The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-01-25

General Eagan exhibited no signs OF
/ nervousness, but the expression of his
face and his manner clearly indicated
| that he realized that the trial involved
| consequences to him of gravest character.
While he stood listening to the charges
| and specifications his face seemed some
| what paler than usual.
| At the conclusion of the reading on
being requested to lead to the specifca-
| tion to the first charge, he said
mot guilty-not denying, however, that
| the specifications set forth correctly a
part Of the language used
! To the first charge, he pleaded mot
| guilty. TO the specification to the Sec
ond charge, he pleaded mot guilty" not
denying, however, that the secification
sets forth correctly part of the Ian
| guage used.
| To the second charge he pleaded mot
guilty." The Judge Advocate then arose
and said that the case in hand was pc
culiar one, but presented no unusual diff
! culties. The accused had seen fit to add
| to his plea of not guilty some words tend
ing to qualify it. but he did not think the
plea relieved the court from the necessity
of proving the facts alleged. Judge
Worthington responded briefly and ex-
planned why the qualifying words had
been used upon his recommendation.
The specifications did the accused a
great injustice in that it selected partic-
ular expressions without giving the con-
| text and in one or more instances the
specifications quoted began in the middle
| of a sentence. Continuing, Mr.. Worth
in nCtn oi hat bn n
briefly to the Court the substance of
General Eagan's defense. Whatever,
] said he. the Court may think of the pro-
priety of the language used by General
Eagan before Stbe War Investigating
| Committee. there was no doubt in his
| CWorthingtons mind that he was fully
| protected in using that language by the
| laws of the land. In no court, civil or
military, could the accused be held ac-
countable for his language even if it
could. be shown that the speaker was ac-
tuated by malice.
| In addition to this the President of the
United States had instructed the War
| Investigating Commission to announce
publicly that witnesses before that tri-
bunal would be given immunity for what
ever they might testify to. This was a
solemn promise given by the President of
the United States and counsel had no
doubt that the court would find that
General Eagan could not under these cir
cumstances be held to answer to a
military court martial for his language.
General Miles, he said, had appeared be-
fore the committee about three weeks
before General Eagan had made his
statement, and that on that occasion had
made most serious and sweeping charges
against many of his subordinates and par
ticularly against him and the commissary
department of the army. He had charged
Gen. Eagan with being incompetent and
neglectful of his duties and had inferen-
TALLY charged him, Gen. Eagan, with is
suing poisoned meat to the soldiers OF the
army and had averred that many had
died in CONSEQUENCE. He had also inn
piled that Gen Eagan was acting correct
up in the matter.
Immediately uon reading the testimony
given by General Miles, General Eagan
went to the Secretary of War and asked
leave to bring charges against him. Cen
eraI Alger had replied that under the
Presidents order of immunity, General
Miles could not be held responsible for
his language before the Committee. The
newspapers then took it UP and goaded
General Eagan almost to desperation. He
had come to believe that the press and
the country at large had acceted the ac-
cusations made by General Miles as true
and the condition of his mind, in conse-
quence, grew worse and worse until he
was in state bordering on distraction.
The language which General Eagan used
under these circumstances was the nat
ural outburst of an honest man suffering
under an unjust accusations In closing
Judge Worthington said that General Ea-
gan could not be held accountable for his
language before any tribunal in this
country, civil or military, and particu-
larly under the Presidents order of i'm
munity.
At 1880 o'clock word came from the
White House that the President would re-
ceive the members of the court between
II and u o'clock. Thereupon General
Merritt announced that 1heA court wouia
their respects to the President of the
United States.
On reassembling at II 80 o'clock a few
minutes was given photographer in
which to take a picture of the court, and
then Major S. c. Mills was called to. tes-
tify on behalf of the government. He
vestigating Commission and was present
and heard General Eagans testimony be-
fore the commission. The manner of Cen
eral Eagan in giving his testimony, he
said was that of man laboring under
great excitement, but trying to control
his excitement. Witness had charge of
the typewritten testimony given by Cen
eral Eagan and had delivered the same
to General Dodge at his hotel. Subse-
quently the witness had returned the
paper to General Eagan, with letter
from the commission declining to receive
it in it's present condition.
He recalled some of the words used by
General Eagan in his testimony, which
agreed substantially with the phraseology
used in the specifications. The witness
was shown a copy of the specifications
and identified the language there quoted
as having been used by General Eagan
Judge Worthington interrupted to say
that General Eagan did not deny the
language quoted, and had not the original
statement been destroyed after the OBJ
iectionable words had been expunged he
would willingly produce it here. Major
General McCook, retired, member of
the War Investigating Commission, was
the next witness. He was present and
heard a part of General Eagan's testi-
mony before the Commission.
1.-THE impression l had he said, was
that General Eagan must be laboring
under great nervous excitement He re-
called some of the language used and it
agreed substantially with the testimony
as published He was shown a copy of
the specifications and identified some of
the language as having been used by
Ganeral Eapan.