The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-18
Not Yet Decided On, But Genera
Merritt May Preside.
THE PENALTY IS A SEVERE ONE.
n the Court Finds Him Guilty They
Can Only Sentence Him TO DISMISS
al from the Army, and His Only
Hope Would BE i'm Executive
ClcmcnCy- -ISagan Has
Many Callers


To-day announced TO tho Cabinet shortly
after it assembled for its regular Tues
day session. that he bad decided TO order
a. court-martiM TO Try Commissary-Gen-
cral Eagau for tho abusive and violent
language Doe had used rcpccung Major
General Miles. while on tho witness stand
before the War Investigating Commits
sion. last Thursday. Evor since the sen-
sauona event the President has been
carefully dclbcrating over the matter
and has had frequent consultations with
army officers and others regarding ihe
steps trat should be taken, for Dee was
convinced at the outset that the question
for consideration was what action should
be taken. and not whether amy disciph-
nary measures al all, that ne should
take some action was vigorously argued
at tho last session After the last ses-
sion hc held 81 conference with The Sec
rctary of War and Adjujtant-Gencrh
corbn 70 was decided TO discipline Gen'
Crai Eagan for his uttcrancos.
At the Cabinet meeting to-day the Pres
idcut said hc had decided that there was
only ono course 10 adopt. and that was
TO order "a court-martial at once TO try
General Eaean.
Tho decision, which was reached only
this morning. notwithstanding the re-
ports that the decision had been made
yesterday. met the unanimous approval
of the Cabinet. Three of the President 8
official advisers. Secretary Algcr Secre-
t8ry Wilson. and P0stmastcr-G General
Emory smith were absent. but I'm each
case thei- views are known 90 coincide
thoroughly with the Presidents.
SECRETARY TO ACT
Details u the action were left with
the Secretary of War. who had with
drawn just prior 90 the session 20 return
20 the War Department 10 put in motion
the machinery for the convening of the
court While 30 was not definitely stated
after the Cabinet meeting what specih-
cations would Doe made against General
Iapan. it IS understood that the specific
charge on which he will be tried will
be conduct unbecoming am officer and q
gentleman. The personnel of the court
WAS not taken mp. that phase of the ac-
tiDn being held 90 be not "a Cabinet mat
tor huf ono that rested between the
President and the Secretary Of War.
General Wesley r.. Merritt formerly
commander-in-chicf of the Philippines.
has been mentioned ass likely TO preside
over the court. and 90 Cabinet member
said that he would not be surprised at
General Mcrrtts selection.
Contrary to- general expectation. no an
uOuncement of thc personnel ot the court
was made at the War Department mp 10
the close of business this evening
Secretary Algcr is going 90 New YORK
go midnight $50 unless Dec acts upon this
matter before his departure, therc may
Doe "a delay until his return.
The fact that Secretary Alger was not
present at the Cabinet meeting was selz-
el az once as sign of trouble in the
Cabinet and soon the usual rum1r OF
discussions and an intention ON the part
of the Secretary to resign was alloat
There was no foundation for these IN
fact. and Secretary Ayers colleagues
promptly and cmphaticaly denied them
as soon as their attention was Drawn TO
them.
THE COURT.
I'm the absence of the announcement
of the detail for the court martial, there
was a good deal of speculation as to It's
composition. The mention of General
Merritrs name as president Of the court
was due TO the fact that he is the only
available Major General of the regular
army. the others being General Brooke
in cuba and General Miles here neither
regarded as available. The friends OF
General Merritt are hoping that he VIII
not be selected. fearing that he viii pe
both sides. The penalty for the oftense
ON which General Eagan probably will
be tried-conduct unbecoming an officer
and a gentleman. SIS one of the most
severe known in the army, being dismis-
SAL
Article 81 reeds as follows: ANY Off
Ger who is convicted Of conduct unbe-
coming an officer and gentleman. shall
bc dismissed from the service" If the
bal ffs.I al fH
even with extenuating circumstances,
they must attach this sentence, and then
the only hope of the officer would be in
the exercise of clemency by the Prssi-
dent
NOT MILES SAY.
Just prior 10 the Cabinet meeting Cen
eral Miles made rather unusual call
unon TWO of the members OF the Cabinet.
Secretaries Hay and Long. lie had Just
returned 20 the city from New York and
when spoken TO with reference 20 the
Pagan case. adhered 10 his original de-
claration that this was not time for
him 90 act II at all Leaving the impi-
cation that IF the commission did not
at or the administration. II would tneD
be time for him 20 take some sep.
The C0mmIssary General was on duty
as usual az his Office and business vas
apparently going along in the usual way,
although IL was noticed that there were
more callers upon General Eagan OF the
official class. namely. officers Of his own
corps than Is usually the case. Prior to
the Cabinet meeting hs said that he was
prepared 30 accept Loyalty whatever ac-
tiOn the President might decide 10 take
Al.GER CONFIRMS TT.
Secretary Algor tonight confirmed the
announcement made by members OF the
Cabinet to-day that court-martial for
the trial OF Commissary-Genc Charles
j. EaRan would be ordered lie made
this statement as he was leaving the
white House with Adlutant-General Cor
bin after "a conference OF half an hour
with The President
As 90 the charges 20 be preferred against
the Commissary General the Secretary
declined to say anything. nor would he
talk respecting the personnel OF the court.
adding that this would he announced
tomorrow night about o'clock
General kagan has not yea been re
tleycd OF his duties in anticipation OF