The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-19
The COmmissary General to BE Re-
Iieved OF His Duties, But Not
Placed Under Actual Arrest.
FEDERAL JUDGE PROMOTED
=. s. GROSSCUP NOMINATED TO THE
SEVENTH JUDICIAL CIRCUIT.
Well Known for the Part He Took in
Furnishing Railway Strikers for
Contempt and Conspiracy.


WASHINGTON, Jan. 1S.-The detail for
the court-martial which is to try Commits
sary General Charles P. Eagan on charges
| growing out of his statements before the
war investigation commission last week, in
| which he severely attacked General Miles,
was made public at the War Department to-
| night. The court is made up Of army Off
! GERS, of whom Major General Merritt is at
| the head and a judge advocate, and it is
| to meet in this city on Wednesday, the 25th
| inst, or as soon thereafter as practicable,
| this qualification being necessary because
number of the members are at distant
| points and will require some days to adjust
| their affairs and reach the city. All the
| officers composing the court, save one are
| from the regular army, number of whom,
| however, during the war accepted volunteer
| rank and still hold those commissions Maj.
| Gen. Butler is the only one who is not con-
| nected with the regular army. Adjutant
| General Corbin returned early in the even
| ing from his trip to New York, where he
| went to witness the departure of the trans
| port Grant for Manila, and came to the
| War Department about half past o'clock.
He then signed the formal order promulgat-
| ing the detail for the court, which is as fol-
| lows:
The following order is published for the
| information and guidance of ali concerned:
BY direction of the President, a general
| court-martial is appointed to meet in this
| city at 10 o'clock a. m, on Wednesday, the
| 18th day of January, 1899. or as soon there
after as practicable, for the trial of Brig
| Gen. Charles p. Eagan, commissary general
| Of subsistence United States army, and such
other persons as may be brought before it.
| Detail for the court:
| Maj Gen. Wesley Merritt, u. S. A.
Maj. Gen. James F. Wade, U. S. Vols.
Maj. Gen. Matthew C. Butler, U. S. Vols.
Maj. Gen. Saml. B. NJ. Young, U. S. Vols.
BRIG. Gen. Royal T. Frank, Z. S. Vols.
Big. Gen. Alas. c. New. Pennington,
| U. s. Vols.
Brig. Gen. Geo. M. Randall, U. S. Vols.
Brig Gen. Jacob Kline, U. S. Vols.
pig Gen. Richard Tomba, L. S. Vols.
"Col. Peter c. Hains, Corps of Engineers.
'Col. G. l.. Gillespie, Corps of Engineers.
"Col. Chas. r. Suter, Corps of Engineers.
"Col. Francis L. Guenther. 4th Artillery.
Lieut. Col. George B. Davis, Deputy
| Judge Advocate General, judge advocate of
| the court.
Sc The court is empowered to proceed with
the business before it with any number of
scribed by law. Upon the final adjourn
ment of the court the members will return
| to their proper stations.
"'R. A. ALGER, Secretary of War
1.-THE journeys required of the members
of the court in complying with this order
are necessary for the public service.
by order of the secretary of war:
III. c. CORBIN, Adjutant General"
The officers of the court are now located
as follows: General Merritt, at New York;
| Generals Wade and Butler, at Washington;
General Young, at Augusta; General Frank,
at Anniston Ala: General Pennington, at
Atlanta; General Randall, at Greenville, S.
| c.; General Kline at Athens, Ga; General
Comba. at Huntsville, Ala; Colonel Hams,
at Baltimore; Col. Gillespie, at New York;
Coonel Suter, at Boston; Colonel Guenther,
at the Washington Parracks, and Lieut.
Col. Davis at West Point
EAGAN TO BE RELIEVED OF DUTY.
General Corbin stated that the order for
the appointment of the court-martial would
be delivered to General Eagan either to-
night or tomorrow morning. This, it is eX-
pected, will be done by officer or an en-
ploye of the adjutant generals office. It's re-
ceipt and acknowledgement by the commits
sary general will be tantamount to the re-
lief of that officer from his present duties,
and he will turn over its affairs either to
! some one designated to act by the secretary
Of war or to the officer next in charge in
the department Lieutenant Colonel George
B. Davis of the commissary department,
is now on duty with General Eagan and it
may be that he will be detailed to take
charge of the office.
If the course indicated by an officer of the
adjutant generals Office tonight is followed
the probability is that General Eagan will
not be placed under actual arrest and de-
prived of any of his liberties pending and
during the trial, but will be subject only
to constructive and technical arrest during
that time. In the case of officers of high
rank this is occasionally, but not often,
done, and this course does not in any way
invalidate the trial or findings of the court.
General Eagan will be expected to remain
away from his office and make himself in
conspicuous until his appearance before the
court to answer the charges, when he will
be placed under constructive arrest to re-
main so during its proceedings This is
believed to be sufficiently carrying out the
intent of the law for all practical purposes.
and may be allowed in the case of an Off
Ger of the general rank who has borne a
good reputation. Were the defendant a
younger officer of an obstreperous character
and in the field with his regiment the usual
course of placing him under arrest and de-
priving him of his sword would no doubt be
followed. While the above is believed to be
a general outline Of Secretary Ayers idea
of what should be done, yet no positive
statement to that effect has been made. and
it may be subject to change
Adjutant General Corbin refused tonight
to make any statement regarding the form
OF the charges and specifications to be