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1 I IN TWO PARTS. \ TTTTTTTTTTTTTTTTTTTT f TT T TTTTTTTTTTT TTTTTTTT TTT* Til VOL. II-1STO. 00. Bimi mini i.i.iiiiii ah in i mrr tili uliilituMS t WEATHER FORECAST FOR TO-DAY j : winds NORFOLK AND VICINITV? E Fair; warmer; fresh to brisk south t KOKFOLK, VA., THURSDAY, J A "N17 A T? V 'J (?IS 0 O - - - T W III. V R lVV(ili>. THREE CENTS PER COPY. EAGAN COURT MARTIAL CONVENES The Commissary General Pleads Not Guilty. HE USES QUALIFYING WORDS Qnnliflentlon Does Not Relieve Conrt From NecrsnUy of Proving ?'?et? Alleged?'Ilie President's Promise or Immunity 10 tVItucvse? Testify., lug Before Investigating: CouimIs ? lon Relied Upon For Iranian Ity Drlvon Almost to Desperation by Hille?* Testimony nod Comments Tno Tealtinony Hegnn (By TelegTaph to Vlrglntan-rilot.) Washington, D. C, January 25.?The boated of army officers designatctl try 'the Seeretary of War to sit as a eourt murtlal In the case of B: lgad'er-General Charles P. Eagan. Commissary of Sub? sistence, charged with conduol unbe? coming an officer and a gentleman, and Conduct to the prejudice of good order and military discipline, In connection with his testimony before the "War In? vestigating Commission, met in the red parlor of 'the Ebbltt House at 10 o'clock this morning and almost imme? diately proceeded to the business in hand. The menvbers of the court, whose names have heretofore been published, appeared In full dress uniform. EVERY MEMBER PRESENT. At Just 10 o'clock Colonel Davis, the Judge-advocate, called the roll of the court, all of the members responding to their names. As he concluded General Eag.rn appeared with his counsel. Mr. A. 8. Worthlngton, formerly United States District Attorney for the Dis? trict of Columbia. General Eagan also wore the dress uniform of bis rank. Almost imme? diately Colonel Davis arose and intro? duced General Eagan and his counsel, and then proceeded to read the order convening the court. The Judge-Advocate, when this was concluded, tunned to General Eagun and Inquired whether he objected 'to any of the members of Che court as designated by 'the order. General Eagan replied: "I do not." The members of the court then arose and took the usual oat'h, which was ad? ministered by Colonel Davis. The charges and specifications were then read. EAGAN PLEADS NOT GUILTY". At the conclusion of the reading, on being requested 'to plead to the specifi? cation as to the first charge. General Eagan said. "Not guilty?not denying, ?however, that the specifications set forth correctly a part of the language UKed." To the first charge he pleaded "not guilty." To the specification to the second charge he pleaded "not guilty? nol denying, however, that the specifi? cation set forth correctly a part of the language used." To the second charge he pleaded "not guilty." PEE A QUALIFIED. The Judge-Advocate then arose and paid that the case in hand was a pe? culiar one, but presented no unusual difficulties. The accused had seen fit to add to hid plea of not guilty some words tending to qualify it, but he tlui not think tho plea relieved the court from the necessity of proving the facts alleged. Judge Worthlngton responded briefly and explained that the qualifying words had been used upon his recom? mendation. The specifications, he said, did the accused a great injustice in that it selected particular expressions without instances the specifications quoted being in the middle of a sen tenre. EAGAN'S DEFENCE. Continuing Mr. Worthlngton said that he desired to state briefly to the court the substance of General Eagan'a defence. Whatever, said he. the court may think of the propriety of the lan? guage used by General Eagan before the War Investigating 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 addition to this the Pres? ident of the United States had instruct? ed the War Investigating Commission to announce publicly that witnesses be? fore that tribunal would be given Im? munity for whatever they might testi? fy to. This was a solemn promise giver, by the President of the United States, and counsel had no doubt that the court would find that General Eagan could not under these circumstances be held to answer to a military court martial for hie language. MILES' OFFENCE. General Miles, he said, had appeared before the committee about three weeks before General Eagan had made hla statement, and on that occasion bad made most serious and sweeping charges against many of his subordi? nates and particularly against him and the Comr.i: v.i.u y Department of the army. Immediately upon receiving the testi? mony given by General Miles. Genera) Eagan went to the Secretary of War and nsked leave to bring charges against him. General Alger had replied that under the President's order of im? munity General Miles could not be held responsible for his language before the commission. The newspapers then took it up and goaded General Eagan almost to des?eratlon. He had eomo to be? lieve that the press and the country at large had accepted the accusations made by General Miles as true, and the condition of his mind, in consequence, grew worse and worse until he was In a state bordering on distraction. The language which General Eagan used j under these circumstances was the I natural outburst of an honrst man suf? fering under an unjust accusation. CALL, ON THE PRESIDENT. At 10:50 o'clock word came from the White House that the President would receive the members of the court be? tween 11 and 12 o'clock. Thereupon General Mcrrttt announced that the court would take a recess for the pur? pose of paying their respects to the President of the United States. THE FIRST WITNESS. On re-assembling at 11:30 o'clock a few minutes was given a photographer to take a picture of the court, and then Major S. C. Mills was called to testify on behalf of the government. He said he was the recorder of the War Inves? tigating Commission and was present and heard General Pagan's testimony before the commission. The munner of General Kagan in giving his testimony, he said, was that of a tnnn laboring under great excitement, but trying to control his excitement. He re-called some of the words used by General Kagan In his testimony, which agreed substantially with the phraseology used In the specifications. The witness was shown a copy of the specifications and Identified the language there quoted as having been used by General Kagan. Judge Worthlngton interrupted to sa\ that General Kagan did not deny the language quoted. Major Mills, a member of the War investigating Commission, was the next witness. He was present and heard a part of General Kagan's testimony be? fore the commission, "The Impression I had," he said "was that General Kagan must be la? boring under great nervous excite, ment." He recalled some of the lan? guage used, nnd it agreed substantially with the testimony as published. THE PROMISE OP IMMUNITY. The witness re-ealled a remark by the President In regard to the Immuni? ty of witnesses. The President had said _in_subsRi nee that?any?person?who should come before the commission to give evidence, should receive immuni? ty from the action of any higher au? thority, it was the understanding of the commission that this Immunity ex? tended only lo legitimate testimony that could he received by any tribunal. The Judse Advocate then read a! some length from General Miles' testi? mony before the War Investigating Commission which called forth the ob? jectionable language in General Ki? gali's statement. At the conclusion of the reading of General Miles' statement Judge Worth? lngton red at length from General Kagan's revised testimony before the Wnr fnve*tlsmt<nr Commission, -\t ? o'c'nek the ronrt adjourned until 10 o'clock to-morrow morning. ALABAMA'S DEPARTURE. STATE DECIDES TO ENTER THE LIQUOR BUSINESS. (By Telegraph to Virginia-Pilot.) Montgomery, Ala., Jan. 25.?Tho Sen? ate of Alabama passed a dispensary hill to-day authorizing each county and In? corporated town or city in which the sale of liquor is not now prohibited, to carry on in its name the business of buying and selling liquors. In each town which has a population of ten thousand or less there shall be one dis? pensary, nnd generally, in larger cities, there shall he one dispensary for every ten thousand Inhabitants. In counties, at places outside of incorporated towns or cities they are to he established upon the petition of twenty or more house? holders and freeholders. The licenses for such dispensaries are to be granted by the county officials and the cities are required to pay to the State and coun? ties on January 1st of each year the .amount now paid for such licenses by individuals. Twenty-two of the sixty-six counties are exempt from its provisions. A D ELI N A PAT Fl MARRIED. THE SONOSTKKSS UNITED TO BARQN CK DR I"! ST ROM_ (By Telegraph to Virginia-Pilot.) London, .Inn. 25.?Adellntt Patti. the singer, was married to-day at Brecon, Wales, to Baron Cederstrom, director of the health gymnastic Institute here. The Mayor nnd corporation ?were among thoso who met the couple at the stalion and accompanied them to the church, headed by the Mace hearers, in silk hats and scarlet waist coats, and with I he borough banner flaunting the red dragon. The Aldermen, in their robes of office, met the bride and bride? groom in the tioreb of the church, which was bountifully draped in white, pink and blue muslin, which was worked into a canopy in front of the altar, under which the couple stood during the ceremony. The wedding breakfast was served on hoard the train, which was composed of the special cars built for the Prince of Wal s. The honeymoon will be spent in the south of Franco. Baron <ie Rnrrn nnd %Viro|ltonrrente<t, (By Telegraph to Virginian-Pllot.l PensQCOla, Fla., Jan. 25.?rtiirnn nnd Baroness Edgar de Harra are under ar? rest here by the United Slates marshal, They were spending the winter at St. Augustine In splendid style, but were arrested on the ehargi of fradulently using the United States mails at Chi? cago for a phonograph scheme, by which they obtained large sums of money from people throughout the country. They gave bond for their appearance before the United States court at Jack? sonville and tire now unde r arrest here for attempting to escape and leave their bonsmen in the lurch. The arrest here was made at the Instance of Cup tain Tobin. a Pinker ton detective. I i-noii? Soil l or Nalitii7.il?. (By Telegraph to Virginian-Pilot.) Charleston. S. C, Jan. 2?.?The Third battalion of the 160;h Indiana volun? teers arrived here this morning from Columbus. Ga. Tile battalion was ac? companied by the regimental headquar? ters, band and hospital corps, together with 120 tons of baggage. The troops went at once on b lard the transport Saratoga, and at 2 O'clock this after? noon sailed for M itanzas, Cuba. The Saratoga carries a large cargo of pro? visions and lumber, in addition to the soldiers and their baggage. SCENE ON THE NEW YORK STOCK EXCHANGE FLOOR. Tho speculative craze has assumed unparalleled magnitude In New York, and millions are made and lost dally on the Stork Exchange. The volume of transactions dally has passed all former records, and the excitement on the floor of tho exchange- during trading hours Is intense. In a single day the Standard Oil stock owned by John P. Rockefel? ler Increased In value $S,0C0.0OO. TBE STRUGGLE OVER West Virginia Legislature Chooses a Senator, Hr. ScoU.llrpiililicnii, !l?crlvrR Fort y i Iii Voles, lite Number ItrqulroU iu i irri -Defeated itciuocriwlc Cnu> dlfllttO Makes U Sl.il? Mil u t. (By Telegraph to Vlrglnlan-Pllot.) Chareston, W. Va., Jan- 25.?After a contest of over two weeks, Internal Revenue Commissioner Nathan B. Scott was this afternoon elected United States Senator from West Virginia for the term ending In March, 1905. lie will succeed Senator Charles Faulkner. Many predicted that there would be a deadlock for weeks, but a decisive re? sult was reached on the first Joint bal? lot. The vote stood: Scott (Rep.), 4S; McGraw (Dem ), 46: doff (Hep.), 1. Total vote east, 05; necessary to elect, IS. As the_baJiol_stood?when?t4w?lard named was called Scott had only 47 voles, and the deadlock, which had been expected, seemed assured. Hut iusl before the president of the Senate started to announce the the result Dele? gate Hunt, who bad voted for Judge Hllzznrd, announced that ho wished t > change his vote. During a brief speech, In v.heh he explained his position, there v. as a breathless suspense. THE DECIDING VOTE. At first it appeared as if he would Join Delegate Hnpstronstall, who voted for Qoff, but he cast tho vote which elected Scott. Hapslonstall clung to Goff to the end. Delegate Ashbury. who had been absent during the entire session on account of sickness, was present and voted for Scott. Morris. Republican, against whom a contest is pending in the Senate, was not per? mitted to vote, and tho Taylor county seat in the House, which Is claimed by Dent, Democrat, was left vncnnt in ac? cordance with the compromise agree? ment reached Tuesday night between the leaders of tli? two houses. To? night it was given out that Scott's election would be contested before the United States Senate. DEMOCRATIC PROTESTS. Uuring the ball.-ting the Democrats filed protests against the votes ?>f Qet seiidanner and Prison, w horn they claim to be ineligible because they accepted a commission in the volunteer army, while holding their offices as Senators. This they will make one ground for the tu st. The other ground will be be? cause Scot* received only 4s votes, one less than a majority of all the members elected to the Legislature. As a pre cl* n; they cite the Black burn-Hunter case, in Kentucky, in which tho Senate refused to let Hnnter take his seat because he had not re? ceived a majority vote of all the mem? bers of the Kentucky Legislature, though he had received n majority of those present and v..ting. yii. M (GUAW'S STATEMENT. Hon. J. F. McGraw. the Democratic nominee for Senator, to-night made the following" statement to the Associa? ted Press: ??Neither Mr. Scott nor myself was elected to-day under the forms of law to the'Senate. 1 received 4fi votes In the Joint assembly. He received 48. and Judge Goff received 1. This gives Mr. Scott a majority of one over the com? bined vote of Judge Gort' and myself, but of ire 4S votes received by Mr Scott two of them were the votes of State (Cantlnucd on Sixth Page.) AGONCILLO IGNORED. HB WILL NOT LH HF.rOr.N17.Kl> F.Y ! THE PRESIDENT. (By Telegraph to Virginia-Pilot.) Washington. D. C., Jan. 25.?The pre? sentation to tho Slate Department yes? terday of the communication from AgonclllO, Aguinnldo's representative as he styles himself, has not changed the attitude of the department toward him. and there is not the slightest proba? bility that he will be ontolnlly recog? nized by the President or the depart? ment. CLEVERLY PHRASED DOCUMENT. It Is conceded that the document is cleverly phrased wl'th the Intention to put the United stntes Government in the wrong in the estimation of the world, and It is sttspeeterl from the half concealed arrogance of the demand to be Informed of the purpose <>f our gov? ernment in sending reinforcements to the Philippines that this communica? tion may mark the adoption of a now line of policy by the Insurgents in tie* Philippines. The first manifestation of this. In ease it is decided to resort t--> open hostilities, probably will be the sudden departure of Agonclllo and his staff from Washington and from the limits of the I'nited Stales. _NO ADVICE PROM OTIS. There was an absence Of advice from General Otis to-day whic h led the olll clals at the War Department to lite conclusion that there has been no ap? preciable change in the conditions at Manila or Hollo, ami some satisfaction is felt 1n even thai style of negative assurance that the Impending tr mble at Manila has been at least postp ned. I.Irin. Ilobvnn'* Plucky * infer. (Ry Telegraph to Vlrglanian-Pllot.) Jackson, Miss., Jan. 25.?Miss Annie Hohson, of Greensboro. Ala., sister o( Lieutenant Ifobson, of Merrimnc fane-, and who has been the guest of her cousin. Miss Kate Porter, In this city, for several days, proved herself a he? roine in an exciting runaway this a'.' ternoon. seemingly demonstrating tli.it a streak of courage runs through ?ul the Hobson family. Miss llobson had mounted a fiery Kentucky thorough? bred for a dash across the county. She had progressed only a short distance down West street from the Partei- resi? dence when the horse became frighten? ed, and getting the bit between his teeth, dashed away at a terrific speed. The plucky gitl realized !>??:? danger and held onto tile reins with a deathlike! grip, at the same lime trying to stop the frightened animal, her escort, Jo? seph Porter, In close pursuit. The race continued for seven blocks, and several corners were turned that] would have unseated an ordinary horsewoman. The horse was finally Stopped mar the City Hal!. Jcr.i j Kleef? Kenn Hrssior, (By Telegraph to Vlrgtnlan-Plloi.) Trenton, N. J.. Jan. 25.?The two branches of the Legislattire met In Joint session to-day, and after th? reading of the Journal of the two Houses on yesterday's vote for I'. S. Senator, President Reed, of tho Senate, who prevlded, declared John ICean elected as Fnited States Senator from New Jersey for six years, beginning on Match 1, 1S3D. It nnn. < l i .t illltlll ( laf.es, i By Telegraph to Virginia-Pilot.) Kansas City, Mo.. January 2"..?The PUnters" Rank, with a capita! rf $25 00?, was dosed -to-day by the State. Tho ptoprletors are under arrrsi by otder o! Secretary of State Lcseus and As? sistant Attorney-General Jeffries. The bank has no visible assets, It is alleged. SUBKMaN ox expansion Venerable Republican Statesman Opposed to Treaty, ir iim-it in Nennte Ho Would Vote AffltlllHl Unit tic a i ton ami for With? drawal From Itte Philippine* na Konu itN l'o?">Hile. (By Telegraph t.. Virginia-Pilot.) New Yoiu. .1 inunry 25.?The Even? ing World lo-dny prints an Interview with John Sherman, In whldi the latter forcibly eprcsscs himself against ex? pansion. The ex-Secretary is quoted as saying. In part: "j am decidedly opposed to the Inva? sion or (the Philippines. The idea ot hit country forcing Its way Into these islands and forcing its government upon the 7,000,000 or 9,000,000 population of those if lands is monstrous. It Is sub? versive of the basic principle of our Government, that the Justt powers of government arc derived from the con? sent of the governed, and it Is in vio? lation Of Phe traditions of our country." "Then, If you were In the Senate you would not vote to ratify the treaty of Paris as It stands?" "If I were in the Senate 1 would not vote to ratify the tre.ity as it stands. I would vote to withdraw from the Isl? ands as soon as possible. "The papers say that 4,000 soldiers have Jusl been sent Manila. Why are ihey sent? Are we going to war against u ?tniggling republic'.' They have been fighting for many years against Spain and have practically driven Spain oik. Are we to take the pin.?f Spain In tyrannizing over these struggling people';'-: THE SAM0AN TROUBLE. I'l'I.l. INSTRUCTIONS SENT TO AMBASSADOR WHITE. (By Tetegraph to Virgin an-Pilot.) Washington. I >. ('., Jan. lW-TIio state Department !.as forwarded to Ambassador White at Berlin full In? structions as to the presentation he is to make to the German Minister for Foreign Affairs relative to the indig? nity reported to have been offered tl>3 <"lil"i" Justce of Samoa by the German offli lals at Apaia. The department also lias- had some i xehangqs with the Ger? man Ambassador here on the subji ct, The nature of these communications ciinnot b:j revealed, but It Is believed that they sh.ns mi abiding confidence In the disposition of the German Gov? ernment to light any wrong that may have been perpetrated at Apia through over zealous agents. , Money Arrive*! tnol.ni,.. (By Telegraph to Virginian-Pilot.) New York, January '_*.">.?A sick and destitute mnn, 55 years old, was taken from an Kast-aide tenement House two weeks ago to the Department for Out D >r Poor. He gave the name of L iw nee Sohra >i r ..::d he was dying from sheer want of nutritive food. To-day a letter addressed to Schraedcr was brought to the superintendent r-J the Institution, it contained a check for $5,000 and had hfii sent from England a? Schraeder's long-delayed share in his father's estate, Schraeder, however; had died, and the m-mey arrived just In time lo prevent his burial in the Pot? ter's Held. TO REORGANIZE THE ARMY An Indiana Republican Wins on Democratic Applause. SENSATIONAL UTTERANCES lion ill'- President Can Curt Strain* cd Relations In (he Philippines? The Jllvtnko Ulnde?Tribute to v c uln nil' o mid Angonclllo?Tic Ii lu? ll j '? Course n Policy or EtmIou Brynu's M IMnlie?Opposed lo m. I.nrge -M?mling AruiJ ? Tho Old v. oriii Policy Cost of I xpnuiloa - Mr. llolllTor'* Keplj. (By Telegraph to Vlrjrtnlan-Pllot.) Washington, D. C, Jan. 23.?Tho House to-day resumed the debate on the Army Reorganization bill. Mr. Gibson (Republican, Tennessee), was the first speaker. He advocated tho passage of the Hull bill. Mr. Johnson (Republican, Ind.) then took the floor In opposition to the bill. Aa he arose the Democrats applauded and members squared themselves around In anticipation of some sensa? tional utterances. "While the President, In the pres? ence of what he may conceive to be a popular demand," he began, "Is hurry? ing the armV and navy across the seas to lnillct upon an alien people a gov ernment against their will, i propose fearlessly, without regard to Its effect upon my personal fortunes, to make a plea, for liberty und an argument against tile perpetuation of Injustice." A CRISIS IMMINENT. "We were on the verge of a crisis." said Mr. Johnson, "those who failed to rush forward in support of tho schemes of the Imperialists were being denounc? ed here and In the public press as 'Spaniards,' and men 'who failed In their duty. His answer was that If the Chief Executive would break his silence and openly slate that we did not propose to enslave the people of the Philippines, his word for it. tho present strained re? lations in the Islands would cease, those who were but yesterday our al? ibis would return to their homes and there would be no necessity for thlu proposed Increase In the standing ar? my. No. this would not be done. What meant this hasty disavowal of Sena? tor Foraker's statement that the ad? ministration had no intention of hold? ing the Islands permanently? If tho ad? ministration do not mean to hold the Philippines, what meant this clamor of the administration press? Why had the President's commissioners demanded the absolute cession of the Islands In? stead of simply their evacuation, as they did In the ease of Cuba? Why did not Senntor Davis, who was In charge of the treaty In the Senate agree to al? low the passage of a resolution disa? vowing the Government's purpose to hold the islands permanently? Those were patent facts which could not be dodged. They must be faced squarely. Everything pointed In one direction? the purpose to annex the Philippines." 1S76 AND 1S9?. Continuing ho drew a parallel be? tween our revolutionary struggle and the struggle the Filipinos made for In? dependence. He argued that to-day they had a stable government. Repub? lic, utinform. a president, a vice-nns IdenT and Congn-s?*, the whole found - ed on the free consent or the governed. To attempt to (subvert that government he charged would be an "unspeakable ' rime that should bring the blush of shame to the cheek of every free-born American," Mr. Johnson paid a high tribute to Agulnaldo and to Agonclllo. "If William McKinley ever change* his policy regarding the Philippines," he declared. In stentorian tones, "he I will bend to the weight of popular opin? ion to which he bows, right or wrong." A HOT REJOINDER. This utterance raised a storm of ap? plause from the Democratlo side. Mr. Jrthiij.in retraested thai sncti intemip-? tions cense as they took up his time. Several limes before he had made a e'imiiar request. "l should imagine the gentleman could I iler.ite Democratic applause/' Interrupted Mr. Henderson (Rep., of Iowa). "The gentleman can always tolerate the applause of honest men. no matter when It comes." replied Mr. Johnson quickly. As the applause which greet? ed this rejoinder died away ho added: "And he can also tolerate th* narrow censure of those of hi* own party as he has done frequently in the past. He has never hpen so well satisfied with himself as when his narrow colleagues weiv crying him down. "I pride myself, Mr. Speaker." he continued, drawing himself up to hin full height, "that l h.iv.. broadened since I enti r I public life. My party is a means, not an end with me, and when I believe my party is wrong noth? ing can make !>?? abate my Independent convictions." (Great Democratic ap? plause). A Pi <hU V t>F EVASION! Pr i. e. diag he denounced the Presi? dent's course as a "policy of evasion," (Continued on Fifth Page.) OTHER TELEGRAPH PAGE 6. ( LASSJFlCATIOr*' OF NEWS BY DEPARTMENTS. Tdeeraoh News?I'aires l and 6. Loa! News- -Faces 2, 5 and 5. Editorial?Pace ?*. Virginia News?Pages 7 ami 3. North Carolina News? Pace o. Portsmouth News? p.\Kt:s toana It. Berkley News?page u. Markets?Page li -hipping - Pag? 13.