The Forrest City times., 1899-01-27
Commissary General Eagan on Trial
Before a Court of Prominent
Military Officers.
the USUAL F0RMAlITIES OBSERVED.
The General Enters Qualified Plea of Not
Guilty. Taking Refuge Behind the
Presidents Promise of Immunity for
Witnesses Giving Evidence Before the
War Investigation ommission.


rotary of war to sit as a court-mar-
=. Eagan, commissary general of SUBJ
sistence, charged with conduct unbe-
coming an officer and a gentleman,
and conduct to the prejudice of good
order and military discipline. in con-
nection with his testimony before the
war investigating commission. met in
the Red Parlor of the Ebbitt house at
10 a. M. and almost Immediately pro-
ceeded TO the business in hand.
The members of the court, who APP
peared in full dress uniform. were
seated about long table placed
fengthwise of the room. Gen. Merritt,
the president of the court. occupying
the seat at the head.
THE COURT OPENED.
At just ten o'clock Col. Davis called
the roll of the court, all of the mem
bers responding TO their names. AS
he concluded Gen. Eagan appeared
with his counsel. Mr.. A. S. Worthing-
ton, formerly United States district
attorney for the District of Columbia,
and took seats near the judge advo-
cate at the foot of the table. Gen.
Eagan also wore the dress uniform of
his rank. Almost Immediately Col.
Davis arose and introduced Gen. Eagan
and his counsel, and then proceeded
to read the order converting the court.
The judge advocate when this was
concluded, turned to Gen. Eagan and
inquired whether he objected TO any
of the members of the court as desig-
mated by the order. Gen. Eagan re-
piled: Il do not
CHARGES AND SPECIFICATIONS.
The members of the court then
arose and took the usual OATH The
charges and specifications were then
read. The charges are: Conduct I'M
becoming an officer and gentleman"
and Conduct TO the prejudice of good
order and military discipline" the
specifications in each case reciting the
offensive languages used by Gen. Ea-
gan in his statement read before the
war investigation commission and
heretofore published.
During these preliminary proceed
lngs Gen. Eagan exhibited no signs of
face and manner clearly indicated that
he realized that the trial involved con-
sequences to him of the gravest char
Acter. While he stood listening to the
charges and specifications, his face
seemed somewhat paler than usual.
QUALIFIED PLEA OF NOT GUILTY.
At the conclusion of the reading. on
being requested TO plead to the speci-
fcation to the first charge, he said
mot guilty" not denying, however,
that the specifications set forth cor
reetly part of the language used.
To the second charge he pleaded
"Not guilty"
The judge advocate then arose and
said that the case in hand was a pecu-
liar one, but presented no unusual
difficulties. The accused had seen fit
TO add to his plea of not guilty, some
words tending to qualify it, but he did
not think the plea relieved the court
from the necessity of proving the facts
alleged.
RESPONSE FOR THE ACCUSED.
Judge Worthington responded
briefly and explained why the qualify
Ing words had been used upon his rec
concentration. The specifications did
the accused a great injustice in that
1t selected particular expressions with
out giving the context and in one or
more instances the specifications quot
ed begin in the middle of sentence.
Continuing Mr.. Worthington said that
be desired to state briefly to the court
he Sftla 81 NJ Jof
Whatever, said he, the court may think
of the propriety of the language used
by Gen. Eagan before the war investi-
eating commission. there was no
doubt in his (Worthington's mind
that he 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 held accountable
for his language even il il could be
shown that the speaker was actuated
by malice.
PLEADS IMMUNITY.
In addition to this the president of
the United States had instructed the
war investigating commission TO an
nounce publicly that witnesses before
that tribunal would be given immuni-
~ for whatever they might testify to.
This was a solemn promise given by
the president of the United States and
counsel had no doubt that the court
would find that Gen. Eagan could not,
under these circumstances. be held TO
answer to a military court martial for
his language.
Gen. Miles, he said, had appeared
before the committee about three
weeks before Gen. Eagan had made
his statement, and on that occasion
had made most serious and sweeping
charges against many of his subordi-
mates, and particularly against him,
the commissary department of the
army. He had charged Gen.
Eagan with being incompetent and
neglectfnl of his duties, and had in
ferentially charged him (Gen. Eagan)
with issuing poisoned meat TO the sol
diers of the army, ana had averred