The times., 1899-01-26

shown the charges and specifications he
identified the bilingsgate as that used by
the Commissary General. With this and
few irrelevant questions the witness was
dismissed. In giving his testimony he had
displayed considerable nervousness, and
seemed glad that the ordeal was over.
General McCooII's Testimony.
Gen. Alexander McD. McCook, member
of the Alger Relief Commission. was then
presented to the court as a witness for the
prosecution. He apologized for app airing
without his uniform, and was told he
looked very well in civilian dress, where
upon he bowed smiling ackno Siedgement
of the compliment. The witness was then
sworn and taken in hand by the Judge ad-
yocate.
Colonel Davis-Were you present at the
session OF the Commission when General
Eagan gave his testimony?
General McCook-I was.
Colonel Dayis-You heard it?
General McCOok-I heard The first part
of it.
Colonel Davis-Did any portion of it. any
sentences used by the accused, impress you
in any way?
General McCook-It did
Colonel Davis-State to the court what
impression you received.
GeueTdI MC,OOk-l ne impression 1ndue
upon my mind at the time was that Cen
eral Eagan must have been laboring un-
der high state of excitement when he
read that paper.
Colonel Davis-What was the nature of
the language used?
General McCook-The best memory
have, and | have not revived my memory
by reading the testimony. is that General
Miles had lied, sworn falsely. and had
charged the Commissary General-he did
not charge him BY name-Of furnishing
embalmed beef. Also | remember when
he spoke of denying the fact that canned
beef had been issued to the army on pre-
tence OF experiment
Colonel Davis-Do you recollect particu-
lar words that were applied?
General McCook-No not any more than
the language in general. If | had any part
of the testimony to refresh my memory 1
| might recognize it. l have not looked at
the testimony.
After asking the consent of the court,
Colonel Davis handed General NcCOoi; a
copy of the charges and specifications. and
after he had glanced them over he said
that the language used in the first charge
was his best recollection OF the language
read by General Eagan.
Colonel Davis-Then. as to that testi-
mony, it is substantially correct?
General McCook-It is substantially cor
rect as l remember it.
The DISCRIMINATION.
| Colonel Davis then announced that he
was through with the witness. but said
the defence wished TO examine him. He
added that he had arranged with the at
| torney for the defence that such questions
as he wished TO ask of the witnesses could
| be asked Immediately, 80 that the witness
| could resume his work on the Commission.
! Mr. WOrthingtOn-Wha is your reCOl
/ lection as to the reading of this paper as
TO whether he was interrupted. Was there
( anything said TO him as to the impro-
( priety OF the language he was using?
General McCook-Not to my recollection
| Mr.. Worthington-The Commission took
( no action until the next morning?
General McCook-The paper was laid on
/ the table and the recorder was requested
/ to lock it up. The following morning the
| paper came UP for reconsideration and was
returned 10 General Eagan.
Mr. Worthington-I want TO ask Won.
| general whether anything has been said
| in regard to the protection OF witnesses?
| General McCoOk-My understanding Of
! that is from the conversation of the Presi-
| dent 10 the Commission, that anybody or
any person who came before that Commits
| sion to testify or give evidence would re
| ceiye immunity from any action OF higher
authorities.
Mr.. Worthington-Can you recall in just
| what language that was said?
| General McCook-just as / have said it,.
| ! have on examining witnesses who have
| hesitated, stated to them their rights to
| testify
| Mr. Worthington-Where was it the
| President made the statement?
General McCoOk-At the first meeting of
| the Commission, in the White House.
| That is my impression.
Mr. Worthington-I presume the ques
| tiOn did not arise, or was not discussed
as to the character Of testimony witnesses
| might give, or what construction might be
| placed on language.
General McCook-No 1t had never be-
fore arisen; there is no question about the
| understanding of the Commission on that
| point as to legitimate testimony or cxpla-
nation that comes before the Commission.
! 1t is the understanding of every member
! of the COMMISSIONS at least; it is my under
| standing. that witnesses are to be pro-
| tected.
Mr. Worthington any question on
this point arisen during the lifetime of the
! Commission until this time?
General McCook-NO. We have never
! discussed the judgment of testimony. 1t
| is "A judicial question as to what is testi-
mony and what is not and the Commits
sion has not discussed it.
Mr. WOrthington-Tha is all.
! General McCook was further questioned
! in regard to the methods adopted By the
| Alger Relief Commission for furnishing
the press with reports of its deliberations
this being an evident attempt to lend color
TO the impression that General Eagan's
testimony was given undue and too hasty
| publicity. General McCOok replied that
| the press associations Were fully repre-
sented at all sittings of the Alger Relief
| Commission.
After General McCook had concluded the
judge advocate announced that the pros
! ecutiCn had no further witnesses. and he
proceeded to read the testimony given by
General Miles before the Commission Fol-
! lowing this Mr., Worthington read at
length General iEagan's revised testimony,
at the conclusion of which the court ad-
journed until 10 o'clock today.
"a . ToR