Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-22
Captain Hoxvgase,s Case.

n
Marrant was issued, and in few minutes after
wards Deputy Marshal Williams went out 10 arrest
| howgate In short time Mr.. A. b. Williams
| eane INTO court ana moved TO set aside the for
| feiture OF the recognzance and Withdraw the
| bench warrant This motion was granted by
| Judge Cox, and n messenger sent after Deputy
Marshal Williams 70 recall the warrant. which
| was done, and the warrant was cancelled Capt
| Howgate afterwards came To the clerks onice
with Mr.. A. B. Williams, looked over the volumin-
Gus Indictment and retired.
| DISTRICT ATTORNEY coKKHIL's UITrNArrM
This morning, District Attorney Corkhill said he
had understood that the forfeiture had been
stricken out in the case OF Howgate.
The Court-Yes, found that the bond was a
Col. Corkhll said that the bond was not one Of
@ onis court, and he desired a bench warrant 20 go
out, unless the counsel would say that Capt. How
| gate would come in to-day and answer
Mr. A b. Williams said that the bond was reg
| uiar ana ne nad III. finding that the bond was for
his appearance at the December term This bond
COULD net now be forfeited. He would object to
| any proceedings on IL.
| COL Corkhll remarked that unless Mr. Williams
would give his word and have Capt Howgate here
py noon he would ask the issuance OF bench war;
Mr.. Williams said that Capt. Howgate had no
disposition TO shrink from his responsibility, and
had The District Attorney given notice he would
4 nave been here yesterday
Col. CorkhiL-"It is no part or the business OF
| the District Attorney to give notice.
Mr: wllllams--Neitheri is II part OF his busi.
| ness 10 forfeit recogniZance on such n bond as
this as soon as the Indictment is brought in
| COL Corkhill remarked that he was under the
| bond. YIN '
MT. Williams remarked that he would have
Hap, Howgate In court at l2 O'Clock, or as soon
| thereafter as possible.
| THE ATTACHMENTS
The argument on the motion to quash the in
| dctmentS issued in the case OF United States agt
Howgate, TO recover over 500 900, in the Circuit
court was not commenced to-day, but by agree
| ment goes over 10 Saturday next.
CAPT HowGATE IN COURT.
Precisely at 1s O'Clock, Capt Howgate came in
court with Judge Cuppy, Judge Wilson and Mr. A.
b. Williams. OF his counsel. Col. Cock, special
attorney, and the District Attorney were present,
representing the government
Mr. Wilson stated that the Indictment was found
Yesterday, that the bond was forfeited and it was
somewhat OF an expeditions way. IL seemed that
his friend tCorkhilD had had so much 20 d6~~yith
expeditions and Increases, that he was determined
TO run this case at railroad speed. lie suggested
that the counsel should have at least an oppor-
tunity to read il and determine as 10 what plea
tly thsy WI VIII interpose He did not understand why
lhls not haste, and while they We're willing 70
meet this case, they certainly objected this rail-
Col Coalhill said he had done only what he ortiI-
nariy did. He was free 10 say that he was not
satisfied with the bond. There had been no show
lng why The regular course should not be pursued.
ana he asked that Capt Howgate be arragned
Mr.. A. b. Williams said notwithstanding the
statements made. the regular course had not been
pursued, and there were no bench warrants issued
in the other cases where Indictments were found
yesterday. The government was represented when
Ihe Dond was given, and it was satisfactory then.
III was trlfilng with the rights OF the defendant
after requiring this bond TO send witnesses 70 the
grand jury at once. and the endorsement of true
that after looking over the indictment they might
waive the reading OF il. There was no difference
In the counts, save the amounts.
Col. Cook remarked that this Indictment was I'm
tne nature or new proceeding. and did not in
clude all the matters on which the original charge
was made. He stated that when the commissioner
flaaf tho
grand jury would be occupied with jail cases and
the star route cases
Mr.. WilSon-But those cases have been ahan.
doned by the government.
Mr. Cook.-I see my brother will always indulge
In fiction, although living in proSaic age would
suggest 10 him to Write romance.
Judge WilsOn.-You have one I'm your hand now
that does not amount to much, (alluding the In
Col Cook.-It is not very romantic, because ft
charges your client with taking government money
Judge Wilson.-That may be romance
Col Sook-lt Is not romance, nor is it poetry
Col C. then went on to state that It could do no
narm 10 read the Indictment and take the plea
The plea would not bind them nor prevent the in
terposltion OF any special defences, II they have
any, and then my brother can have full oppor-
faculties
The court remarked that the condition OF the
bond was to appear in the December term. and the
counsel for the government had not discovered II
until after they had left the commissioners Office
He understood the regular practice TO he that when
no bond has been given bench warrant would be
issued on the exhibition OF the indictment in the
court II he is out on bail a reasonable notice is
10 De given 10 him TO appear and respond
This is a recogniZance to appear at the December
term, and the present is an Indictment found at
thiSterm. In this connection he would have to
ignore the old bond. If there was an Indictment
found at the December term there would be no
lorielture e. OF the present bond II affords no
security Tor appearance 10 the present Indictment
Judge Cuppy asked If the question was not as TO
The court asked If the recognizance would not
be forfeited il he failed to appear.
Judge Cuppy remarked, YES IL he did not, and
The court said a. he se t6 6t1 o. tb fe condon was tn
appear at this term.
Judge Cuppy said the express terms of the bond
would hold him. and his bondsmen liable IL they
failed to produce him at the December term.
Col Corkhill-But suppose nothing should be
found against him then.
Judge Cuppy said he was talking on the question
OF bond, that has been suggested, and before the
government is allowed to call upon his bondsmen
to enter into new bond the question OF liability
upon the old bond I'm view OF the fact that the in
dictment has been found at this term, is question
that they would like TO be upon So lar as plead-
Ing 10 the indictment is concerned that was spe-
cific matter.
The Court said 1t was fmmaterial when the read
to have it read now.
Judge Cuppy-And we will examine il after it is
read.
Judge Wilson suggested that the record show
that Mr.. Howgate was arraigned and pleaded
guilty. What is the objection TO that
Col Corkhill objected 10 this proceeding, SAYING
he doubted whether it could be done, and he did
not want the case to be embarrassed by a doubt
ful proceeding.
Mr.. wilson.-But the record will always report
verify suppose.
The Court-There may be an objection raised
hereafter TO the irreguarty OF the proceeding and
II counsel for the government insist upon the in-
dictment being read, IL should be done. The Dis
trict Attorney does not want TO take any risks In
the matter, and shall not compel him TO do so.
1t will have TO take the regular course.
The clerk proceeded to read the indictment, oc-
cupying nearly two hours
EA OF "NoT GUILTY.
The clerk concluded the reading at 2:20 and be.
ing about to ask "Are you guilty or not gultyf"
Mr.. Wilson remarked before the plea was taken he
wished to have it understood that the plea should
be regarded as made pro JO1rIld with the right TO
strike it out should they be disposed to.
The court acquiesced, and the plea OF mot
guilty" was taken.
THE QUESTION OF BONDS.
Col COrkhill remarked that the government
would be content with bail In $4,000, remarking
that the sum alleged TO have been embezzled was
s9l O0 and that the grand jury had also presented
Capt Howgate for forgery.
Mr. Wilson explained that Capt Howgate had
complied with the requirements or the govern
ment, and he ought not to be required TO give ad-
ditional bond, and he uttered his protest
Col Cook said that the real estate OF Capt How.
gate aggregated &125 600, and the amount embez.
Zled would probably exceed this amount I'M tl,ts