The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-02-03

WdSlluStUll, Jan. Gl.-lnc DOslrU OF
army officers designated by the secre-
tary of war to sit as a court martial
in the case Of Brig. Gen. Charles P.
Eagan, commissary general of sub
sistence, charged with conduct unbe-
coming an officer and a gentleman, and
conduct to the prejudice of good order
and military discipline. in connection
with his testimony before the war in
vestigating committee, met in the red
parlor of the Ebbitt house at 10 o'clock
yesterday morning and almost imme.
diately proceeded to the business in
hand. All the members were present.
Gen. Eagan was accompanied by his
attorney, A. S. Worthington. After adj
ministering the oath to the members
Of the court Col. avis. Judge advocate,
read the charges and specifications. At
the conclusion OF the reading, ON be-
ing requested to plead to the specifica-
lions to the first charge, Gen. Eagan
said: ''Not guilty" not denying, how
ever, that the specifications set forth
correctly part Of the language used.
10 the specifications and to the second
charge he pleaded not guilty. 10 the
third charge he pleaded not guilty.
The judge advocate then arose and
said that the case in hand was a pc
culiar one, but presented no unusual
difficulties. The accused had seen tit
to add to his plea of not guilty some
words tending to qualify it, but he
did rot thing the pla relieved the court
from the necessity Of proving the facts
alleged.
Judge Worthington responded brief
ly and explained why the qualifying
words had been used upon his recon-
mendation. The specifications did the
accused great injustice in that it Sc
lected particular expressions without
giving the context, and in one or more
instances the specifications quoted be-
ginning in the middle of sentence.
Mr.. Worthington said that he desired
to state briefly to the court the SUBJ
stance of Gen. Eagan's defense.
Whatever, said he. the court may
think of the propriety of the language
used by Gen. Eagan before the war
investigating 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 if it could be
shown that the speaker was actuated
by malice. In addition to this, the
president of the United States had in
structed the war investigating COM
mission to announce publicly that
witnesses before that tribunal would
be given immunity fer whatever they
might testify to.
The court then took n short racpss tn
enable the members to pay their re-
spects to the president. On reassem-
bling at 11:50 time was given pho
tographer in which to take picture
of the court, and then Maj. $. Z. Mills
was called to testify OH behalf of the
government. He said the manner OF
Gen. Eagan in giving his testimony
was that OF a man laboring under
great excitement. 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 quoted.
Maj. Gen. McCooll, retired, a men,
Der Of the war investigating commits
SIGN, was the next witness. 1.-The i'm
preston I had" he said, twas that
Gen. Eagan must be laboring under
great nervous excitement He re-
called some of the language used and
1t agreed substantially with the tes-
timony as published. He was shown
a copy of the specifications and identi-
fed some of the language as having
been used by Gen. Eagan.