Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-18

sromulgating the order for the convening
of the court.
Gen. Eagan was on duty at the depart
ment today. in uniform, as usual
To all inquiries from newspaper men he
responded briefly but politely that he had
nothing to say on the subject one way or
the other. His friends say for him, how
ever, that he is prepared to meet any ac-
cusatiOn that may be made against him
and that he will make no effort to escape
the full responsibilities of his actions.
None Of the officials will discuss the case
today. Secretary Alger, General Miles
General Eagan and Acting Adjutant Cen
eral Schwan were especially reticent when
approached on the subject.
Gen. Eagan had conferences during the
forenoon with both the Secretary and Gen
Schwan. but with what result was not de-
yeloped up to ; O'Clock this afternoon.
There is no doubt, however, that he was
notified, perhaps only informally however
that the President had directed his trial
by court-martial and also that he inform
ed the Secretary of his entire readin 4ss to
answer any charges that may be brought
against him.
Gen. Eagan's Arrest.
In view of the statement that the facts
in the case are to be given out officially
this evening. there is no doubt that Cen
Eagan will be suspended from duty and
placed under technical arrest late this
afternoon or early tomorrow morning
1t seems TO be accepted that he will be
formally relieved of charge of the commits
sary department tomorrow pending the re-
suit of the proceedings of the court-mar-
tial.
Either Col. Davis or Col. Alexander who
are the senior officers present and who have
been Gen Eagan's chief assistants, will
probably be assigned 10 temporary duty in
charge OF the admins traIion of the affairs
Iona 1Tfr lar1- mt
manent arrangements are made
The order for General Eagans arrest may
be served on him by officer of the army
some time during this afternoon or to-
morrow. This will enable him to make
formal application for the privilege of GO
ing beyond the limits in which ordinarily
he would be confined, and permit him TO
come TO the department to go to any
other place TO which he may find 1t neces-
sary.
Composition of the Court
In the absence of the announcement of
the detail for the court-martial there was
d good deal Of speculation as TO its COM
pc sition. General practice is for a majority
OF the court to consist of the peers or
superiors in rank of the defendant This
makes the task of selecting court a hard
one, because 1t is not easy to find a sufti-
cient number of general officers ranking
with a brigadier general to make ND a de-
sirable quota. But latitude is permitted
the appointing authority in such selections
as the ninth article of war reads
No officer shall, when it can be avoided,
be tried by Offices inferior in rank
1t VIII be noticed that the phrase "if it
can be avoided" leaves opportunity for the
appointment of junior officers. The men
ton OF General Merritt's name as president
OF the court is due to the fact that he is
the only available major general of the
regular army, the others being General
IN hn nd
neither regarded as available. The penalty
for the offense with which General Eagan
Will be tried, conduct unbecomins an otti-
Ger and a gentleman, IS one of the most
severe known in the army. being dismissal
Article 81 reads as follows:
ANY of1cer who is convicted Of conduct
uhotcomlnS an 0flcer and gentleman
shall be dismissed from the service
II the court shall find Gen. Eagan guilty,
even with extenuating circumstances they
must attach this sentence and then the
only hope TO- the officer would be in the
exercise of ciemency by the President
based perhaps upon the courts recommen-
dation.
According tc the best information obtain
able at this writing the detail for the court
martial is follows:
Maj. Gen. Wesley Merritt commanding
the department Of the east, at New York.
Maj. Gen. J. +. Wade, president of the
Cuban evacuation commission.
Maj. Gen. S NJ B. Young in command
of the troops at Augusta, Ga.
BriS- Gen. \. c. NJ. Pennington COM
mandlng the troops al Atlanta, Ga.
Brig Gen. r. T. Frank, commanding the
troops at Admission, Ala.
Brig. Gen Richard Comba, commanding
the troops az Huntsville. Ala
Brig Gems. II. Nj. Robert and George I,
tiiilespie, Corps of Engineers, stationed at
New York city, y. Y.
Col r l.. Guenther, in command of the
troops at the Washington barracks, District
of Columbia.
Col C. R Suter. Corps of Engineers, sta
TONED at Boston.
Col. William Sinclair. commanding the 1,h
ARTILLERY az New York city, y. V, who is
now in this city.
Col a. I. Smith. commanding the 18th In
fantTy at Fort Porter, New York.
Col Jacob Kline. commanding the Dist
Infantry, with headquarters at Piattsburg
n. Y.
Col. John W. Clous. assistant judge ad-
voeatc general. Judge advocate of the court
The detail of the court as given above
was prepared at the War Department yes
terday afternoon and submitted to the
President 1t has not yet been finally APP
proved, and is, therefore, subject to re-