The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-28


the President, granting immunity to
witnesses before that body, had not
been reduced to writing.
AT this point the Judge Advocate
read the Presidents address on the as
semblying of the War Investigating
Commission, which, however, was IN
signed, and the witness was asked
whether any other instructions had
been given He replied in the mega
tive. The witness was present at the
meeting between the President and the
members of the War Investigating
Commission. He said:
The matter of immunity for wit
nesses came up. think it was called
up by Mr.. Dodge, and the President
said that the witnesses who should ap-
pear before the commission could do
SO without any fear of punishment or
persecution"
r. A. Alger, Secretary of War, was
next called to the witness stand. He
said that he recalled conversation he
had had with General Eagan shortly
after General Miles had given his testi-
mony. General Eagan came into his
office in an excited state of mind and
said it was his wish to prefer charges
said.
It told him." testified Secretary AL
ger. that, under the Presidents or
der granting immunity to officers who
testified before the War Investigating
Commission, he could not do So"
Mr.. Secretary, did you receive any
instructions from the President on this
point?"
He said to me that immunity had
been granted to witnesses
General Alger was then excused, the
members of the court rising to their
feet as he withdrew.
Colonel Alexander and Colonel Davis
were recalled and said that never, dur
ing their acquaintance with the ac-
cused, had they known him to use vul-
gar or profane language. He always
had been correct and clean in speech
and never had they known him to use
such language as was used in his
statements before the War Commits
sion.
DIR. w. E. Hopkins of California and
New York, General Eagans son-in-
law, was called He came to Wash
ington after General Miles had given
his testimony and lived at the Cen
that General Eagan was very restless
and nervous and could not eat normally
or sleep normally.
At the table he would at times stop
eating and apparently lose himself in
thought. He was intensely nervous and
showed signs of congestion Of certain
parts of the brain. Witness had had
long talks with his wife about her
father, and he had told her that the
General must be carefully watched and
that they must be prepared for any
thing. General Eagan's mind was non
receptive at this time, and the witness
believed that something very serious
might happen. He. was, the witness
added, in a gloomy frame of mind in
consequence of the things that had
been said about him. He felt that his
honor was DESTROYED, and he did not
want to see people. General Eagan,
witness further testified, did not want
to go in a street car and was ashamed
to meet anyoney and keenly, felt his
disgrace. The General said that Cen
eral Miles had destroyed his honor and
that his life work was ruined. In all the
time the witness had known General
Eagan he had not known him to use
such langaue as was employed in his
statement.
Mrs. Hopkins the daughter of Cen
eral Eagan, was the next witness, Cen
eral Eagan's counsel explaining that
he called her against the wish of her
father and husband. and only because
her absence from the trial might be re-
marked upon. She said her father came
home one afternoon and, standing in
the doorway with a paper in his hand,
exclaimed:
General Miles has crucified me-"
The witness said she could never for
get that scene and added that since
that time her father had been greatly
changed man. He could think Of moth
ing else nor talk of anything else than
that General Miles had ruined his life.
He was from that time on in an alarm
ing condition and when witness was
compelled to go to New York she had
returned almost at once to help care
for her father. The witness spoke with
much feeling in regard to her fathers
changed condition and was given the
closest attention of the court.
Mr. Worthington at this point read
General Eagan's military record from
the army register and also an inter-
view with General Miles. printed in a
New York newspaper soon after he had
made his statement before the War
Commission, at the conclusion of which
the defense rested
At lilo o'clock a recess was taken
until 11:30.
Mr. Worthington after recess began
the argument for the accused, opening
by saying that he contended that, by
the law of this country, civil. criminal
or military. the defendant could not be
held to account for what he said before
the commission. He quoted from a
number of high authorities to show
that If the words spoken were peril
nent and material to the cause in hand,
were not objected to by the tribunal
hearing the same and were not mali
cious in character, the witness could
not be held answerabIe. The remedy,
he said. lies with the tribunal before
which General Eagan gave his testi-
mony. If he had been told by that
commission that his language was ex-
aggerated and inadmissible, he would
have withdrawn his words at once, but
at this late day to call him to account
was unfair and unwarranted by law.
Counsel then called attention to the
Presidents public statement that wit
nesses were given immunity, and de-
clared that this guarantee was claimed
by the accused. Under the circum-
stances, he insisted General Eagan was
perfectly protected against any results
such as have been forced upon him by
this court He had been accused of
heinous crime, and in his statement to
the commission had defended his honor