The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1899-01-26
Defendant Pleads Not Guilty, but
Admits Using Certain
Language.
Will Claim Justification and the
Protection of McKinley's
Promise.

/ WASHINGTON. Jan. 26.-The board Of
army officers designated by the secre.
tary of war to sit as courtmartial in
the case of Brigadier General Charles
P. Eagan. commissary general of sub
sistence, charged with conduct unbe-
coming an officer and 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.
and almost Immediately proceeded to
the business in hand. The court con.
sisted of Major Generals Merritt, Wade,
Butler and Young; Brigadier Generals
Frank, Randall, Kline and Combs: Col
onels Hams, Gillespie, Suffer and
Guenther and Lieutenant Colonel
George B. Davis, deputy judge advocate
general. judge advocate of the court.
| All in Full Dress Uniform.
The members of the court, who ap.
peared in full dress uniform, were
seated about long table placed length
wise of the room. General Merritt, the
| president of the court. occupying the
| seat at the head. At just 10 o'clock.
Colonel Davis called the roll of the
court, all of the members responding to
their names. AS he concluded, General
Eagan appeared with his counsel, Mr..
A. S. Worthington, formerly United
States district attorney for the District
of Columbia. and took seats near the
o. ~
General Eagan also wore the dress uni
form of his rank. Almost immediately
Colonel Davis arose and introduced Gen
eral Eagan and his counsel, and then
proceeded to read the order converting
the court.
The judge advocate. when this was
concluded, turned to General sEagan
and inquired whether he objected to
any of the members of the court as des.
ignaated by the order. General Eagan
Replied:
III do not.
The members of the court then arose
and took the usual oath which was adj
ministered by Colonel Davis The
charges and specifications were then
read.
Plead Not Guilty.
At the conclusion of the reading, on
being requested to plead to the tspecifi-
cation of the first charge, General
Eagan said, Mot guilty" not denying,
however, that the specification set forth
correctly part of the language used.
To the first charge he pleaded mot
guilty" To the specifications to the
second charge he pleaded not guilty,
not denying, however, that the specif-
cation set forth correctly part of the
language used.
To the second charge he pleaded mot
guilty"
The Judge advocate then arose and
said that the case in hand was peculiar
one, but presented no unusual difficult
ties. The accused had seen fit to add to
his plea of not guilty, some words tend
ing to qualify it, but he did not think
the plea relieved the court from the ne
cessity of proving the facts alleged.
Defense Outlined.
Judge Worthington responded briefly
and explained why the qualifying words
had been used, upon his recommends
ton. The specifications did the accused
a great injustice, in that it selected par
ticular expressions without giving the
context and in one or more instances
the specifications quoted beginning in
the middle of sentence. Continuing,
Mr.. Worthington said that he desired
to state briefly to the court the sub
&c
Whatever, said he, the court may think
of the propriety of the language used by
General 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 ac-
cused be held accountable for his lam
lguage, even if it could be showns!that
the speaker was actuated by malice.
In addition to this, the president of the
United States had instructed the war
investigating commission to announce
publicly that witnesses before that tri-
bunal would be given immunity for
whatever they might testify to.
This Was Solemn Promise
given by the president of the United
States and counsel had no doubt that
court would nnd that General Eagan
could not, under these circumstances,
be held to answer to military court
martial for his language. General
Miles. he said, had appeared before the
commission about three weeks before
General Eagan had made his statement,
and on that occasion had made most Sc
rious and sweeping charges against
many of his subordinates and particu
larly against him and the commissary
department of the army. He had
charged General Eagan with being in.
competent and neglectful of his duties.
and had inferentially charged him, Gen.
eral Eagan. with issuing poisoned meat
to the soldiers of the army and had
everred that many had died In conse