Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-26
the necessity of proving the fact al

the necessity of proving the fact al
legged.
Judge W~orthington responded brief
", and explained why the qualifying
words had been used upon his recon-
mendation. The specifications did the
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-
gan in the middle CT a sentence.
Continuing Judge Worthington said
that he desired to state briefly to the
court the substance of Gen. Eagan's
defense. Whatever, he said, the court
may think of the propriety OF the Ian
guage used by Gen. Eagan before the
wal investigating committee, there
was no doubt in his (Worthington's)
mind that he was fully protected in
using that language by the laws of
the land. In no court, civil or mill
tary, he said, could the accused be
held accountable for his language, even
iii it could be shown that the speaker
was actuated by malice.
In addition to this the President of
the United States had instructed the
var investigating committee to an
nounce publicly that witnesses before
that tribunal would be given i'm
raunity for whatever 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 hat Gen. Eagan
could not under these circumstances
be held to answer TO d military court
martial for his language. Gen. Miles,
he said, had appeared before the COM
mittee about three weeks before Gen.
Eagan had made his statement, and
on that occasion had made most
sweeping charges against many of his
: ubordinates and particularly against
him and the commissary department
+ the army. He had charged Gen.
van with issuing poisoned meat to
soldiers of the army and had
red that many had died in onse-
hce. He had also implied that
Eagan was acting %corruptly in
Ihea matter. Immediately upon read
|ingfthe testimony given by Gen. Miles,
GeA. Eagan went to the Secretary of
War and asked leave to bring charges
against him. Gen. Alger replied that
under the Presidents order of i'm
munity, Gen. Miles coould not be held
responsible for his language before
the committee. The newspapers then
took it up and goaded Gen. Eagan al
most to desperation. He had come to
lieve that the press and the country
\large had accepted the accusations
Gen. Miles as true, and the
f his mind, in consequence,
and worse until he was in
dering on distraction. The
hich Gen. Eagan used I'M
circumstances was the nat
st of an honest man suffer
n upinst accusation. In
lgton said that
am c0uld mo- De held account
his language befpre any tri-
his country. civil or military,
fularly under the Presidents
Immunity.
20 O'Clock word came from the
e House that the President would
ceive the members of the court be-
cen IL and II o'clock. Thereupon
en. Merritt announced that the court
would take a recess for the purpose
of paying their respects to the Presi-
dent of the United States.
On reassembling at 1870 o'clock a
few minutes was given a photographer
in which to take a picture of the court,
and then Major S. C. Mills was called
to testify on behalf of the government.
He said he w the recorder of the war
investigating commission and was
present and ard Gen. Eagan's testi-
mony befQ be commission. The
manner Eagan in giving his
Rmol was that of a man
eat excitement but
lis excitement. Wit
hge pf the typewriter
given by Gen. Eagan and had
Eered the same to Gen. Dodge at
rs hStel. subsequently the witness
'had returned the paper to Gen. Eagan
with letter from the commission de-
clininH to receive it in its present con-
dition. He recalled some of the words
s5Sh
A = ~