Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-27
CAPTAIN HOWGATE DEMURS
Withdraws His Pleas Of Not Guilty and
Attacks the Indictments.
Clsim They Are Fatally Defective
fl Indictments Are Sustained.

AS stated IN yesterday 3 StdE WOulu De
the case, Capt. Henry w. Howgate ap-
peared in court this morning. and with
drawing the pleas of not guilty entered
years ago to the eleven Indictments against
him, entered a demurrer to each Of them.
For time it seemed that. owing to the
absence of Judges McComas and Cole. who
are at present presiding over the criminal
branches Of the District Supreme Court,
nothing would be done in the matter to-
day. Finally, however, Judge Cox consent
ed to open Criminal Court No. 1 for the
purpose, and the matter was heard by him.
The proceedings were done so quietly and
quickly that not more than a dozen or SO
spectators we're in court when the matter
was called up.
Mr.. A. 8. Worthington appeared on be-
half of the defendant, District Attorney
Birney representing the government. When
capt Howgate followed his counsel into
the courl room his appearance was about
the same as when he was brought on from
New York several weeks ago. He wore the
same gray suit, turn-down collar and old
fashioned tie, neatly folded beneath Ii, and
his reddish-gray beard was as closely and
neatly trimmed as before. His eyes were
bright and piercing, and he looked to be in
the best of health and spirits.
Addressing the court, Mr.. Worthington
explained that years ago, shortly after the
filing Of the indictments, Capt. Howgate
had pleaded not guilty to all of them, re-
serving the privilege to withd aw such a
plea for the purpose of demurring to them.
That the defendant now wished to do.
Replying to Judge Cox, hIr. Blrney stated
that he would offer no objection to sucI
course. Although" he smilinSly said, 1.-The
defendant has delayed taking such action
for quite length of time
Mr.. WorthIngton then filed the demurrers.
explaining that they charged that all of the
Indictments were fatally deficient, and that
the defendant withdrew his plea of not gull
ty to each indictment. Judge Cox Greeted
that order to shat effect be entered, and
the defendant VAS then taken back to Jail.
Rensops for Denurring.
AS heretofore explained in The Star, four
of the eleven indictments standing against
Capt. Howgate charge him with forging
certain papers while disoursing officer of
the signal corps, the others alleging that
he embezzled certain sums of money while
acting such. The demurrers filed today
in the erlbezzlemsnt cases charge that the
indictments allege no oifense, nor enc of
which the court has jurisdiction; that they
are too general and uncertain, SO that the
defendant is not informed of what he is 20
meet, nor is he protected by them from an
other pros ecution for the same supposed
offensej that they 10 not charge that the
alleged conversion was fraudulent, or with
any wrongful intent or injurious effect;
that they do not sufficiently describe the
money converted, nor do they aIlege the
value thereof; that they do not aver that
the defendant was disbursIng ofilcer
that the statement that he was legally ap-
pointed is merely conclusion of law, and
that the indictments do not aver that at
the time the money alleged TO have been
converted to defendants Use was money
intrusted to him.
In the matter of the indictments charging
forgery the demurrers charge that they are
falsely defective, because the facts averred
therein constituted no offense under the
laws Of the District in force prior to the
filing of the indictments. 1t is also charg-
ed that the indictments fail to allege that
the acts charged, or any of them, were to
the prejudice of the right of any person,
body polite or corporate, or association;
that they give no explanation of the mean
ing of any OF the numerous abbreviatlons
and ambiguous terms contained in the al
legged forged papers; nor do they show how
said alleged forgeries could have been used
to the injury OF the United States or of
any person. that the defendant is charged
with number of independent offenses, such
as forging and altering, and causing to be
forged and altered, and aiding in forging
and altering, the charges being insufficient
iy made, as, for instance, in charging alter
ing without specifying what the altera-
ton was, and in charging the defendant
with causing to be forged and altered with
out naming or identifying, in any way, the
person who was caused to forge or alter;
that the indictments do not aver that the
defendant knew said papers to be either
falsely made, altered, forged or counter
feited; that they fail to charge that the al
legged offense was committed on any certain
date, and that they charge the defendant
with forging name and not a paper.
Not Responsible.
After the court had adjourned District
Attorney Birney stated to Star reporter
that the hearing on the demurrer would not
be had before the 18th of next month, but
hn Rr- Got taf
date. Until they were disposed Of he ex-
planned, there could be no trial on any OF
the indictments. Asked whether, in the
event of the dsInurrers being sustained,
Capt. Howgate would or would not be re-
indicted, Mr.. Rirney replied: "As to that
do not now care to commit myself. We will
wait until that question arises, IL 1t ever
does arise. But 1 wish IT understood that
the indictments were prepared by counsel
specially engaged by the Department of
Justice, Mr.. William A. Cook. If they
should prove to be defective, 1t Will be
matter of which neither myself nor the
district attorney in office at the time they
were returned, the late Col. George b. Cork
hill can be held rsponsible."
Before the hearing today took place it
was rumored about the city hall that Capt.
Howgate intended pleading guilty. But
when questioned about it both Mr.. Blrney
and Mr. Worthington ernphatically declared
that there was not the slightest ground fer
such q rumor, the latter rcmarking: If
Capt Howgate is ever convicted 1T will only
be after the greatest legal fight ever seen
here
1t was stated after the hearing that
Messrs Shellabarger and Wilson would be
associated with Mr.. Worthington in the
defense Of Capt. Howgate. 1t was also
stated that Col. Robert G. IEgersoll would
probably appear in his behalf. To a Star
reporter Capt. Howgate stated today that
he had nothing to say respecting his case,
leaving his counsel to say anything neces-
sary to be said. He said he was feeling In
the best of health and spirits; that is, as
well as a man deprived of his liberty could
feel, and that he was given every privilege
consistent with the rules of the Jail. For
all of which, he added, he felt very CRATE
ful.
RESCUED THE MINERS.