The age-herald., 1899-01-27
Had Goaded Him to Nervous ProStration and Despair.
DECLARES HE IS NOT A MURDERER
Points With Pride at His Past Army Record, and Alleges That He EAl Sufficient Provocation to At
 tack General Miles.

Washington, January 26.-The feature of the proceedings before the Eagan court martial today the testimony, dramatic in many parts in it's delivery, of Commis- sary-General Eagan himself Not more .-an fifteen or twenty people outside of the court and dozen or so newspaper corre- spondents were admitted to the trial rooms. Several witnesses preceded the chief figure in the trial.
 General Eagan listened ntently to the testimony of these witnesses, and occasion ally held brief whispered conferences with his counsel. He was dressed in full uni- form, without sword. His call to the stand this morning was something of a surprise as it had been thought if he testified at all it would be later. When his name was called he rose, and, standing before the witness chair, raised his right hand, took the oath administered by the judge-advocate, and at first related his army career.
 Claims Provocation
 As he proceeded in his testimony it be- came apparent that the line of defense would be justification and extreme p1ovoca- ton, finally bringing on serious nervous condition which rendered the witness unfit for business and made him to degree ir- responsible for his acts The presidents order of immunity, it was also made evil dent, would be relied on as applicable to General Eagans testimony before the war war commission, and that therefore the courtmartial had no proper jurisdiction in the case.
 When General Eagan began the story of General Niles aspersions on him, he raised his voice somewhat and spoke with great earnestness, though with perfect enuncia- tion. In speaking of the criticisms of the newspapers, which, he said had been called forth by General Niles testimony his man. ner was intensely dramatic and impressive. His eyes filled with tears and his voice trembled, and the impression he left with many was decidedly favorable. After the court adjourned several members shook his hand, and in friendly way asked after his health.
 Testimony of Miles
 When courtmartial reassembed Judge Advocate Davis stated that he wished to submit formally the testimony of General Miles read an exhibit in this trial and with this statement, he said, the prose- cution rested it's case.
 MT. Warrington, counsel for General Eagan, read several exhibits in connection with the testimony read at yesterdays session of the court. These included the cOrreSpOnuence between General MlleS ana General Eagan, through the adjutant gen. eral. in which the latter asked whether the interview published in New York newspaper in which General Miles is all leged to have severely criticised the com missary generals department was author itative. Extracts from the alleged inter- view were also read and submittedt as a part of the record.
 Colonel w. I. Alexander United States army. of the subsistence department was the first witness called by the defense. He said he returned to Washington from Ja- maica on the morning of the day General Eagan gave his testimony before the war Investigating commission. General Eagan he said, was hastily going over papers in connection with his testimony and showed signs of great excitement.
 Eagan In Nervous Condition
 General Eagan nervously handled the pa- pers and witness had rarely seen man in such a nervous condition. His manner was so exceptional that he asked Colonel Davis, of the commssary department, who was present. whether the general was not ill., He had been intimately connected with General Eagan, but never before had he seen him in such condition.
 General Merritt asked the witness wheth- CT to his knowledge General Eagan had con- suited any one to the substance of h, testimony to be presented to the commit tee Colonel Alexander answered that so far as he knew General Eagan had not
 Colonel George B. Davis assistant com- missary- general, was the next witness He testified that he had been very closely as- sociated with General Eagan during the last several months. He was in the office the day General Miles gave his testimony before the war commission, and as soon a General Eagan saw the published state ment of the testimony he became greatly excited, and had written to General Miles regarding an interview published with Gen. eral Miles.
 His Excitement Increased
 As time went on his excitement increased to such an extent that he did not and ap- parently could not attend to the routine duties of his office. Later on General Ea- gan reached such state that he could not attend to any business.
 The day before General Eagan appeared before the commission he read his statement over to the witness, who urged him to mod fly 1t somewhat; but he would not listen, and, walking up and down the room said he would not change word of it. He was then in a very nervous state. Newspaper clippings were constantly being received critcising General Eagan, and these greatly increased his excitement. Some of these clippings carried the idea that General Ea- gan was murderer and that he acted cor ruptly in sending unfit food to the army During these days, the witness said, Gen. eral Eagan was wholly unfitted to perform the ordinary duties of his office. Up to this time the general had been hard worker, and never before had exhibited any signs of nervous strain
 No Question of Honesty
 -n answer to question, Colonel Davis said that General Eagan's conduct of his office was perfectly honest, and he had al-