The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-28

II have been crucifed by General
Miles"
Throughout the three days of the
trial the members of the court sat in
their places and attentively listened to
every word of the testimony. Only on
two or three occasions did they ask the
witnesses any questions, and then an
answer of yes or no sufficed Whatever
their sympathies were, or what was
passing in their minds. was not disclos-
ed by even the slightest change of ex-
preston.
| closed the room was ordered cleared
and the court went into executive ses-
sion to deliberate upon their findings.
Ihe first witness at the Eaean court
martial was David r. Mckee. for many
years agent of the associated press in
this city. He was a lifelong friend of
Eagan's. During the period between
the time Miles gave his testimony be-
fore the commission and on which Ea-
gan made his statement. witness saw
Eagan several times. He testified to
the generals nervous condition. Mckee
sald the impression Easan made on him
| was that he had become insane.
| Major S. G. Miles, recorder of the war
investigating commission, was recalled
and said, so far as he knew, the order
| of the president granting immunity TO
witnesses before that body had not
Deen reduced TO writing.
! At this point the judge advocate read
| the presidents address on the assemb-
| ling of the war Investigating commits
| sion, which. however. was unsigned
and the witness was asked whether
any other instructions had been given
He replied there had not. The witness
was present at the meeting between
the president and members of the war
investigating committee. Witness said
the matter of immunity of witnesses
came up and the president said wit
nesses who should apnear before the
commission could do so without any
fear of punishment or persecution.
Secretary of War Alger was next
| called to the stand. He said he recalled
the conversation he had with Eagan
shortly after Miles had given his testi-
mony. Eagan came into his office in an
excited state of mind and said it was
his wish to prefer charges against Miles
for what he had said
Il told him. testified Alger "under
the presidents order granting immu-
nifty to officers who testified before the
war investigating commission, he could
| not do So"
Alger was then excused
Colonel Alexander and Colonel Davis
We're recalled and said never during
their acquaintance with the accused
had they known him to use vulgar or
profane language.
DR.. William E. Hopkins of California
and New York. Eagan's son-in-law,
stated he had been visiting at the gem
erals house during the period after
Miles testimony. His statement cor
roborated previous testimony as to the
nervous and excited condition of the
accused. Eagan's condition. he said
showed symptoms of congestion of Ger
tain parts of the brain.
Mrs. Hopkins. daughter of Eagan,
In1 hn -
home one evening and standing in the
| doorway with paper in his hand. cx-
claimed: Miles has crucified me-" She
said she could never forget the scaae,
and said since that time her father had
been greatly changed man. He could
think of nothing else nor talk of any
thing else than that Miles had ruined
his life.
Worthington, at this point read La
gans military record from the army
register and also read an interview with
Miles printed In newspaper soon af-
ter he had made the statement before
the war commission, at the conclusion
of which the defense rested it's case
At lilo O'Clock a recess was taken
until 1880.
Mr.. Worthington, after recess. began
the argument for the accused, opening
by saying that he contended that Ly
the law of this country, civil, criminal
or military, the defendant could rot
be held to account for what he said
before the commission. He quoted
from number of high authorities TO
show that If the words spoken were
pertinent and material to the cause in
hand and We're not objected to by the
tribunal hearing the same and were not
malicious in character, the witness
could not be held ansWerable. The rem
edy, he said, lies with the tribunal be-
fore which General Eagan gave his tes-
timony. If he had been told by that
commission that his language was ex-
aggerated and inadvisable, he would
nave 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
preSldentS public statement that ',it-
neSses were given immunity, and de-
clared that this guarantee was claim
ed by the accused. Under these cir
cumstances, he believed General Ea-
gan was perfectly protected against
any results such as had been enforced
upon him by this court. He had been
accused of d heinous crime, and in his
statement to the commission had de-
Tended his honor and innocence as he
had a perfect right to do, but using
stronger language. perhaps, than he
should have used. Mr.. Worthington
iiSAl luottu from TO snow
that to convict the accused of conduct
unbecoming an officer and gentleman,
the offense must be such that any
brother officer who should, after his
conviction, take him by the hand or is
it his home, or be on intimate terms
with him, would thereby render himself
dissraced and unfit to associate With
gentlemen and men of honor The in
dorsements of several high reviewing
officers in the United States army on
the findings of court martials were
quoted as showing that the otfense
must be exceptionally henous and
should unfit the accused for association
with right-thinking men. One case cit
ed was that of an officer who struck
another who was cripple and called
him liar. General Sherman, who re-
viewed the case, disapproved the find
ings of dismissal of the court, and said
that this penalty should not be imposed
except the offense united the perpe-
traitor for the society of gentlemen,