TALLY with the testimony as published
lie was shown a copy Of the specifications
having been used by Gen. Eagan.
The words Il wish 40 force the lie back
into his throat. covered win me contents
of Il camp latrine.' Gen. Mccook did not
language AZ he had first heard ana he
had turned away and did not hear tins
sentence. The witness recalled a remark
made by the President IN regard to the
immunity of witnesses. The President had
said in substance that any person VINO
should come before the commission II
give evidence should receive immunity
from the action of any higher authority.
II was the understanding of the commls-
sion that this immunity extended only 70
legitimate testimony that could be re-
ceivcd ny any tribunal.
Gen. Miles had appeared before the
commission some days before Gen. EaGan
was heard. He had objected TO beng
sworn and his statement had been re-
ceved without his taking the oath. Gen.
Miles was the only witness, so far as ne
recalled. who had objected to taking the
oath. although one witness in New York
had refused to swear that he would tell
the whole truth. Other witnesses had pre-
ferred to affirm. The commission had no
hard and fast rule in regard to the mat
ter of the oath.
The judge advocate then read at some
length from Gen. Miles testimony before
the war investigating commission. which
called forth the objectionable languag"
in Gen Eagan's statement
At the conclusion of the reading of the
statement, Judge Worthngton read at
length from Gen. Eagan's revised testi-
mony before the war investigating con-
mission.
At o'clock the court adjourned until
10 o'clock tomorrow morning.