The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-01-26
COURT MARTIAL Of EAGAh.
HIS COUNSEL OUTLINES THE DE-
TENSE To BE Pleaded.
The Accused Commfssary General
VIII Inafst That His Testimony
Was Privileged and He Could Not
be Called to Account for IL Mt All.

WASHINGTON. Jan. .5.-TgAe board %
army oiEeSrs 70 sat as = cotzFt-fsa.A< TIA. IN
the case Of Cou.nslssary General Eagan
met THIS morning al the Eha.ts house
and proceeded ~ business. TIE court
consisted OF Ma. Gen. Wesley Z. Merritt.
Gen. JAMES 5. Wade, L, ; Y; MAJ. Gen.
~ Young. [. = V: Brig Gen Royal
Frank. L. s V: Brig. Gen. George a.
Randall: (. :. Y: Brig Gee. Jacob
IA. L. 5. Y; Cos Peter q Halnes. Cot
George j. Gillespie. Col Charles e. Rut-
er. cuFsss OF engineers: Col. Francis l..
G,e:lsher. Fourth artillery; Lieut.. George
DAVIS. fQ1se advocate % court
After the usual prelIrainas1es the charges
against Easan werS read by TIE 3adge
advocate. Al the conclusion OF the read
specification 70 the FIRST charge, Re said.
No. guilty. not denying, however, that
the saSeciilcSsti0nS set 1ortE freely were
part OF the language used To the second
charge he Pleaded mot guilty..
The judge advocate then arose and said
iAe case II hand Was a peculiar one, out
presented no unusual difficulties. The ac-
cGSe1 mad seen ut 10 add 10 the plea of
mot guilty some words tending 70 auaI-
ny II, but ne did not think the u.ea Ie-
heVed the court from the necessity of
proving the facts alleged
Judge WorthiBgfon E.agan's counsel re-
spon9ed briefly. ami explained why the
9GaAfslng words had been used. upon MS
selected particular expressions without
giving the context and 81 one or more
instances the Specifications quoted ~ gin
IN tae middle OF "a sentence. Continuing
We arlington said he desired 10 state
briefly 30 the court the substance OF Ea-
CAMS defense. Whatever. ne said, the
court may think of the propriety OF the
language used by Eagan before the war
inytstigs ing commission, there was no
dSsdbt in MS tWorthingIon' mind he Mas
fully protected IL using that language BY
n f.s .sfxrs
or military. he said, could the accused
be he'd accountable for his language,
even II IL could be shown the speaker
was actuated by malice. In addition 20
this the president OF the United States
had instructed the war investigating COM
mission 10 announce pahlciy that wit
neSses before that tribunal would be Civ
en- immunity from the consequences OF
any statement made.
WorthinSton went over the testimony
given before the war Investigation COM
mission by Miles, and said the latter had
minated tia; he wished to bring charges
against Eagan fer his statements, bat met
with refusal from alger. Counsel said
the newspapers then took up the charges
OF Miles and goaded Eagan almost 10 des-
peration. He had come 10 believe the press
and the country at large had accepted the
accusations made by Miles as true. and the
condition Of his mind In consequence grew
worse and worse until he was In a state
bordering on distraction. The language
which Eagan used under these c!reum-
honest man suffering under unjust accusa-
ton.
The court took recess and the members
were received by the president at the
White House
AT 1850 the body reassemhled and Mai.
G Niles testified on behalf OF the govern
ment. He was recorder fer the war in
yestigaung commission. The manner he
said. OF Eagan in giving his testimony be-
fore the commission was that Of A man
lahor3ng under great excitement but try
ing 70 cont~ol himself. Witness Identified
some OF the language in the specifications
az that used by Eagan.
Maj Gen. McCook. retired. was the next
witness. He was present when Eagan was
before the war investigating commission
The impression | had" he said was
that Eagan must be iaboring under great
nervous excitement" He reca led some of
the language used and il agreed stIhstan-
rally with the testimony as published He
was shown copy Of the spec hcationS ard
Identified some of The language as having
been used by Eagan.
At the conclusion OF MeCook's testimony
the Judge advocate read At some length
from Miles testimony before the war IN
yestigating commission. which called for
he Objectionable language in Eagan's
statement
AT the conclusion OF the reading OF Miles
statement. Worthingtoa read at length
from Eagan's revised testimony before tha
war investigating commission. A, 9
o'clock court adjourned TIL tomorrow
morning.