The Evening critic., 1881-10-05
HOMGATE In JAIL,
TIE Returns 10 Face thc Music and
Gets More Than He Bargniucd For.

Much to the surprise &c everybody con
ncctcd with Tho case, Capt. Howgatc re
turned To Washington last night. Mr.. A
B. Ncwcomb, the vigilant marshal of The
Department Of Justice, had learned the fact
inside of half an hour and was promptly or
hand at the Thirtcenth-strcct residence. The
arrest on the new warrant was made and
the marshal remained TO guard over the
Captain all night. 1t will be remembered
that when he left Washington he was un
der bonds for appearance on charge of en-.
bczzlcment for about Si0, 900, and that since
that time Gen. Hazen has found further
dofalcations and ordered further arrest
ioran embezzlcmcnt of $4,000 additional
The Captain was easily captured and ex
pressed himself ready to appear before the
United States Commissioner this morning
and he did so Mt II o'clock, before Com mis-.
sioner Bundy. He appeared, accompanied
by Judge Wilson, Mr. Cuppy and A. b. Will
liams. Gen. 1Iazen was also present with
his chief assistant. The Captain looked
better than when he presented him
self last time before the Commissioner, his
health having been recruited in the in
torim, but he betrayed nervous symptoms.
He sat in the chair, opposite the Commits
sioner's desk, smoking cigar with appa.
rent nonchalance, but, as n matter-ofiact
he was anything but satisfied in his mind.
He cast suspicious glanccs around the
room, and appeared greatly discomposed
whenever his counsel came to consult him.
Mr.. Newcomb, of the Department of
Justice, returned the writ, charging him
with additional embezzlement, and calling
for additional bail. Judge Wilson and Mr..
Cuppy were given time to retire and hold
an inquest on the writ. When they had
done 50, the Commissioner heard their state
ments Col. VIM. A. Cook, on the part of
the Government, stated that the Judge had
already set precedent in the
matter of bail, and he would
insist that the same amount of bail be re-
auircd for the additional oflense. The
counsel for Capt. Howgate said they were
not prepared to argue the case at present,
but Thought that the nature of the case. in
volving merely a continuous embczzlcmcnt,
should call for less bail than was de-
manded in the former case.
To this the Commissioner replied that
while he had established no precedent with
matter of bail, and was free to act as his
| Judgment dictated, he could not reduce the
bail for the second oiTense because counsel
| for the defense had not pctitioned for it,
Hence he would place il at $4,000.
Counsel for Capt. Howgatc then Said
that this bail could not be furnished and
the Commissioner thereupon ordered q writ
of commitment to be made out. The case
then passed from the hands of the agent of
the Department of Justice to those of Mr..
l.. p. Williams, deputy marshal of the Dis
trict, and at 1::}O o'clock the CAPTAIN was cs.
cortcd to iail In n hack, ACCOMPANIED by
Williams and Newcomb.
The next step on the part of the defense
will be writ of habcas corpus. Under the
| law notice of two days is required before
| such n writ can be made returnable. and
hence A. B. Williams, who is really the
brains of the defense, had this writ
ready to serve at once. 1t was
taken to the Jail later in the afternoon by
commissioner and will be rcturnable on
Friday morning before Judge Cox. 1t
rccites that the Captain has ,hrcray given
bond in the sum of $4,000, a,fa that the
demand of an additionalf$iApo0 is excess
i've, and that it should not b. entertained
by the court. The argument in the case
will be held on Friday morning at 10 o'clock
before Judge Cox, and meanwhile the Cap
tain will remain in Jail.
Gen. Hazen has been informed of the
habeas corpus but places no special stress
upon it for the reason that the present
charge is entirely different from the first
| In support of this he has filed with the
Commissioner q statement under the proper
dates, giving in detail the embezzlements
alleged against Capt. Howgate. They run
from October 1879, to the time he was dis
charged, or resigned under pressure. The
largest single item is under date of Septem-
Der %, 1879, for $l35OO, and the next
largest under date of July &c, 1850, for $12,-
100, the various other items aggregating the
difference. All through the presentment
made by Gen. Hazen are monthly sums of
$75 and 1925, said to be salaries paid his
female favorites.
In order to find out the precise status of
the Government side THE CRITIC reporter
called on Col. VIM. Cook, who has il in
charge. "What is the latest in the How
gate case?" queried THE CRITIC.
| Wall ~ said fba oil 90 va, nn,v