Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-25
GEN. EAGAN'S TRIAL
Continued from First Page.1

tcollAlitutu ituIii iISt dSe.t
language used. it does not, of course, con-
tain all the statement.
IN fact" said he, lit starts in the mid
die of the sentence"
Mr.. Worthington stated that for this rea-
son he had advised the accused to plead as
he did.
The Defense.
Continuing, Mr. Worthington said that he
desired to state briefly to the court the
substance of General Eagan's defense.
Whatever. said he, the court may think of
the propriety of the language used by Cen
eral Eagan before the war investigating
commission, there was no doubt in his
(Northington s. mind that the accused was
fully protected in using that language by
the laws of the land. In no court, civil
or military, he said, could the accused be
heid accountable for his language even If
IT could be shown that the speaker was &C
tuated by malice. In addition to this the
President OF the United States had instruct
ed the war investigating commission to
announce publicly that witnesses before
that tribunal would be given Immunity for
whatever they might testify.
What AlRer Said.
Mr.. Worthington stated that Immediately
upon reading the testimony given by Cen
eral Miles General Eagan went to the Sec
rotary of War and asked leave to bring
charges against him. General Alger had
replied that under the Presidents order of
immunity General Miles would not be held
responsible for his language before the
commission.
The newspapers then took 1t UP and
goaded General Eagan almost to despera-
ton He had come to believe that the press
and the country at large had accepted the
accusations made by General Miles as true
and the condition of his mind, in conse-
quence, grew worse and worse until he
was IN state bordering on distraction.
The language which General Eagan used
under these circumstances was the natural
outburSt Of an honest man suffering under
an unjust accusation.
In closing, Judge Worthington said that
General Eagan could not be held accounta-
bic for his language before any tribunal in
this country, civil or military and partic-
ularly under the Presidents order of i'm
munity.
AT 1850 o'clock word came from the
White House that the President would re-
celVe the members of the court between
ii and II o'clock. Thereupon Gen Merritt
ANNOUNCED that the court would take a
recess for the purpose Of paying their re-
spects to the President of the United States
Maj. Mills Testimony.
On reassembling at 11;3o o'clock few
minutes time was given a photographer to
take picture of the court. and then Mai. S.
c. Mills was called to testify on behalf of the
government. He said he was the recorder
of the war Investigating commission and
was present and heard Gen. Eagan's testi-
mony before the commission. The manner
ot ten. Eagan in giving his testimony ne
said. was that of a man laboring under
great excitement. but trying to control his
excitement. Witness had charge of the
typewriter testimony given by Gen. Eagan
and had delivered the same to Gen. Dodge
at his hotel. Subsequently the witness had
returned the paper to Gen. Eagan with
letter from the commission declining to re-
ceive 1t in its present condition. He re-
called some of the words used by Gen.
Eagan in his testimony which agreed sub
stanually with the phraseology used in the
specifications The witness was shown a
copy of the specifications and identified the
language there quoted as having been used
by Gen. Eagan.
Judge Worthington interrupted TO say that
Gen. Eagan did not deny the language quot
ed, and had not the original statement been
destroyed after the objectionable words had
been expunged he would be willing to pro-
duce it.
Gen. McCook Heard 1t.
Gen. McCook, a member of the war in
vestigating commission, was the next wit
ness. He was dressed in black and, re-
spending to questions by Gen. Merritt.
stated his name and present duty. He said
that he was present on the day Gen. Eagan
had read a typewriter paper before the
commission. He did not hear the first part
of it. He was not paying strict attention.
THE impression made on my mind at the
time was that Gen. Eagan was greatly eX-
cited said he, speaking of the part ne
heard.
Gen. McCook could not remember the
exact language used by Gen. Eagan, eX-
cept that he thought it Objectionable. He
was handed the charges, and after reading
them. said that to the best of his recollec-
ton the language quoted in the first speci-
fication was used by the accused.
Gen. McCoOk said that during the cad
ing of Gen. Eagan's statement no member
Of the commission interrupted. He told of
the commissions action in referring he
statement back to Gen. Eagan for revis y.
Questioned by Mr.. Worthington as to the
instructions of the President to the COM
mission regarding the immunity of wit
nesses. Gen. MCCook said:
My understanding is that the President
upon our first meeting at the White House,
said, in his address, that anybody or any
person ppearing before the commission to
TESTIFY Should receive immunity from
action by higher authorities
Was the character of testimony to be