Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-26
THE HOWGGTE INDICTMENTS
Judge HcConas Will Consider the De-
murrers and Arguments.
Mr.. Cock Denies Having Drawn the
Northumberland Jury Listens
to More Witnesses.

The hearing before Judge MeComas, in
Criminal Court No. /, on the demurrers
filed against the indictments In the case of
Capt. Henry w. Howgste was resumed
this morning. The attendance was again
small, those present being for the most
part members Of the bar, although during
the course of the proceedings many out
sidcrs passed in and out, the presence of
the distinguished prisoner evidently being
the only attraction
Previous to Mr.. Worthington making the
concluding argument in support of the de-
murrer District Attorney Birney submit
ted to the court several authorities, which,
he argued, sustained the form of the in
dictments. Mr.. Worthington then proceed
ed to make the concluding argument in
the case, first addressing himself to the
authorities quoted by the government dur
Ing the hearing. 1t seemed, said Mr..
WorthingtOn, that those authorities which
had been quoted by the government as
sustaining the indictments alleging en-
bezzlement operated more against the
prosecution than against the defense, for
none OF them really opposed the contention
OF the defendant that the mere insertion
OF the words of the statute would not do.
III, said Mr.. Worthington, grand jury
could charge in general terms a defendant
with crime, and a district attorney could
quote authorities to fit the peculiar form
or the Indictment, who but the district at
trial?
Why. said Mr.. Worthington, If the con-
tention of the government was true, that
the assertion of the accounting officers Of
the Treasury Department that when the
accounts of disbursing officer We're not
properly returned it was shown that the
disbursing officer had converted funds to
his own use, there was not disbursing
offcer living or dead who would not at one
time or another be in danger of E term in
the penitentiary. The whole truth Of the
matter, said Mr.. Warrington, was that
the accounts Of the Treasury Department
officials were kept in such a manner that
no one but the officials themselves could
understand them. The government in one
breath, said Mr.. Worthington, exclaimed
that it would furnish a bill of particulars,
and In the next breath declared that a bill
OF particulars couAd not be given. 1t was
the settled precedence of hundreds OF years,
said Mr.. Worthington, that in an indict-
ment, alleging embezzlement, the money
alleged to have been embeZzled must be
described and If a description Is not pos
sible that fact must be set out. Yet the
indictments in the present case signally
and wholly failed to do either, explained
Mr.. Worthington, and therefore were IA
tally defective
Speaking of the indictments alleging
forgery, Mr.. Worthington commented upon
the necessity Of 1T being set forth that the
forgery was knowingly done, witt. intent
to deceive md to the prejudice of some
person. That had not been done. he con-
tended, and hence the indictments We're IA
tally defective The district attorney said
Mr.. Worthington, had not cared to discuss
the forgery indictments, apparently being
convinced that they would not stand, and
Mr.. Worthin3ton closed his argument with
the remark that he felt no further neces-
sity for argument on them.
Mr. Nofthington was. followed by Mr..
Jere M. Wilson who m a few words called
the attention CT the court TO the fact that
IT did not appear from the forgery indict-
ments what the papers alleged to have
been forged were, nor did 1t appear in
what manner or to the prejudice of whom
they were forged
Mr.. Cook Denies.
At the conclusion of Mr.. Wilson's re-
marks Mr.. VIM. A. Cook arose and asked
the indulgence of the court for q word Of
explanation. He said 1t had been indus
triously circulated by the district attorney
that he Cook had drawn the indictments
The statement that he had drawn them
was absolutely false. He had nothing
whatever to do with them
Judge McComas remarked that Ii was a
matter not to be considered by him. and
then announced that lie would take the
matter of the demurrers under considera-
ton nd render his decision at as early a
day as possible.
Grand Jury Witnesses.
The grand jury again today had before
them witnesses in the matter Of the ex-
pected new indictment against Capt How
gate. among those summoned today being
c. w. Doing and w. G.. Bone. By Doing
the man from whom Howgate escaped, 1t is
thought that the government proposes to
show that the defendant was a fugitive
from justice. The new indictments it is
said may be expected some time this
week