Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-01-27
Justification and Extreme
Provocation the Defense.
THAT ORDER ri. s0F IMMUNITY.
Tho Commtssery enersi Relates HIS
Mli,ery career Gives ,ho story
, OF eseuerns sIilca win Great Enr-
ncssness 7alAnnxiety to Appear hos
fore coInn,issfon, Defended His
Honor-Piead. hi. Poverty News
paper Aiiacks, rs


tBy Telegraph to virgianlan-PUot.)
Washington, Jan. 26--The feature Of
the proceedings before the Eagan
court-martia1 to-day was the testimo-
ny, dramatic'in mary parts in Its quiet
intensity of Comnnssary General Ea-
gan himself. Not more than 10 or 20
people outside OF the court and q dozen
or so newspaper correspondents We're
admitted 10 the trial rooms.
Several witnesses preceded the chief
l;figure IN the trial.
T. General Eagan listened intently 10 the
Testimony of these witnesses and oc-
OCCASIONALLY held brief whispered con-
.fercnces with his counsel He was
I7JfressrJt trout
sword, and his liorid face. white hair
land moustache. and solderly bearing
recalled to manly the late General Sher-
idan, 10 whom he bears a distinct re-
sembiancc. His call to the stand this
morning Yves something of a surprise,
h as II had been thought If he testified
at all it would be later.
| $. TILE -GENERAI'S TESTIMONY.
| When his name was called he rose.
rand, standing before the witness chair.
raised his right fand. took the oath
administered by the Judge Advocate
and'a first related his army career. As
| he proceeded III his testimony it be-
came apparent that the line OF defense
would be Justification and extreme pro-
| vocation. finally bringing on a serious
nervous condition which rendered the
witness unfit for business and made
him 10 81 degree irresponsible for his
acts. -
| The Presidents order of Immunity.
.tlt was also made evident, would be re-
liFiiea on as pltca Bile ITO General lca-
mission, and sthatr Therefore the e,urt-
martial had mo proper Jurisdiction of
| the case. v -
GEN. MILES. ASPERsIoNs.
When General Eagan began the story
Of General Miles saspersions on him. he
raised his voice somewhat and spoke
with great earnestness. though with
| perfect enunciation. In speaking of the
criticisms of the newspapers, which he
said had been called forth by General
Miles testimony his manner was in
tensely dramatic and impressive. His
eyes Oiled with tears and his voice
trembled. and the impression he loft
with many was decidedly favorable.
After, the court adjourned several
members shook his hand and TT a
friendly way asked after his health.
NILES TESTIMONY SUBMITTED.
When the. court assembled to-day
Judge Advocate Davis stated that ho
wished to submit formally the testi-
mony of General Miles rs read yeste;-
day. as an exhibit in this trial. and
with this statement. he said the pro-
| secution rested it's case.
Mr.. Worthington. counsel for Gene
| raj Pagan, rend several exhibits in
connection with the testimony read ut
Yesterdays session or rfIr vuurt 'firvss-
| included the correspondence between
General Miles and General E,aran
through the -Adjutant General. in which
the latter asked as to whether the in
,terview published in a New York news
paper. in which General Miles is al
legged 10 have severely criticised the
| Commlssary Generals department. was
authoritative. Extracts from the al
legged interview were also read and
submitted as u part of the record.
WITNESSES FOR THE DEFENCE.
The witnesses for the defence who
preceded General Eagan on the stand
were colonel w. L. Alexander, u. S.
~, Of the subsistence Departments; Col
onel George%B DAVIS assistant to
/ Coninissal'y General Fagan; Miss NIL
Hard. Gensral Eagan's stenographer.
and Mr.. Rodgers, a clerk in the office
VI e'Ic NoInHlSSary General. They teS-
tilted that General E,agan had been Ia,
boring under n great mental strain
ever since General Miles appeared be-
fore the War Investigating Commis-'
sion.
Colonel Davis said that as time went
on his excitement Increased to such an
| extent that he did not and apparently.
could not attend To the routine duties
OF his Office, Later on General Eagan;
reached such a state that he could NOT
attend to any business. The day sbe-.
fore General l]aganiappeared before the.
COMMISSION he read his statement over,
70 he witness. VINO, urged him to mod
ify It son1ew Nat but he would not lis-
| ften. and Walking up and down the
room said he would not change n word
OF it. He WAS then in a very nervous
state. rs
EAcistN AGAIN.
| General Eagan followed Mr.. r odea&,
During the war With Spain he sara he
|. had been in his Office, every day with!
tr,.,. if4