The San Francisco Call. Newspaper, January 28, 1899, Page 5

THE SAN FRANCISCO CALL, SATURDAY, JANUARY 28, 1899 EAGAN DOOMED TO DISMISSAL FROM THE ARMY Court-Martial Finds the Commissary General Guilty of the Charges Preferred. NEW YORK, Jan, 27.—The Herald’s Washington correspondent sends the follow- “And the court did thereupon sentence him, the said Brigadier General Charles P. an, commissary general of subsistence, to be dismissed from the military service of the This, I am reliably informed, is the closing paragraph of the court-martial record of General Eagan, which has been prepared, and to which Major General Merritt, president of the court, and Colonel George R. Davis, judge advocate, will attach their signatures to-mor- He was found guilty on both charges, “conduct unbecoming an officer and gentle- man,” and “conduct to the prejudice of good order and military discipline.” Having been found guilty of the first charge, the court, in accordance with article of war 61, had no other alternative than to bring in a sentence of dismissal. journed to-day the sentence was not accompanied by any recommendation for clemency, and it is not now considered likely that any such recommendation will be made when the record ency, and it is believed by many officers that in view of General Eagan’s mental condition the President may mitigate the sentence of dismissal to one of suspension. The record of the court will be formally submitted to Secretary Alger to-morrotv and by him referred to the judge advocate general for review. Several days will elapse before the findings are sent to When the court ad- It is still within the power of the President to exercise clem- pass upon them. ., e L J ® T < » Inited States. [ o ° row. o ® ® [ b4 ; e 5 formally signed to-morrow. ¢ ® ® ® the President, who will finally e 00000 60000 WASHINGTON, —The first witness before the irt-martiai as David R. McKee of this city, for years the agent of the Asso- ciated Press. During the period be- een the time General Miles gave his > the War Investigating on and the day on which ien- his statement the two or three times, orn and much preoc- made v _him cupied McKee said that the im- pression General gan then made upon him that he had become in- sane. R. A. A Secretary of War, was next called to the wi stand. He said that he recalled a conversation he had had with G ral Eagan shortly after General M had given his testi- mony. General Eagan came into his ice in an excited state of mind and said it-was his wish to prefer charges against General Miles for what he had said. told him,” testified Secretary at, under the President's Alger, order granting immunity to officers who tes- tifie before the War Investigating e could not do so.” retary, did you receive any from the President on this that immunity had es.” xander and Colonel Davis ecalled and said that never, dur- heir acquaintance with the ac- had they known him to use r or profane language. He always been correct and clean in speech had th known him to use E lage as w used in his state- s before the War Commi: W Hopkins of ( Y General Miles had given his tes- 1y and lived at the general's He said he then observed that reral Eagan was very restless and r s and could not eat normally or sleep normally. At the table he would at times stop eating and apparently lose himself in thought. He in- tensely nervous and showed signs of cor stion of certain parts of the brain. ness had had long talks with his wife about her father, and he had told r that the general must be carefully they must be pre- ieneral Eagan's was non- at this time, the witnes ieved that some- g very serious might happen. He was, the witness add in a gloomy of mind in consequence of the 1ings that had been said about him. He felt that his honor was destroyed | and he did not want to see people. Gen- er gan, witness further testified, | did not want to go in a street car and | was ashamed to meet any one, and kéenly felt his disg The general | said that General Mil had destroyed | his honor and that his life work was | ruined. In all the time the witness had | known General Eagan he had not | to use such language as | known him en >d in his statement. the daughter of Gen- | , was the next witness, Gen- | agan’s counsel explaining that called her against the wish of her ther and husband, and only because her absence from the trial might be re- marked upon. She said her father came afternoon, and, standing in vay with a paper in his hand, “General Miles has cruci- The witness said she could ne. and added that that time her father.had been a atly changed man. He could think nothing else nor talk of anything clse thanithat General Miles had ruined life. He was from that time on in arming condition, and when wit- exclaimed: fied me.’ never forget that sc sinc almost at once to e for her father. argument for the defense. At- Worthington called attention to President’s public staterflent that torne; the witnesses we given immunity, and decla this guarantee was claimed accused. Under the cir- cumstances, he insisted, General Eagan ctly protected against any re- ch have been forced upon this court. He had been ac- 1 of a heinous erime, and in his statement to the commission had de- ded his honor and innocence, as he had a perfect right to do, but using stronger language perhaps than he should have used. Worthington next quoted from authorities to show that to convict the accused of conduct un- becoming an officer and a gentleman, the offengse must be such that any brother officer who should. after his conviction, take him by the hand or visit his home, or be on Intimate terms with him, would thereby render him- self disgraced and unnt to associate with gentlemen and men of honor. The indorsements of several high reviewing officers in the United States army. on the findings of courts martial, were quoted as showing that the offense mrust be exceptionally heinous and such as would unfit the accused for associa- tion with right-thinking men. One case cited was that of an officer who struck another who was a cripple, and called him a liar. General Sherman. who re- viewed the case, disapproved the find- ings of dismissal of the court and said. him by in effect, that this penalty should not _lthnut into another. It was a colorlgun | tion of 'the officef as properly subjecting | embalming in Swift's slaughter-house | him and a large party of doctors who 006000090000 60000000000 COMMISSARY GENERAL EAGAN, 00 0-0-00000000600000 COMPROMISE ON THE ARMY BILL Chairman Hull to Offer Amendments. OPPOSITION TO BIG INCREASE | CAUSES THE ORIGINAL PLAN TO BE ABANDONED. Modification by Which It Is Proposed to Empower the President to Gradually Add to the Forces. ‘Speclal Dispatch to The Call WASHINGTON, Jan. 27.—The oppo- sition to the army reorganization bill on the Republican side of the House has become so strong that to-day Chairman Hull, after Henderson of | Towa, one of the floor leaders of the majority, had threatened to vote to re- commit the bill, decided it would be | wise, in order to secure its passage, to abandon the idea of providing directly for a regular army of 100,000 men. He announced on the floor that the com- mittee would offer amendments to re- | duce the number of enlisted men to about 60,000, but lodge in the President’'s discretion the authority to increase the | army to a maximum of 100,000. | These amendments have been pre- | pared. They provide that the Presi- dent, in his discretion, enlist only sixty men in the companies and sixty in the cavalry troops. By the terms of the bill there are to be thirty infantry reg- iments of ten companies each, with a strength of 145 men, and twelve regi- ments of cavalry of ten troops each, with a strength of 106 men. This dis- cretion, if the President would exer- cise it, would reduce the number of en- listed men about 31,000 and practically leave intact the organization provided in the bill so far as officers are con- cerned. How far this proposed modification will allay the opposition remains to be seen. Johnson of Indiana, who took a prominent part in the fight to-day after the general debate closed, de- clared that the purpose of the bill was | to have an army of 100,000, either by direct authority or the exercise of the President’s discretion, and he declared his purpose to fight to the bitter end the machinery which was being forged for a colonial system. Henderson in the course of the de- bate to-day declared his belief in the unwisdom of annexing the Philippines. Johnson said the vital mistake was made when the President instructed the Peace Commissioners to demand the cession of the Philippines. The | whole debate to-day was spirited and | so intense was the struggle when the | bill was taken up for amendment under the five-minute rule that the first sec- tion had not been completed when the House, at 5 o’clockk, took a recess. PLATT OF NEW YORK SPEAKS FOR EXPANSION WASHINGTON, Jan. 27.—Particular interest was manifested in the Senate to-day in a brief speech delivered by Senator T. C. Platt of New York on the general subject of expansion. This was the first speech Platt has delivered in | the Senate since his return to the body. He took strong ground for the ratifi- cation of the pending treaty of peace. A resolution was offered by Sullivan of | Mississippi, declaring that the ratifica- tion of the treaty should not commit the Government to a colonial policy. The pension appropriation bill, the sec- ond of the general appropriation meas- ures, was passed after some debate. B Bishop Montgomery of Los Ange- les has a sermon to the workingmen of America, in next Sunday’s Call. be imposed except the offense unfitted the perpetrator for the soclety of gen- tlemen, and while he regarded the ac- ; o v CANNIBALS ON A S him to a severe penalty, vet the ex- treme penalty of dismissal should not be imposed. Judge Advocate Davis closed the ar- gument and the court-martial took the case under advisement. DR. CHRISTINE SAW EMBALMING PROCESS NEW YORK, Jan. 27.—A Philadelphia special to the Herald says Dr. G. Max- well Christine, a prominent homeo- pathic physician of this city, saw the process of what he believes was beef Q0000000000000 COO000000 cannibals of New Guinea. The M: miles from the cape. Greene, escaped. The sailors were stripped and at Omaha last June, which surprised had gathered for the feast. were with him. Dr. Christine was a del- egate to the National Homeopathic Medical Association, which held its an- nual session in Omaha during the ex- position period, and accepted an invi- tation tendered its members to visit the Swift slaughter-house. Dr. Chris- tine made this statement to-night: “An employe thrust into each piece of meat a canula or steel skewer with a hole running through it. This was attached to the end of a hose, which children of the tribe. Greene was nessed turned his hair snow white. VANCOUVER, B C, Jan. 2T.—After escaping death by drowning, eleven of the crew of the ship Manbare were captured and eaten by tralia, when it was caught in the terrible gale of December. Cape Nelson it began to sink. The crew, eighteen all told, left the vessel in two boats #nd soon became separated. One boat containing twelve men was finally thrown ashore ten The sailors were seized by natives from the interior and hurried off to the village of the chief. wild orgie was participated in by at least a hundred savages, who In several cases the sailors were tortured by the old women and The eyes of one were gouged out. men stoically watched the elaborate preparations for their death. A huge pot filled with boiling water was used for the feast, which, on the first day, was prolonged away into the night. In most cases the men were beheaded, their heads beipg stuck on poles and paraded before the men 'vho were to suffer the/same fate. rescued by a steamer, after tramping without food a day and a night to reach the coast.. The scenes of horror he had wit- CC000C000000000000000000000000000 FEAST HIP’S CREW nbare was bound for Sydney, Aus- Near One man, James bound and killed, one each day. A The doomed COC0000000000000000000C000 PET DOG CAUSES d CHILD’'S DEATH TACOMA, Jan. 27.—While playing with her dog along the bank of Carbon River yesterday morning, near Fairfax, the 9-year-old daugh- ter of Michael Herman, a coal miner, was knocked into the river and drowned. The body has not been recovered, and may never be, be- cause of & rising flood in the river. The accident was a very peculiar one. The girl was running along the bank playing with her dog Rover, which had been her playmate for several years. During an attempt at an exuberant manifestation of good will and playfulness, the dog caused the child to lose her balance, and she fell down the sloping bank to the waters of the river below, at once sinking from sight. The dog seemed to understand what had happened. for he instantly began howling in plaintive tons. He jumped down the river bank and stood on the edge of the stream, looking wistfully into the water. Had the child appeared above its surface there is little doubt that the dog would have swum out and rescued her. No trace of her appeared, for she was undoubtedly swept under by the swift glacial stream. The dog's howling attracted the attention of Mrs. Herman, who had seen the child and dog romping along the bank only a minute before. Going to the river, she saw at once what had happened, and summoned help. All «iforts to recover the body have proved fruit- less. Q39808280800 080008 0800020 an Rt RtRninRt g PRl R R R BRI NEL nLRNNRRRNN supplied a fluid pressure. A drip pan | liquid, the character of which I do not caught the fluid as the canula was | know, but I believe it was a preserving pulled out of one plece of meat and |liquid. “Whether or not this beef was des- tined for the army or navy T cannot say. The physicians in our party were taken rapidly through the big slaugh- tering establishment and had little op- portunity to learn the detalls of the operations which they saw going on around them.” Rumors of Eagan’s Wealth. ‘When' General Eagan was giving his testimony at the court-martial in Wash- ington his attorney asked him if he had ever recelved any profit or benefit out of the large contracts he let for army sup- plies. The general answered: “No, on my honor and before God, not 1 cent of profit did I ever receive; and yet my office dis- bursed millions of dollars: and T am now so poor that I cannot even pay your fee.” It would seem from the foregoing state- ment that General Eagan is almost pov- erty stricken, or at least he desires that impression to go abroad. There are men in this city who could never be convinced that General Bagan is a bankrupt. His son, Charles E. Eagan, is reputed to be uite wealthy. He is treasurer of the gLu Coffee Plantation Company, an enor- mously wealthy corporation, owning sev- eral thousand acres of fertile land in the vicinity of Hilo, Hawaii. Young Egan is said to be one of the heaviest owners of stock in the company. Rumor has it that General Eagan re- celved $100,000 not long ago from a wealthy California bonanza King. The general is said to have invested the money in his wife’'s name in a coffee plantation in Hawall. UNIVERSAL JUBILEE. LONDON, Jan. 27.—Pope Leo, according to the Rome correspondent of the Daily Chronicle, contemplates a universal jubi- lee in 1900, to mark the opening of the twentieth century. g, APA, Jan. 27.—Jesse Walters was held to answer without bail to- day by Justice William Brad- ford for the killing of Alfred Cook. An information charg- ing him with murder was filed against him later in the Superior Court by District Attorney Bell, and his ar- raignment was fixed for 10 o'clock to- morrow forenoon. Preparations were at once commenced by the attorneys of the accused for habeas corpus pro- Courtroom Scene During the Hearing of Jesse | JESSE WALTERS HELD FOR TRIAL I will say this: You think I dldn’t ufiz|checked by his Honor, derstand what you meant, but I un- derstand a good deal more than the law- yers about this and other things. If 1 hold this man to answer I must hold him by the evidence before me, and | by nothing that I know .about the per- sons or things connected with this mat- ter, whether it be the testimony given be- fore the Coroner’s inquest, the Coroner’s verdict or public opinfon. 1 must hold him only by what has beer shown in evi- dence before me. I don’t care for what the Supreme Court may have said a hun- dred years ago. If I should hold Mr. Walters under the Walters at Napa. ceedings before Superior Judge Ham | to-morrow to obtain Walters’ release | on bail. | The case of ex-Sheriff McKenzie, charged with having been an accessory | with Walters in the murder of Alfred | Cook, came up on preliminary examina- | tion before Justice Bradford in the af- | ternoon. It was continped until Wed- | nesday next, to give the accused time to arrange for the services of George A, Knight. ‘When the court convened this morn- ing Attorney Beerstecher asked for a | continuance on the ground that Mrs. | M. Ray of San Francisco, one of the | most important witnesses, was too ill | to attend. District Attorney Bell op- posed the motion, and in arguing for it Beerstecher with some heat charged h adversary with trying to run the case from end to end—the prosecution, the Judge and the defense. This Bell de- nied with equal show of feeling. With- out making any ruling on the question of a continuance the Justice. delivered himself thus: I have read the testimony taken at the Coroner’s inquest. I have read all the evidence taken in that proceeding, an. | have read the verdict of the Coroner’s | jury, and I know what the evidence was | before me vesterday morning. It was | simply a rehash of the evidence given to | the Coroner’s jury and a poor one at that. It is no evidence to me. It is no evidence by.which I can hold the prisoner. The District Attorney objected to the tetstimony of the last witness, and I ruled that it was not the time after you (mean- | ing the District Attornev, .had your la witness on the stand to object to the evi- | dence for the defense. When you said’| “we will rest our case” then you deprived | the defense of a chance to be heard. | dence on behalf of the defense. evidence I have now, and the Superior Court should be apoealed to for a writ of habeas corpus, he would be released. Now, ou know what 1 think about it. I state this not as a lawyer, but as & man of com- | mon-sense. There is not evidence enough before me to hold Mr. Walters. I want | some evidence outside of what I know of this case before me. Attorney Beerstecher took prompt ad- vantage of the opening made by the | court. | “If your honor please,” he said, “In| order to facilitate this matter, and as the District Attorney is very anxious not tu have a continuance in the mat- ter, and as the District Attorney has stated to the court that he rested his case, and as his case is therefore closed absolutely for the purposes of this ex- amination, we will also rest our ca and have decided to produce no evi- I ask the court to make your order, whatever that may be, whether you will hold the defendant or not.” District Attorney Bell asked the priv- ilege of arguing the matter efore the court made his order and the Justice agreed to hear him, but not before he had freed his mind of the following sentiments: You have not satisfied my mind that T would be justified in holding the defend- | ant. It appeared to me that you acted toward the defense as if yvou had sald, “We have got you in a hole and we will keep you ther I refer to the manner in which the witness Grigsby was turned | | over to the defense. Whatever I think of | the guilt or innocence of the defendant, I can’'t go against my conscience. I don’t think the defense has had a fair show. Bell argued the matter for nearly an | hour. Beerstecher followed and at- tempted to quote some law for the in- formation of the court, but he was VILLAGES NEAR ILOILO DESTROYED BY INSURGENTS Special Cable toThe Call and New York Her: Copyrighted, 1899, by James Gordon Bennett. fifififlfififlfififififis}fluflhfifififififififififififififinfina MANILA, Jan. 27.—There is no The Fifty-first Iowa Regiment is Sixth Artillery remain at Iloilo. sult with Aguinaldo. prietors and lodting estates. Manila is quiet. island of Mindanao is overrun by centrated at Samboagan. pag=gugagugaFegugegegeFeFaRayol sylvania and will arrive to-morrow. A native commission from there comes on the transport to con- Influential nafives wish the Americans to land. The rebel army is objecting and wants to loot the town. ready burned several villages near Iloilo. islands of Cebu and Negros are reported to be attacking land pro- The general health of the troops is good. illness on the transports at Iloilo. returning to Manila on the Penn- The Eighteenth regulars and the It has al- The lower classes on the The Chimoros. The Spaniards are con- VROOCAOVOO0LVDONL NEW YORK, Jan. 27.—The Washing- ton correspondent of the Herald sends the following: “Situation improving. ment prevailing.” These two sentences were read to me late this afternoon by Secretary Alger from a dispatch received from Major General Otis containing about 500 words. The Secretary added that Gen- eral Otis’ advices were very encourag- ing and another Cabinet official with whom I talked declared his conviction that the pacificatory policy of the ad- ministration would win the day. “The policy of the President will not be changed,” he continued, “until after the ratification of the treaty of peace.” Secretary Alger ridiculed to-day the story published this morning showing the administration had intercepted a dispatch sent to the Philippine junta at Hongkong by Agoncillo and it was un- able to find any official of the admin- istration who knew anything about it. It was reported this afternoon that the administration had determined to prevent his messages reaching Manila and that General Greely, chief signal officer, had Instructed Colonel Thomp- son, signal officer at Manila, to prevent Agoncillo’s alleged dispatch reaching the insurgents in Luzon. A high au- thority, denied that any such dispatch had been sent. A message was sent to Colonel Thompson by General Greely relating to stricter censorship to be im- posed, but I was told the name of Ag- oncillo was not mentioned nor was any reference made to .the dispatch which he is alleged to have sent to Hongkong and which the Government is said to have intercepted. s The President is determined not to institute any proceedings against Ag- oncillo at this time and thus create for Less excite- him in this country sympathy which-he does not deserve. It is also pointed out that his arrest and deportation might precipitate trouble in the Philippines. But his immunity at this time does not extend beyond the day when the treaty of peace is ratified. At present Agoncillo is a Spanish subject and an armistice exists which prevents the Government operating against Spain or her subjects. When the treaty of peace is ratified his nationality becomes American and should be commit any acts of an incendiary character he may be tried by court-martial and suffer the extreme penalty, death, if his offenses should be of sufficient gravity. I un- derstand the authorities considered the advisability of sending him his pass- ports, but they were fearful that this might be construed as recognition of his diplomatic capacity and it has been de- cided to ignore him for the present at | least. In the meantime sharp surveil- lance will be maintained. — IN ALGER’S OFFICE| WASHINGTON, D. C., Jan. 27.—Se- cret service agents of the Treasury De- partment are carefully watching the members of the Filipino junta in Wash- ington. A detective visited The Call's ‘Washington office a few days ago to secure certain pictures of these Fili- pinos, printed in that paper when they arrived in San Francisco. Just why they wanted this picture is not appar- ent. ' The startling report was in circula- tion this afterncon that the Philippine Junta here has in its employ at a high rate of remuneration an official in the ‘War Department, who keeps Agoncillo posted in reference to army matters concerning the Philippines, the infor- mation recelved from General Otis, and the prospective operations there of the erioan troops. g/ f § Al who paid this eulogy to the Supreme Court: 7 I have my private opinion of the Su- preme Court. You can read twenty de- cisions on your side of the case and Mr. Bell can read twenty on his side. It don’t make any difference to me what the Supreme Court’s opinmions are; I simply 7)) W— an /4/,!"1 i s obey them as law. They make no impres- sion on me as a man. I have my own opinions. Bell concluded the argument and this was the rather unexpected decision of the court: 1 do my duty as a committing rate. I want to say this: I be- from the law I am_obliged to hold defendant to answer, but Mr. Walters has had no chance for a defense. 1 say that it is the fault of the law. It is not the fault of the District Attorney and not W _is not and 1 say that under the ed to hold Mr. Walters to all against my sense of de- and fairn hold him Mr. William Bradford answer. cency, justi e according to law. does not hold him to ans d that the defendant be admitted to bail, which was opposed by Bell. Here the court again found an_opportunity to make a faux pas, and did not neglect it. “Under the decision of the Supreme Court,” said his Honor, “I refuse to ad- mit Mr. Walters to bail. I am for it, but I am obliged to do it according to law, although as Mr. Bradford I be- lieve the man ought to go free.” This caused murmuring in the court- room, and the Justice endeavored to reinstate himself in the good opinion of his hearers. {‘No, I don’t mean that,” he quickl ;fldd?d. “I take those last \\'flrdsqhflck.x | The commitiment was duly made out and Walters was returned to his cell. After court adjourned Attorney Beer- ‘SQP(‘hPr said he would immediately be- | 8in preparations for habeas corpus pro- | ceedings in behalf of his client and ex- }pfi(‘t(’d to file his application for a writ to-morrow morning. During the afternoon session of the court, when Mr. McKenzie's case was |u4nder consideration, Dr. Chapman tes- tified that Mrs. McKenzie was in the | last stages of consumption and proba- | bly would live but a few weeks. Her | liness was urged as a ground for con- tinuing the hearing DINNER DANCE AT ‘ VANDERBILT'S HOME | The Elder William K. Entertains, As- sisted by Mrs. W. Seward ‘Webb. NEW YORK, Jan. 27.—A dinner dance— one of a series—was given by William K. Beerstecher Vanderbilt to-night at his house, 660 Fifth avenue. Many of his guests came from dinners given by Mrs. W. Bayard Cutting, Mrs. Willlam D. Sloane and Mrs. | Frederic Bronson and other of the guests, numbering in all about 300 people, came from the opera. Mr. Vanderbilt's sister, Mrs. W. Seward Webb, assisted the host of the evening In receiving guests, The dance occurred in the banquet hall, where about 150 seats were placed for the cotillion. _After supper the cotil- lion was danced, Elisha Dyer Jr., leading, There were several sets, the favors in- cluding director’s hats of gold and silver tinsel trimmed with roses and walking sticks, hung with garlands of roses; carved fvory paper cutters and silver per cils, all sorts of musical instruments trim- med with ribbon and roses, jeweled orders hung on ribbons and gilt photograph frames. 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