The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-28

ceptionally heinous and such as would
unfit the accused for association with
right thinking men.
| Counsel then reviewed the statement
made by General Miles and character
lied it as without a parallel in the his.
tory of the country. He commented
upon the statement that General Miles
pretended to have known about the So
called beef frauds for three months be-
fore he had sprung them upon the
country in his testimony before the
War Investigating Commission. During
that tine. said counsel, General Miles
had not communicated the alleged facts
to the responsible officers nor taken any
steps to put a stop to them.
Counsel reviewed at length the tes-
timony which had been given tending to
show that General Eagan's mind was
so seriously affected by the accusations
which had been made against him that
his friends feared that he would go
ont upon the street and shoot General
Miles on sight. He was no longer him.
self and no longer could control his
feelings or his actions.
In concluding his address, which lasted
over an hours Mr.. Worthington made
a strong plea for the accused, assert
ing that through this whole controversy
he had conducted himself as an honest
man goaded to desperation by the cruel
and unjust accusations of his superior
officer.
Colonel Davis, the Judge Advocate,
c'osed the argument. He said that he
had no other idea from the beginning
hot oil l,A 20 IL,
truth in this case be brought out He
sad that if the accused thought himself
aggrieved by the statement of General
Miles he had positive and sure remedy.
He had right to demand court Of
inquiry and he also had the undoubted
remedy of resorting to the civil and
criminal law. But he saw fit to ignore
all these remedies and to take the mat
ter in his own hands. He had prepared
with deliberation, a statement, which he
had read before the War Commission,
which was grossly insulting and an
undoubted infraction of the army regula-
tions as charged.
On the question Of immunity the
judge advocate stated that in all courts
the language. in order to be privileged.
must be pertinent to the issue, it cannot
be slander0us or in violation OF military
regulations. This was the universal
rule. The War Investigating Commits
sion, which had been created by the or
der of the President was an informal
tribunal, necessarily 50 by reason of the
great scope given to its investigation.
and it was not such Il tribunal as could
punish for contempt. 1t therefore might
or might not receive any statement
which might be presented. In this case
it had returned the statements to Gen
eral Eagan, declining to receive Il paper
Of the character presented by the ac-
cused. lie referred to General Miles
statement regarding bad beef. and said
that the commanding officers of fourteen
regiments had declared the beef fur
nishe1 to he unfit for food. Whatever
the facts this testimony could not he
ignored. Although General Eagan had
been criticised, so, he said, had many
other high officers in the army. the
heads of bureaus, and Admirals of the
Navy. All had been more or less severe
~ criticised. but they had continued to
do their duty as men and officers.
Judge Advocate Davis spoke only
about 80 minutes. and as he concluded
n,
clared the court closed and ordered the
rooms TO be vacated by all except the
members of the court
The court was in executive session for
little over an hour. and in this brief
space of time reached its conclusion, for
it soon became known when the doors
were re-opened that Il verdict had been
reached, or, in military parlance. the
court martial had made its findings.
The fact was confirmed by the an
nouncement from the Judge Advocate
that the court had adjourned without
day. 1t can be recalled only to correct
Il fault in the proceedings, which is a
rare occurrence.
In the regular order the findings and
proceedings must be carefully gone over
by Judge Advocate Davis. He thought
il was possible this afternoon 10 con
clude his task tomorrow or Monday.
lie will place the papers in the hands Of
Judge Advocate General Lieber, whose
duty it will be TO make most careful
examination of every part of the record
and findings with view to the detection
Of any Irregularities in the forms. Pre-
suming that he finds all of these things
regular, he will forward the papers to
the Secretary of War with his endorse
ment, if he sees fit to add one. and the
latter will act finally "by direction of the
President" according to the form of
practice adopted in Secretary Lannon'S s
time. 1t is proper to state that it is pos
sible for the papers to pass through the
hands of General Miles mt some stage
in the proceedings, he acting also in the
capacity Of a reviewing authority, but
this is not a uniform practice. and there
was Il notable exception in the Carter
court martial.
BRILLIANT MARRIAGE AND RE
CEPTION.