Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-25

Brig Gen. Richard Comba, United States
volunteers.
Col Peter C. Hams corps of engineers.
Col. George L. Gillespie, corps of engi-
neers.
Col. Charles r. Suter. corps of engineers.
Col. Francis L. Guenther 4th Artillery.
Lieut. Col. George B. Davis, deputy judge
advocate general, judge advocate of the
court.
The court is empowered to proceed with
the business before it with any number of
members not less than the minimum pre-
scribed by law.
Upon the final adjournment of the court
the members will return to their proper
stations. X. A ALGER,
Secretary of War.
Gen. Eagan was then asked by Col. Davis
if he had any objection to any member of
the court. and he declared through his
counsel that he had not The swearing-in
of the court by Col Davis followed, and
after this Gen. Merritt swore in Col. Davis.
Stenographer John w Hulse was the last
to be sworn.
The Charges and Specifications.
The next step was the reading of the
charges and specifications Col. Davis
arose and motioned Gen. Eagan to do like
wise, which he did. The reading occupied
only few minutes, and the official docu-
ment was as follows:
Charge 1-Conduct unbecoming an officer
and a gentleman Speciication-In that
Brigadier General Charles P. Eagan, COM
missary general of subsistence, United
States army, did, while testifying as a wit
ness before the commission appointed by
the President to investigate the conduct of
the War Department in the war with Spain,
submit and read as part of his testimony
a certain written statement in which he
did make use of, and thereby publish, the
following disgraceful, grossly insulting and
flr,,, 1,,l, To-, -t,l,
Major General Nelson A. Miles, command
ing the army, namely.
IF and when Gen. Miles charges that
1t (meaining timed fresh beef was fur
lies in his throat, he lies in his heart, he
lies in every hair of his head and every
pore of his body. he lies willfully, delib-
erately, Intentionally and maiciously. :"
In denouncing Gen Miles a liar, when
ne makes this statement, l wish to make
1t as emphatic and as coarse as the state
ment itself. l wish to force the lie back
into his throat covered with the contents of
a. camp latrine.''
This at Washington, D. c., January T.
1899
Charge 2-Conduct to the prejudice of
good order and military discipline Speci-
f1caton-ln that Brigadier General Charles
+. Eagan, commissiary general of subsist-
ence United States army, did, while testi-
Tying as a witness before the commission
appointed by the President to investigat q
the conduct of the War Department in the
war with Spain. submit and read as a part
or his testimony, certain written state
ment in which he did make use Of and
thereby publish, the following grossly
abusive and unmilitary language with ref
erence to the major general commanding
the army namely:
If and when Gen. Miles charges that it
(meaning timed fresh beef was furnished
at a pretense of experiment he lies in his
throat, he lies in his heart, he lies in every
hair of his head and every pore of his
hS1 l1a lsar rr,,1r,
tionally and maliciously. If his statement
Is true that this was furnished under pre-
tense of an experiment. then / should be
drummed out of the army and incarcerated
in state prison. If this statement is false,
as assert it to be, then he should be drum
med out Of the service and incarcerated in
prison with other libelers
His statement is scandalous libel, re-
Meeting upon the honor of every officer In
the department who has contracted for or
purchased this meat, and especially and
particularly on the comrnissary general
myself. In denouncing General Miles as a
wish to make IT as emphatic and as coarse
as the statement itself. 1 wish to force
the lie back into his throat covered with
the contents of a camp latrine.
Il wish to brand 1t as a falsehood of
whole cloth without a particle Of truth to
sustain it. and unless he can prove his
statement he should be denounced by every
honest man, barred from the clubs, barred
from the society Of decent people and so
ostracised that the street bootblacks would
not condescend to speak to him, for he has
fouled his own nest, he has aspersed the
honor of a brother officer without a par
ticle of evidence or fact to sustain in any
degree his scandalous, libelous, malicious
falsehood. viz, that this beef or anything
whatever was furnished the army under
pretense of experiment
This at Washington, D. c., January 12,
1899.
Gen. EaHan Pleads Not Guilty.
At the conclusion. General Eagan was in
vited to plead. and he said
'As to the specification in the first charge
/ plead not guilty, not denying, however,
that the specification sets forth correctly
part Of the language used. To the first
charge l plead not guilty. To the specifica-
ton of the second charge plead not guilty,
not denying, however, that the specification
sets forth correctly part of the language
used. To the second charge / plead not
guilty"
Judge Advocate Davis opening statement
was brief. He said that the court had
heard the accused plead not guilty, adding
qualifying words that do not, however re-
lieve the prosecution of the burden of prov
ing the charges.
Mr.. Worthington in his turn, stated that
while the charge set forth correctly the
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