The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-27

JUSTIFICATION, EXTREME PROVOCATI0N,
ASSURANCE or IMMUNITY.
Great Nervous Teasion Resulting from Attracks
on his Honor Made him in Meas
ure irresponsible.


Washington, Jan. 26-The feature of
the proceedings before the Eagan court
martial today was the testimony, dra-
matte in many parts in it's quiet inten-
sity, of Cemmissary General Eagan
himself
As he proceeded in his testimony it
became apparent that the line of de-
fence would be justification and ex,
treme proyocation, finally bringing on
serious nervous condition which render
ed the witness unfit for business and
made him to a degree irresponsible for
his acts. The Presidents order of inn
munty it was also made evident, would
be relied on as applicable to General
Eagan's testimony before the
War Commission and that therefore the
court martial had no proper jurisdiction
of the cases.
When the court assembled today
Judge Advocate Davis stated that he
wished to submit formally the testimony
of General Miles as read yesterday as
an exhibit in this trial, and with this
statement, he said, the prosecution
rested it's case.
Mr. Worthington, counsel for Cen
eral Eagan, read several exhibits in
connection with the testimony read at
yesterdays session of the court. These
included the correspondence between
General Miles and General Eagan
through the Adjutant General, in
which the latter asked as TO whether
the interview published in a New York
newspaper i'll which General Miles is
alleged to have severely criticized the
Commissary Generate Department. was
authoritative. Extracts from the al
legged interview were also read and
submitted as a part of the record
The witnesses for the defence who
preceded General Eagan on the stand
were Colonel w. l.. Alexander, L. :.
A.. of the subsistence department; Col
Oncl George II. Davis, assistant to
Commissary General Eagan; Miss Mil
lard. General Eagan's stenographer,
and Mr.. Rodgers, clerk in the office
of the Commissary General Depart
ment They testified that General Eag-
an had been laboring under Il great
mental strain ever since General Miles
appeared before the War Investigation
Commission.
General Eagan followed Mr.. Rogers.
During the war with Spain, he said,
he had been in his office every day with
one exception, and had worked early
and late. He had given his testimony
before the commission under oath-pre
ferably So He had first read General
Miles statement in the Washington pa
pers. For a long time he feared that
he might not be called before the COM
mission, but he finally received sum-
mons to appear. Even then he was
not fully prepared, as his statement
necessarily involved the preparation Of
records. etc. He held a conversation
with the Secretary of War in the course
of which he told the Secretary that he
desired to defend himself by bringing
proceedings against General Miles, but
was told that the immunity granted by
the President would prevent any sucn
action. Witness accepted this as the
fact, but he did not think that this inn
munity covered the newspaper interview
in which General Miles had by infer
cnce declared him to be murderer for
gain. This statement of General Miles,
in the opinion of the witness, had taken
away his tEagan's) character. He
could not proceed against General Miles
in the courts or otherwise and he felt
that he might be better dead in the gut
ter.
His honor as a soldier, he continued.
had heen attacked, and soldiers honor
should be as sacred as the honor of a
woman. ''But | am an honest man,
said the General with feeling, land |
believe that no one who knows me will
believe that / am dishonest man. My
record is clean, my uniform is unsullied.
but I have been Slandered and wronged.
In answer to a question by his coun-
sci as to whether he had ever received
any benefit for any contract he had
made. General Eagan said, with great
feeling:
NO! on my honor and before my God.
not one cents profit gain did | ever re-
cejve, and vet my office has disbursed
S19.000.O0O and am now poor man,
so noor that ] have not now sufficient
money with which to pay your fee"
The witness spoke of his mental and
nhvsical condition between the time
General Miles gave his testimony and
the time he himself had appeared. He
could not get rid of the thought that
the country believed him to be muir
derer and for gain, and it drove him
nearly 10 desperation.
Mr.. Worthington then read from a
large number of newspaper clippings,
many of which spoke of General Eagan
as scoundrel and demanded his dis
missal from the army. At II O'Clock
Mr.. Worthington announced that he
was unable to proceed with his case,
as the Secretary of War, whom he desir-
ed to call as a witness, was now before
the War Investigation Commission and
could not appear. Other witnesses also
could not appear until tomorrow. There
upon the court adjourned until 10
o'clock tomorrow morning.