Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-28

! liberty TO consult me. He felt that ne
was restrained from doing so, however,
on account of the friendly relations ex-
/ listing between myself and Gen. Miles,
| and the latter's family. Gen. Eagan
! said he felt it might impair our rela-
| tions."
Major S. C. Miles. the recorder of
the war investigating commission, was
| recalled and in answer to inquiries
said that so far as he knew the order
Of the President granting immunity
to witnesses before that body had not
beer reduced to writing.
At this point the judge advocate read
THE PRESIDENTS ADDRESS
on the assembling of the war investi-
eating commission, which, however,
was unsigned, and the witness was
asked whether any other instructions
had been given. He replied that there
had moi. The witness was present at
the meeting between the ? 'esident and
the members OF the war investigating
commission. The witness said: "The
matter of immunity for witnesses
came up. I think it was called up by
Mr.. Dodge, and the President said that
the witnesses who should appear be-
fore the commission could do SO with
out any fear of punishment or perse-
cution."
MI. Russell A.. Alger, the Secretary
of War, was next called to the witness
| stand. He said that he recalled a con-
| versation he had with Gen. Eagan
shortly after Gen. Miles had given his
testimony. Gen. Eagan came into his
office in an excited state of mind and
said it was his wish to prefer charges
against Gen. Miles for what he had
said. 81 told him." testified Secretary
| Alger, that under the Presidents or
der granting immunity to officers who
testified before the commission he could
not do So"
Q.-N1r. Secretary, did you receive
any instructions from the President on
this point?
Ale said to me immunity had been
granted to witnesses.
Gen. Alger was her excused, the
members of the court rising to their
feet as he withdrew.
Col. Alexander and Col. Davis were
recalled and said that never during
their acquaintance with the accused
had they known him to use vulgar or
p~rofane language. He always had been
correct and clean in speech and never
had they known him to use such Ian
guage as was used in his statement be-
fore the wal commission.
DR.. William E. Hopkins, Gen. Ea-
gan's ~sOn-in-law, was called. He
came to Washington after Gen. Miles
had given his testimony and lived at
the generals house. He said he then
observed that Gen. Eagan was very
restless and nervous and could not eat
normally nor sleep normally. At the
table he at times would stop eating
and apparently would lose himself in
thought. He was intensely nervous,
and showed signs of congestion of GER
tain parts of the brain. Witness had
had long talks with his wife about her
father, and he had told her that her
father must be carefully watched and
that they must be prepared for any
thing. Gen. Eagan's mind
WAS NON-RECEPTIvE
at this time, and the witness believed that
something very serious might happen.
Gen. Eagan, witness added, was in a
gloomy frame of mind in consequence of
the things that had been said about him.
He felt that his honor was destroyed and
that he did not want to see people. Gen.
Eagan, witness further testified, did not
want to go into a street car and was
ashamed to meet anyone and keenly felt
his disgrace. The general felt that Gen.
Miles had destroyed his honor and tina
his life work was destroyed. In all the
time witness had known Gen. Eagan. wit
ness had not known him to use such Ian
guage as was used in his statements.
Mrs. Hopkins, the daughter of Gen. Ea-
gan. was the next witness, Gen. Eagan's
counsel explaining hat he called her
against the wish of her father and hus-
band, and only because her absence from
the trial might be remarked upon. She
said her father came home one afternoon
and standing in the doorway with a paper
in his hand, exclaimed: General Miles
has c~ruciied me" She said she could
never forget that scene, and said thai
since the time her father had been a
greatly changed man. He could think of
nothing else nor talk Of nothing else than
that Gen. Miles had ruined his life. He
was from that time on in an alarming con-
dition and when witness was compelled
TO go to New York she had returned al
most at once TO help care for her father
Mr.. Worthington at this point read Gen.
Eagan's military record from the army
register, and also read an interview with
Gen. Miles printed in a New York news
paper soon after he had made his state
ment before the war commission, as the
conclusion of which the defense rested it's
case.
Mr.. Worthington after recess began the
argument for the accused opening by say
ing that he commended that by the law of
this country, civil, criminal or military,
the defendant could not be called to &C
count for what he said before the war in
v~estigating commission. He quoted from
a member of high authorities to show tina
if the words spoken We're pertinent and