The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-26
Accused Pleads to the Charges Which Were
Preferred Against Hin.
Answers Not Guilty to the First,
That of Conduct Unbecoming an
Officer and a Gentleman, and
Guilty to the Second, That Of
Conduct to the Prejudice of
Good Order and Military Disci-
pine.

CT al SudIleS T. EdSdH, OOiIliulSSdfy :
General of Subsistence, charged with
conduct unbecoming an officer and a
gentleman, and of conduct to the pre-
JUDGE of good order and MILITARY dis
cipline, in connection with his testi-
mony before the War Investigating
Commission, met in the red parlor of
the Ebbitt House at 10 o'clock this
morning, and almost Immediately pro-
ceeded to the business in hand.
The Court consisted of Major General
Wesley Merritt, U. S. A; General James
S. Wade, us. "; Major General M. C.
Butler, U. s. "; Major-General S. B..
M. Young, U. S. w.; Brigadier- General
Royal T. Frank, U. S. "; Brigadier-
General George A. Randall, u. S. ";
Brigadier General Jacob Klein, q. S.
"; Brigadier- General Richard Comb,
U. S. "; Colonel Peter G. Haines, Corps
of Engineers; Colonel George l.. Gill
lespie, Corps of Engineers; Colonel
Charles c. Ruter, Corps of Engineers;
Colonel Francis L. Guenther, Fourth
Artillery; Lieutenant George Davis,
Deputy Judge Advocate General, Judge
Advocate of the Court.
The members of the Court, who ap
peared in full dress uniform, were seat
ed about a long table placed lengthwise
of the room, General Merritt, the Pres
ident of the Court, occupying the seat
at the head.
At just 10 o'clock Colonel Davis called
the roll of the Court, all the members
responding to their names. AS he con-
cluded, General Eagan appeared with
his counsel A. S. Worthington, for
merly United States District Attorney,
for the District of Columbia, and took
seats near the Judge Advocate, at the
foot of the table. General Eagan also
wore the dress uniform of his rank.
Almost Immediately Colonel Davis
arose, and proceeded to read the or
der converting the Court.
The Judge Advocate, when this was
concluded, turned to General Eagan
and inquired whether he objected to
any of the members of the Court as
designated by the order.
General Eagan replied: II do not"
The members of the Court then arose
and took the usual oath.
The charges and specifications were
then read.
During these preliminary proceed
ings General Eagan exhibited no signs
of nervousness, but the expression of
his face and his manner clearly indi-
Gated that he realized that the trial in
volved consequences to him of the
gravest character While he stood lis
tening to the charges and specifications
his face seemed somewhat paler than
usual. and at the conclusion of the
reading, on being requested to plead
to the specifications to the first charge,
he said:
mot guilty" not denying, however,
that the specifications set forth cor
rectly part of the language used.
To the second charge he pleaded
guilty"
The Judge Advocate then arose and
said that the case in hand was a pc
culiar one, but presented no unusual
difficulties. The accused had to add
to his plea of 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.
Judge Worthington responded briefly,
and explained why the qualifying words
had been used upon his recommended
ton. The specifications did the ac-
cused great injustice, in that it selected
particular expressions without giving
the context, and in one or more instan-
ces the specifications quoted being
in the middle of a sentence.
Continuing, Mr.. Worthington said
that he desired to state briefly to the
Court the substance of General Eagan's
defense Whatever said he, the Court
may think of the propriety of the IAN
guage used by General Eagan before
the War Investigation Commission,
there was no doubt in his (Worthing-
ton's) mind that he was fully protected
in using that language by the laws Of
the land. In no Court, civil or mill
tary he said, could the accused be held
accountable for his language even if
it could be shown that the speaker was
actuated by malice. In addition to
this, the President of the United States
had Instructed the War Investigation
Commission to announce publicly that
witnesses before the tribunal would be
given immunity from whatever they
might testify to. This was a solemn
promise given by the President of the
United States, and counsel had no
doubt that the Court would find that
General Eagan could not, under the
circumstances, be held to answer be-
fore a 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 serious and sweeping
charges against many of his subor-
dinates, and particularly against the
Commissary Department of the army
He had charged General Eagan with
being incompetent and neglectful of his
duties, and had theoretically charged
him General Eagan) with issuing poi
soned meat to the soldiers of the army,
and had averred, that many had died in
consequence. He had also implied .hat
General Eagan went to the Secretary
of War and asked leave to bring
charges against him. General Alger
had replied that under the President
order of immunity General Miles could
not be held responsible for his language
before the committee.