The evening times., 1895-11-14
nEyIEws ALLEGED ERRORS.

appeals. ~---~-
REVIEWS ALLEGED ERRORS.
Fifty-two assignments Of error, based
upon upwards or sixty exceptions, are re-
viewed, tue questions OF la " raised there
by being no more than four r--F
1t is sufficient 10 kpow, the opinion
states, upon the charge OF forgery, 'lnat
by the statute law or the United States
tue act charged against the appellant In
tue first court is branded as criminal
act, and that II The indictment charges
the offense in the words OF the statute, ana
Is not otherwise IDsuiIicIent or detective
We need not inquire wnether The indict
ment would have been sufficient at the
common law.
THE same reasoning in substance as
that employed with reference to the first
viii appiy 10 the objection 10 the second
Indictment, which is Iound unGer the same
statute not Tor the falsifiCation. but Tor
the transmission 10 the Treasury Depart
mcnt or the paper SO falsified which iraris-
mutual is itself a criminal offense, ,nue-
pcnuent OF the oIfense OF falsiication."
Tie argument that the deicncant did not
know Tire instrument to be false the court
declares TO be untenablc. Even If it
should be assumed that the second indict-
ment is defective because ii Goes not suffi-
ciently charge knowledge on The part OF
the appellant, it does not certainly ana sBf-
ficiently Charge him with criminal knowl-
edge in the matter or the transmission OF
the certificate attached to the account
current, which became a false and fr2 dulent
paper by ills Icing attached to that ac-
count"
Independently of the contention OF the
prosecution, which seems to be well founded.
that the allegation OF the indictment has
reference not to the time, but to the place
upon the paper, Of the alleged Justification.
1t seems To US that the position of the
appellant III this connection cannot be sus-
tanned upon any ground.
We must say tGat any attempt to show
| that the appellant escaped from custody
with the connvance ur concurrence uf those
who were charged with the duty OF his
| safekeeping, and that the failure to recap
! ture him was the result either of neSh-
| gence or of Unwillngness on the part of
! persons in authority, Is wholly iminaterial
| and irrelevant
The court holds that the statute Of lin
itations does not apply.
| Counsel for Capt. howgate have asked
| delay of one week, wniGn was !leiGeu Oy
District Attorney Birney. The reason for
this is for the purpose of conference, but
| as there are three decisions OF the United
| States Supreme Court in similar cases ad-
verse to defendant, it is not believed any
steps for appeal will be taken.
LAST HOPE ABANDONED.
| When a reporter called at A 8. Worth
| ington's office this afternoon he found the
lawyer was absent. Those in charge did
not anticipate his return until late in the
fternoon. Judge Wilson, another at
torney for the defendant Immediately after
the decision in the Howgate case, began
arguments, as quietly as ever, in another
case upon which he had previously been
retained.
what action Capt. Howgate's attor
neys will take" said Lawyer Head. Mr..
Worthing tons partner, Il cannot say,
not having seen Mr.. Worthington .ince the
decision. 1 hardly think he would know
his intentions this early after the decision
of the court Of appeals has been made.
However, l am positive that neither Judge
Wilson nor Mr.. WoEthington will leave any
stone unturned in favor of Capt. Howgate."
Several prominent attorneys in speaking
of the case today said that the trial had
now finished the highest court, and in this
sequently Capt. Howgate Is destined to re-
main i'll jail.
Col. Worthington was seen later and said
the last act had been performed. so far as
the courts are concerned, and nothing can
intervene but executive clemency to pre-
-ent Howgate serving his time in the
Albany penitentiary.
The prisoner was removed to the District
Jail, where he will remain few days to
permit him to close up his business affairs
prior tn his removal tn Albany to begin
serving his sentence.
He was accompanied to the Jail by
young woman who had just been convicted
of bigamy.