The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-26

He said he was the recorder of the
war investigating commission and was
present and heard Gen. Eagan's tesu-
mony before the commission. Inc man
ner of Gen. Eagan IN giving MS test
mony he said, was that of a man Id
boring under great excitement, put tIS
ing to control his excitement. witness
had charge of the typewrltten teSei !
mony given by Gen. Eagan, ana had
delivered the same to Gen. Dodge at
his hotel. Subsequently the witness naa
returned the paper 10 Gen. Eagan Win
q letter from the commission declining
to receive it in its present condition
He recalled some Of the words used by
Gen. Eagan in his testimony WhIch
agreed substantially with the phrase
ology used in the specifications. The
witness was shown copy of the spee1-
fications 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 Ian
guage quoted, and had not the original
statement been destroyed, after the OBJ
jectionable words had been expunged,
he would willingly produce 1t here.
Maj. Gen. McCook, retired, member
of the war investigating commission,
was the next witness He was present
and heard part of Gen. Eagans tes-
ttmony before the commission.
The impression l had," he said, was
that Gen. Eagan must be laboring un
der great nervous excitement"
He recalled some of the language
used, and it agreed substantially with
the testimony published. He was shown
copy of the specifications and identi-
fed some of the language as having
been used by Gen. Eagan,
The words, 81 wish to force the lie
back into his throat covered with the
contents of camp latrine," Gen. Nc
Cook did not hear. He said he had his
own views as to such language as he had
first heard, and he turned away and did
not hear this sentence. The witness re-
called a remark made by the president
IN regard to the immunity of witnesses.
The president had said in substance
That any person who should come be-
fore the commission to give evidence
should receive immunity from the ac-
tlon OF any higher authority. 1t was the
understanding of the commission that
tn1s immunity extended only to legt-
mate testimony that could be received
by any tribunal. No written statement
or order as to the immunity of witness
es, SO far as he knew, had ever been
made.
Gen. Miles had appeared before the
commission some days before Gen. Ea-
gan was heard. He had objected to be-
ing sworn, and his statement had been
received without his taking the oath
Gen. Miles was the only witness, so far
as he recalled, who had objected to TAX
ing the oath, although one witness in
New York had refused to swear that he
would tell the whole truth. other wit
nesses had preferred to affirm. The
commission had no hard and fast rule
IN regard to the matter of the oath
The judge advocate then read at some
length from Gen. Miles testimony be-
fore the war investigating commission
which called forth the Objectionable
language in Gen. Eagan's statement. Al
the conclusion of the reading of the
statement, Judge Worthington read al
length from Gen. Eagans revised tes-
timony before the war investigating
commission, At o'clock the court adj
lourned Until 10 O'Clock tomorrow morn
inc.