The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26

u. S. "; Colonel Peter G. Hams, corps
of engineers; Colonel George L. Giles
pie, corps Of engineers; Colonel Charles
c. Ruter, corps of engineers; Colonel
Francis L. Guenther, Fourth artillery;
Lieutenant George Davis, deputy judge
advocate general, judge advocate of the
court.
The members of the court, who ap-
peared in full dress uniform. were seat
ed about a long table placed length
wise of the room, General Merritt, the
president of the court, occupying the
seat at the head.
At just 10 o'clock Colonel Davis called
the roll of the court, all of the members
responding to their names. AS he con-
Guided General Eagan appeared with
his counsel. Mr.. a. S. WOrthington,
formerly United States district attor-
ney for the District of Columbia, and
took seats lear the judge advocate at
the foot Of the table. General Eagan
also wore the dress uniform of his
rank.
Almost Immediately Colonel Davis
arose and introduced General Eagan
and his counsel, and then proceeded to
read the order converting the court. The
judge advocate, when this was conclud-
ed, turned to General Eagan and in
quired whether he objected to any Of
the members of the court as designated
by the order. General Eagan replied:
81 do not"
The members of the court then arose
and took the usual oath. The charges
and specifications were then read.
EAGAN ARRAIGNED.
During these preliminary proceedings
General Eagan exhibited no signs of
nervousness, but the expression on his
face and his manner clearly indicated
that he realized hat the trial involved
consequences to him of the gravesE
character. While he stood listening to
the charges and specifications his face
seemed somewhat paler than usual. At
the conclusion of the reading, on being
requested to plead to the specification
to the first charge, he said:
Not guilty, not denying, however,
that the specifications set forth cor
rectly part of the language used" To
the second charge he pleaded o
guilty"
The judge advocate then arose and
said that the case in hand was a pecul-
one, but presented no unusual diff
culties. The accused a seen fit to
add to his plea Of not guilty some words
tending to qualify it, but he did not
think the plea released the court from
the necessity of proving the facts al
legged.
Judge W%orthington responded briefly.
and explained why the qualifying
words had been used upon his recon-
mendatiOn. The specification did h
accused a great injustice. in that it Sc
lected particular expressions without
giving the context, and in one or more
instances the specifications quoted be-
gin in the middle of a sentence. Con-
tinuing, Mr.. WOrthington said that ne
desired to state briefly to the court the
substance Of General Eagan's defense.
Whatever, said he, the court may think
of the propriety of the language used
by General Eagan before the war in
vestigating commission, there was no
doubt in mis- (Worthington's) mind tina
he was fully protected in using that
language by the laws of the land. In
no court, civil or military, he said,
could the accused be held accountable
for his language. even if it could be
shown that the speaker was actuated
by malice.
PROTECTED BY M'KINLEY.
In addition to this, the president of
the United States had instructed the
war investigating commission to an
publicly that witnesses before
that tribunal would be given immunity
for whatever they might testify to.
This was a solemn promise given by
the president of the United States, and
had no doubt that the court
would find that General Eagan could
not, under these circumstances, be held
to anSWer to q military courtmartial
for his language. General Miles. he
said, had appeared before the commits
sion about three weeks before General
had made his statement, and
IN that occasion had made most sweep
ing and serious charges against many
Of his s~ubordinates, and particularly
against him, the commissary depart
Of the army. He had charged
General Eagan with being incompetent
and neglectful of his duties, and had
..nferenti2lly charged him General Ea-
gam with issuing poisoned meat to the
of the army, and had averred
hat many had died in consequence.
WoTthington also implied that General
went to the secretary of war
and asked leave to bring charges
against him, General Alger had re-
)lied that under the presidents order
IF immunity, General Miles could not
2e held responsible for his language
before the commission. The neWSpa-
)ers then took it up and goaded Gem
sral Eagan almost to desperation. He
come to believe that the press and
country at large had accepted the
maze Dy General Niles as
rue, and the condition of his mind in
consequence grew worse and worse,
Until he was in a state bordering on
distraction. The language which Gen
raj Eagan used under these circum-
stances was the natural outburst of an
man suffering under an unjust
accusation.
LANGUAGE IDENTIFIED.
Major C. S. Mills was called to tes-
ify on behalf of the government. He
laid he was the recorder of the war
investigating commission. The man
Ter of General Eagan in giving his
estimony, he said. was that of a man
aboring under great excitement, but
rying TO control his excitement. Wit
less had charge of the typewriter
estimony given by General Eagan,
md had delivered the same to General
Dodge at his hotel. subsequently the
had returned the pape to Cen
raj Eagan, with a letter from the
commission, declining to receive it in
is present condition. He recalled
iome OF the words used by General
in his testimony, which agreed
substantially with the p~hraseology used
n the specifications. The witness was
ihown a copy of the specifications, and
Identified the language there quoted as