Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-12-31
Some Surprises in Judge McComas'
Court Today.
TEE PRISONERS PLEA OF NOT GUILTY
District Attorney Bimey's Replica
ton Astonishes Counsel.
DEM RRERS OVERRU LED

1t was expected that when the ease Of
Captain Henry w. Howgate was called up
before Judge McComas this morning argu-
ments would be made on the denlurrers
filed Saturday by the defendant to the
three indictments recently returned against
him. Counsel for Captain Howgate, how
ever, stated that as the demurrers were
substantially similar to those passed upon
by the court several weeks ago they would
submit them without argument. District
Attorney Birney explained that as nothing
had been advanced by the other side he
did not care to discuss the demurrers
Judge McComas thereupon promptly ever
ruled the deInurrers.
How gates Plea 10 the New Indict-
ments.
That done, counsel for the defendant
noted an exception to the courts ruling
after which Mr.. Birney again asked that
Capt. Howgate be required to plead to the
three Lew indictments. Counsel for the
defense thereupon promptly instructed
their client TO plead that he was not
guilty, because The indictments had not
been found and returned within three years
next after the commission of the alleged
offenses. embezzlem@nt and forgery.
on such pleas the district attorney at
once joined issue, bat oSked for a recess Of
an hour in which to prepare his replication
Mr. Birney's request WAS granted, a recess
being taken until noon. When court recon-
Vened Mr. Brney hled a replication to Capt
HoWgate's pleas OF not guilty because OF the
statute OF limitations TO The effect that the
defendant was fugitive from justice from
April II, 1SS2, until the 2ith of last Sep
temDer.
Counsel Demur i'm Surprise.
To the governments replication Capt
Howgate's counsel, Messrs. n. S. Worth
NJ III
a demurrer in the case of each of the
indictments. They naively inumated TO
the court that the district attorneys repli-
cation had taken them completely by sur
prises and requested an adjournment until
Wednesday in order to give them time in
whici recover from their asloniShment
syiIc, ~, . prepare their demurrer.
Jud. .3.t...-s. however, thought that
they ,..'4 =, over i'll Just sixty minutes.
ald iii c.. recess for that length OF
time.
During t recess 1t was explained that
counsel for Capt. Howgate had twoioid
purpose in mak!ng the several diiatory mo-
lions they had made; one was 10 be aDie
to take advantage of every possible eN-
Ccptiou III the event OF d conviction, anu
the other was to so delay the trlGl as to
escape a trial before Judge McCunas. 1t
was said thar Capt. Howgate's Counsel had
hoped To delay the trial until alter the as
sigument of the members OF The plstricl
supreme Court fOr The year $50 had been
made. when, 1t was expected, Judge Nc
Comas would be assigned to some other
than The court in Which Capt. Howgate
would be brought to trial
Judge NcCuuias' E.cauest.
AS stated in The Star last Week, the as
signment of the judges has not yet been
made, although usually made during the
last week OF the year. Ia explanation OF
th, delay in the matter of the assignment
of the Judges, il was stated today that
judge AICComas, in view of the fact tSat
the EoWgate cases had SO fJr been con-
sidcrcu in his court, had requested that 10
assignment be made which would prevent
him from presiding at the trial OF Capt.
Howgate And. as c&pllihed In The Star
OF last week, il Is uaderS GOD that no as
sGEmeIt viii be made which VIII take the
case from Judge McComas.
= Demurrer FILLED.
AT l:3o the hearing was resumed, when
Mr.. Worthingtoh fled a demurrer TO the
replication filed by the district attorney.
The demurrer which was submitted with
out argument, says that the replication is
bad in substance. Judge McComas over
ruled the defendants demurrer TO the
replication whereupon the defendant fled
a rejoinder to the governments replica
ton. The re Joinder recltCS that Capt How
gate for eighteen months prior 10 his al
lcged fight on April II, lS52. was con in
uously and openly resident OF the Dis
trict and that during that period he was
not only indicted for the alleged offenses,
Int also appeared and pleaded to them.
To the rejoinder the government demur-
red and the hearing then went over until
l o clock next Wednesday.