Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-04
TRIAL CONTINUED
Howgate Case Goes On Without Mr..
Worthington.
UNIMPORTANT EVIDENCE TODAY
Time Spent in Going Over Old
Western Union Accounts
ACKNOWLEDGEMENTS

Although Mr.. A. S. Worthington, one OF
Capt. Henry w. Howgate's counsel, was
| unable because of illness to appear in court
today, the trial, by direction of the court
| and despite the objection Of his other coun-
sci, Mr.. Jere NJ. Wilson, proceeded this
morning. AS stated in The Star last Fri
day, Mr.. Worthington is suffering from an
attack of the grip. He is still confined to
his bed, and Mr.. Wilson this morning SO
| Informed Judge McComas. and asked for q
short postponement of the trial.
Mr.. Wilson said that Mr.. Worthington
was perfectly familiar with the details Of
the case. and. unfortunately for the de-
fendant, he was not. He felt that he (Nil-
SOM was not, therefore. prepared to proceed
without his associates assistance. and was
confident that if the trial should proceed
during Mr. Worthington's absence the de-
fendant would be placed under a very
great disadvantage. Mr.. Wilson, therefore,
earnestly requested for a reasonable post
ponement Until Mr. Worthington should
have recovered.
Judge McComas thought, however, that
Mr.. Wilson was sufficiently familiar with
the case to have 1t proceed during MIR.
Worthington's absence. and remarked that
If it became necessary the witnesses for the
defense would be recalled when Mr.. Worth
ington appeared.
Trial Continued.
Mr.. Wilson noted an exception to the
| courts ruling, and then District Attorney
Birney called to the witnesse stand Edwin
T. Mckay, who stated that he was an ex-
pert accountant, and was chief accountant
in the Office of the auditor of the Western
Union Telegraph COMPANY during the
years 1873 and 1879. Being shown the books
Of the company kept during those years,
Mr.. Birney asked the witness II the en-
tries therein were correctly made.
Mr.. Wilson vigorously objected to the
question, on the ground that the answer
would clearly be hearsay evidence. The
testimony was also. irrelevant, remarked
Mr.. Wilson
Mr.. Bfrney explained that the entries
were exact copies of the bills rendered by
the company to the signal service office.
and the object Of the inquiry was to neg
ative the intimated contention Of the de-
fendant that the bill in question, for $11 500.
and other bills, had been rendered to the
office by the company. For that reason.
| argued Mr.. Birney, the inquiry was per-
fectly proper.
But Mr.. Wilson called attention to the
fact that the company, and not the defend
| therefore. was not chargeabie with the fact
that only a record Of certain bills were
kept by the company. The bills themselves,
said Mr. Wilson. should be produced.
that the bills had been destroyed years ago
by the direction of the Secretary of War,
by authority Of an act Of Congress pro-
viding for the destruction Of accumulated
passed accounts.
Then, may it please your honor" ex-
claimed Mr.. Wilson, Il urge as an ad-
ditional objection that the government,
having destroyed its own evidence, Is pre-
cluded from now employing secondary EVIL
dence The government, having knowingly
destroyed such evidence, I submit that It
cannot now make use of any other"
The Judge Rules.
Judge McComas said that he understood
the purpose Of the government to be to
snow what bills had been rendered by and
paid to the company, and in that way ex-
clude the conclusion that the bill and
voucher referred to in the two indictments
had been included in the accounts referred
to. The accounts, the government claimed
were part of the res gestae, and the court,
being Of such an opinion. would admit the
evidence objected to. especially as the gov
ernment had promised to show the totals
Of the entries made prior and subsequent
to the one mentioned in the indictments,
October Is, 1879.
Mr.. Wilson noted an exception to apply
to all of the entries, and Mr.. Mckay then.
month by month"; beginning with January
/, 1873, figured out the totals of the pay
ments made by the Office to the company.
Another Witness.
It was soon discovered that the ascer-
tainment of the totals would consume q
great deal of time. and while the witness
went over the books, court and counsel
sat idly by for an hour. At length Judge
McComas suggested that another witness
be called while Mr.. Mckay went over the
accounts. Mr.. Birney then called James
L. Whitesides Of the weather bureau. He
testified that he had been In the office since
June. 1884, and stated that he had assisted
in asserting the papers which had been
destroyed Those destroyed were letters re-
ceived during the years 1879, 1880 and 1851.
The papers were sent to Mr.. Thorpe. the
property clerk OF the War Department.
who destroyed them.
To Mr.. Wilson the witness stated that
he had discovered bills rendered to the
office unaccompanied by letters Of trans
initial.
The witness was then excused, when Mr..
Mckay proceeded to give the totals Of the
bills Of the telegraph company paid by the
signal service office during the years 1878
and 1870. That done recess was taken
at 1888 until Ills.
After Recess.
Upon the resumption Of the trial after
recess Mr. Mckay stated to Mr.. Wilson
that he recalled a payment Of 100000 by
tho signal service office to the company.
but 1t was, he thought, five or six years
ego.
To Mr. Birney the witness stated that
the bills of the company, would be reduced
by the office monthly, and at the district
attorneys request he went through the ac-
count books for the years 1879 and 1850.
showing the monthly reductions averaged
atout 5000.
To Mr. Wilson the witness explained tho
deductions were made because Of over
charges by the company-that Is, because
of messages not being delivered, fallen
wires etc. Disputes in such matters COW
cred a period of fifteen years.
That concluded the testimony Of Mr.. Nc
Kay, and District Attorney Birney called
Geo. w. Yates Of the United States treas
urer's office at New York. He produced
number of checks drawn by the defendant
in payment of bills of the Western Union
Telegraph Company during the years 1879
and 1880. Mr.. Birney read those paid dur
ing 1879, several of them being in payment
of services rendered by the company dur
ing the preceding year.
The vouchers for the checks, said Mr..
Birney, had already been put in evidence.
his purpose being to show that all accounts
fendered had been settled, and that the
checks were made payable to the Western
Union Telegraph Company or order, while
the creek referred to in the indictments
was made payable to bearer.
rrbo frooSrrer of the telaRraph cOnlpanY.