Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-19
The Charges.

The Charges.
Probably the notice will, in addition to the
detail for the court, contain a statement
OF the charges which are to be preferred
against him 1t is the duty of the judge
advocate general to prepare the charges
and he was to day engaged in that work
They are two in number, one charge known
as a drag-net charge, of conduct unbecom-
ing an officer and a gentleman, and the
other, conduct To the prejudice of military
discipline. The specifications will be made
up of extracts from the original statement
read To the war investigating commission
ny General Eagan, these extracts of course
including some OF the most excessive of the
terms applied 10 General Miles While it
may De true tnat legally the original state
HtHt Med by General Edgan and then with
Drawn by him does not exist, il is not felt
tnat any serious difficulty will be expert
enced on that score. The newspaper pub
ACauons may be produced, and If their ac-
c-Tacy Is challenged, the members OF the
war investigating commission would be
Competent witnesses on that point.
ne charges and specifications have been
Gtstled' and are now in the hands of the
President
Gen. Eagan has not yet outlined the
course he Will pursue the nature of his
defense, If he makes any He is at present
engaged in looking for counsel. After
Gen Eagan has conferred with his counsel
he will determine upon his plea.
The Procedure
The procedure before d military court
differs materially from the civil procedure.
and it therefore becomes possible in this
case for Gen. Eagan 10 return a double
plea, even under one charge. For instance,
assuming, that the principal charge is CON
duct Uubecoming an officer and a gentle
man. he may plead not guilty, though to
the specification setting out the use of the
offensive language he may plead guilty
In other words. he may admit having used
the -aEguaSe while denying that by using
u ne VAS guilty OF uugoutiemanly conduct.
II Viii he for the court to settle that point
he composition of the court, as an
IHLAtrd III the Official order, is NOT neceS-
sarity final Somewhat as in the case of
ii-e selection of d jury, the accused has
'Lv I-sHt 10 except 10 any member and
lu-N r3Eht OF challenge Is frequently exer-
clNvd, the usual plea being a prejudice on
tAe part of the challenged member. against
the defendant
General Miles is not openly concerning
I!i.9s-I Il-l.tI. IN me matter if at all He left
Washington today for Philadelphia, expect
lnS TO return tomorrow. He was accotupa-
L.t1 oy Colonel Maus. a member OF his
Order for the Trial
The special order for the trial by court
martial Of Brig. Gen. Charles p Eagan.
eemmiSsary general of subsistence. on ac-
l.
eating commission last Friday, was an
nounced at The War Department last nfabt
follows:
WAR DEPARTMENT,
Washington, January Is 1890
By direction of the President. q general
c.Urt-martIal is appointed to meet in this
city. al lh o'clock am, on Wednesday the
Nth ady Of January lS.,9. or as soon there
eiter as practicable. for the trial of Brig.
Gen Charles L. Eagan. comrnissary zen
eral Of subsistence. United States army
and such other persons as may be brought
before IT. Detail for the court:
MaJ. Gen. Wesley Merritt, United States
Mai. Gen James T. Wade, United States
volunteers.
Maj, Gen. Matthew c. Butler, United
Maj. Gen. Samuel s. NJ Youup- Trnit.5
States volunteers.
Brig Gen. Royal T. Frank United States
volunteers
Brig. Gen. Alexander c. New. Panninp-
ton. United States volunteers
eE bTlE- Cen George NJ. Randall, United
ir.g- Gen. Jacob Kline. United States
volunteers
Brig. Gen. Richard Comba. United States
volunteers.
CO.. Peter c. TIains; corps of engineers.
reers. - e'49'-
Col. Charles R. suter. corps Of engineers.
IoL Francis L. Guenther. 4th Artillery.
Lieut. Col George b Davis deputy indpe
advocate general judge advocate Of the
court. ''0
The court is empowered to proceed with
the business before IL with any number of
members not less than the minimum nre-
Scribed by law
Upon the final adjournment of the court
the members will return TO their proper
stalons- r A ALGEP
Secretary of War
VIII Meet Next "Wednesday.
The court is made I'D of thirteen army
officers, OF whom Major General Wesley