Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1899-02-04
DISMISSAL FOR
GENERAL EAGAN
Asserted That This Is the Verdict OF
the Court Martial Which Tried
the Commissary.
WILL NOT RECOMMEND CLEMENCY
Court Said to Have Found Eagan
Guilty on Both Charges in 40
Minutes-Much Red Tape
to Be Gone Through.

Chicago, Jan. 31.-A special to the
Times-Herald from Washington says;
Dismissal from the military service
| of the United States without any rec
ommendation for clemency is the YER
dict passed by the court martial upon
Commissary General Eagan for his re-
cent virulcnt attack upon Major Cen
eral Miles. The verdict was reached
within forty-fve minutes after the
trial ended.
Notwithstanding the nature OF the
courts conclusion, the president can
exercise clemency If he so desires, and
General Eagan's friends will urge that
his punishment be confined to reliev-
ing him from the duties of commissary
general of subsistence and TO a garrl-
son duty.
Omaha, Jan. 2s.-The Washington.
correspondent of the Wpr2aeheraid
says:
"And the court did ~thereupon sem
tence him, the brigadier general
Charles p. Eagan, commissary gen
eral of subsistence, TO be dismissed
from the military service of the United
States"
This, / am reliably informed, is the
closing paragraph of the court mar
tial record of General Eagan.
He was found guilty on botlI
charges, conduct unbecoming an OIL
Ger and a gentleman" and conduct
to the prejudice of good order and
military discipline" Having been
found guilty on the first count, the
court, in accordance with article OF
war 81, had no other alternative thai
to bring in n sentence of dismissal.
y When the court adjourned the SEN
tence was not accompanied by any
recommendation for clemency, n 1t
Is not considered likely that any such
recommendation will be made when
the record Is formally signed today.
Il is still within the power of the pres
ldent to exercise clenency, and it is
believed by many officers that, in view
Of General Eagan's mental condition,
the president may mitigate the sem
tence of dismissal to one of suspen-
sion.
The record of the court will be for
mally submitted to Secretary Alger,
and by him referred to the Judge ad-
Vocate general for review. Several
days will elapse before the findings
are sent to the president, who will
finally pass upon them.
The court took but forty-five min
utes after the close of testimony and
arguments to make up its verdict,
when it adjourned. 1t then went TO
the white house to inform the presl-
dent that the trial had ended.
Going Over the Record.
Washington, Jan. 31.-Colonel Davis,
Al ~ Yhn ITnrrnn nltIri
martial, is engaged in going over the
record of the proceedings in the hope
Of being able to deliver the papers 70
the secretary of war today. Officially
nothing is yet known of the nature of
the verdict.
There is no settled practice respect
ing the curse to be taken in these
presidential courts. The army regu-
lations provide:
1.-The reports which the judge advo-
cate general may render upon cases
reviewed by him, and which require
the action of the president, will be adj
dressed to the secretary of war, and
will he forwarded to the commanding
general of the army for such remarks
and recommendations as he may see
fit to make"
BY n construction OF this regula-
ton the record of the Eagan court
martial would be necessarily deliv-
cred by the judge advocate general TO
General Miles, who would transmit it
to the secretary of war. However, it
may be that the judge advocate gem
eral may not render a report upon the
case, so that the routine prescribed
would not necessarily follow. At any
rate it is the intention of Judge Advo-
cate Davis to deliver the proceedings
of the court, when he has concluded
with them, directly to the secretary
of war, who may, and probably will,
refer the papers to the judge advocate
general for legal review. 1t is prob
able the latter officer will consume
about a week in the examination Of
the papers so that they will not come
before the president before about Feb
ruary 5.