New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-23
CAPTAIN HOWGATE IN JAN.

CAFIAIN HOWGA1E ~ JAIL.
FORGERY AS WE'LL AS EMBEZZLEMEVT.
PROCEEDINGS BEFORE THE CRIMINAL COURT OF THE
DIST 'ICr OF COLUMBLA-TaE ACCUSED HELD IN
DEFAULT OF $4,000 BAIL--A SECOND IYpIcr-
MENT FOUND.
WASHINGTON, Oct. 22.-The case of Captain
Howgatc called up In tue Criminal this morn
ing when Judge Cox remarked the
tuat the forfeiture OF the bail bond yesterday was an
error nasncn as the defendant only required by
the bond 10 appear for trial when called Mr. win ms.
counsel FOR Owate, procured and read the bond taken
before Commissioner Bundy and which requires the de-
PENDANT to appear aud any Indictment that might
he found against him, at the December Term OF tie
Criminal Court
The DstctAttorney expressed his surprise that such
bond had been taken. but insisted that be was en,d
to bench for the Howgate to answer
TO the indictment found by the Grand Jury lie would
waive that right, however If counsel would undertake
10 have HOwglte present In to-day Mr.. Williams
gave the undertaking and retired. The argument
cyi side OF the pOspOued until Saturday.
little after noon Captain G. ". Howsate, accompanied
by counsel into court, aud the DslrictAttOruey
that thar the accused be called upon plead
the Indictment.
Mr. Wilson, counsel for the defendant represented that
now the first time that he had the iniictmrr
which very vouminOus document, containing sew
y-iCur counts.
Attorney COrkhill insisted the indictment
being read open court aud appealed 10. lie wac
not satisfied with the outstanding bond, and would re-
Mr. ,ook, associate counsel for the Governments,
stated additional reasons why the de endsnt should 10
had required me defendant appear in the December
term. II because IL had beeu supposed that tho
court Sonii nave been occupied Mt the present tern
vi o Oh. StII Route cases.
Mr. Wilson-Tbey have been abandoned by the Govern
Mr Cook-You win hnd that they have not. You had
better write 4 romance.
Mr WusOu-ft is not necessary you have a romance
IN your mana uOw, uliu;iug tu the ndictr.eutl
Sir Cook-Ir is ror very romantic % your client be-
cause nim with having stolen money from the
Mi wiison-That il all romance.
Tue Court-rne course OF proceeding yesterday was
premature u Lot having been observed 10y thr Court
Sgan the b 5aa to ong appear a'ni At the
term The trouble. here Is that tue reeosnHauce
l,et,y taken does apply 10 this proceeding. Here
u an indictment when there ~ no recognlance or
bond defendant did not come mo court now aud
respond Indictment IL Is clear That that iecosni-
Laucr could not bu forfeited. . =.
zoe Att0ney-rhe defendant is here now, let
Mr WiI.or- racD tue record show that the defend
ant has been ar-aigned ,nd has pleaded not sulty
The DIslTIct-A Oruey-l object TO mat 30 NOT
want any eunriry IN such an important case Let
the indictment he read ,, 49,. +. .,-....
IN full. - ,. -, IL,
tarn. plea he desired it understood mat 'mpy
M o,oria plea. aud that Tue defence might AFTER ward
interpOsc such notion demurrer of pea az h'ah' 10
desired ,,-
!
Mr. %,"or-with that understanding the defendant
cpfersa III moi guilty.
Thr D.,,neLA uoruey-rhe amount emOezLled, -
cnrrged ~ the uuietneut, is $1,000 Tue Indictment
not thns violating any oiclai coincidence 10 saying
&c Grand Jny has +saa indicted Nt t H'"ss'e
,nnk Toe Government entitled 10 $4,000 bali, ana
snail as. endaDt be recognized h ihat amount
Nh Nilsson argued against the Proprety Ui an! sdch
requirement. II would lee unreasonable and preppst1r
ous aud under circumstances Of he case VITA all VI
tur icruant's property stttched by the Gov ruInen
w0u.d tnsEount 10 saying That tie defendant hlst
Mr. look replied 10 Mr Wilson. saying that the real
state owned by Captain uO~gste amounted 10 shout
,y r,.cn thai sum lie argued that hc bail % $4,000
s-ould ue required II thr drehdlht 1Viu ho iut
D., tult would Oe his misioriuhe' not the faut oil tho
Government. A.
u,, oil oppression. It looks little. though not 30
siutcd ike s.arp practice Ia prevent Inc drieniant
srcurD IN th'r way Inc ae'S.i~nt was =, $50
Ona cGlrgc O ueiai, atlnn aHH Nc save ooa1 VI
so b,U IA, npJrar the December tcru 81 the Court
brore GIVING such bond and IN orlel 10 tDu.any us
securities nc cOhNeyeu MS P,"Pe'S =" , '"e,'
that property Is now tea ., up Wy, attain
Inc charge ins cad OF being deferred until December,
prosecuted BOW Cy mdctmeut The stlacbh-h' ICING
mat fact should he considered by toe Court stu tuere
Is an Indictment tOund by The GT'hd jury az" nave
n,tnn. 10 with what preceded 81 secs bchl"d u
ra, mi c.urat mere, aud the deleudanl must glVe
some se,urty 10 respond to IT, - ,,, ,,, ,,.
l me suits that been brought and all the puDlct
Ious tual uten mSle skan.t ul1 deI1uusa', he
r41E4l 3 nam a
excessive "a uc'ii~hu IL A"S '4' """H N'''"'-' '~
- C"rrt-, rtainy That bond should ne Cancelled
IRE plslrlrt- Aturury-GouT Honor may make IN
,rtirr that bona, and requiring dclendaDI 70
give 4 hcw uOud ivr rJooOO - -, -
lu- CourJ-if the IIrstOn bad cOme o"iOTe 100
,,i u, sAtuI nave regarded $4,000 Daii 40 eAcss-
IN, ai slouLI think that $4,000 would be enough
now.
Mr. Wtson-l DO not care bow hlSh hian charscAer
,rbe, ne ma. utd newspapers hib toi tbfro
r,rf,. and ls- lad Gov rnment 10. tic hands on
a. his properly. be could not g'o SSooV' oobi ihs
Il au element 70 ue cunnIdeIed ,,...,.o -.
the DislTrt- Attorney The amount OF floVVVO -
u.e tlrur,! from Treasury, AID Tue Government IA
r,,,t money wAtrDfcE IL "
nv attachment ~ any VtBtr proper means us 1o,ea
thing Tor a defendant Ia "a! GIVE ue os'E A. 10
t,or9v that have len and wa deposit IL 10 n
~ ,peiirty auI ist HIN slip Tue country.
IN. am. OOvernIieut Ia dJlacn
every uOtr %; pr,prrty that TINS Ian hA1 'aSch ar
s,nts,sc frou the ana u Is Ills IN slortHhS
r cannot u0w give bal couinehhlEa,c WIZ I"is 'aIh.
400 ~ uAOrbitalL but mode ale bait
~ t,uIr- M orueT At ~, seut IL thai the Geieaisit
,r mn, an $4,000 Uut wul aiterwArd hear any APP
~ ir,tI,u 10 IyIuSe that LHOunt. tbnA myself lb~t
20 900 a. a pretty sim u~ II y"u GA give sood
o,,t tur s.nnrt hii : Tess. perhaps Viii take Al.
Mr. NilIau,- asked tor UIder cabCodIhg the l&st
bond. ,..,, ~. .,s
me Court declined Iuake the order unti the srour
es wIuIu come Court ami persOhaJ suIehN'T ne
Mr. %ib,alns said that he would have that dore ON
Monday -. .,,,.. a., all An d.
,,uIt ~ $40 ,D bait counsel Promising, however, 70
rnu,r lul,, curt with SECURITIES ueAt NUsdAy
e. aE%