Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-14
TO SERVE HIS TERM
Captain Howgate's Appeal Decided
Against Him.
he Is NOW IN JAIL
Opinion of the Court of Ap-
peaIs.
JUDGE M'COMAS UPHELD
JUDGE MCOMAS UPHELD

AS was exclusively stated In The Star
yesterday would be the case, the Court Of
Appeals today affirmed the judgment of the
court below in the case of Capt. Henry w.
Howgate, who was convicted here last
June of forgery and Justification of his ac-
counts in 1879 while disbursing officer of
the United States signal corps. And, as
was also intimatai in The Star, the opinion
of the court, a most voluminous one, was
written by Mr.. Justice Morris. Acting upon
the statement in yesterdays Star, Capt
Howgate's counsel last night telegraphei
to him at New York, and this morning he
reached here ard at once surrendered HIM
self to Marshal Wilson.
The decision of the Court of Appeals has
been awaited with general and unusual in
terest and at the city hall today it re-
ceived universal approval No less than
fifty-two errors We're claimed by the de-
fendants counsel, Messrs. Worthngton &
Heald and Mr.. Jere NJ. Wilson, to have
been made by the court below at the trial;
but, as Mr.. Justice Morris remarked in de-
livering the opinion of the court, THE most
important question in this case, that upon
which most reliance is placed on behalf OF
the defense, is that of the application to
the case of the statute of limitations"
This statute provides that no Indictment
shall be returned three years subsequent
to the commission of the alleged offense,
justice.
Case Reviewed.
Mr.. Justice Morris then goes on to state
that the two indictments on which Capt.
Howgate was convicted were returned April
l, 1885, some sixteen years after the alleged
offenses We're committed. The defendant
escaped from here in April, 1882 and, not
being arrested until September, 1894, the
government claimed that the indictments
were valid, because the defendant had been
a fugitive from justice. The government in
troduced evidence showing these facts, no
objection being made by the defense to its
introduction, but when they proposed to
show that between the years 1882 and 1894
the defendant had been seen publicly and
without disguise or concealment in various
parts of the country, and that he was not,
therefore, a fugitive from justice, the gov
ernment objected to such testimony on the
part of the defense. and then the defense
moved to strike out the governments tes-
timony on the point, when the court Judge
McComas) refused to allow the admission OF
the defendants testimony.
Was a Fugitive.
The Court of Appeals fully sustans the
ruling of Judge McComas in the matter,
Mr. Justice Morris remarking: "a man
who effects his escape from the custody Of
the law, under which he is held to await
trial in pursuance of an Indictment against
him, is no less a fugitive from justice be-
carse pt reliance his keepers or others have
ntSligently or willfully aided and abetted
his escape Nor does a fugitive from ius-
t!ce cease to be a fugitive because he has
been seen somewhere in public or because
officers of the government have conversed
with him and have failed to take action to
secure his rearreSt."
The claim was also made by the defense
that because Captain Howgate did not
leave the country he was not without the
jurisdiction of the court, but the Court of
Appeals holds that, as he could be tried
only in the District, his flight amounted to
fleeing from justice. The defense claimed,
too, that the Statute having once begun to
run 1t did not stop running, and the three
years, therefore, expired long before the
indictments were returned And 1t was
further claimed by the defense that adding
the time between the commission of the Of
fenses and that between his arrest and the
finding of the indictments the time made
more than the required three years.
Speaking for the Court OF Appeals Mr..
Justice Morris holds, however. that IT finds
no warrant whatever for this theory of in
terruption and addition. The law, he says,
makes the provision for any such inter-
ruption and addition, and the courts have
no right to make it, The proposition that
the statute. being once begun, did not cease
running account of the defendants
flight and that the statute became absolute
after three years, the court regards as
likewise untenable and unsound. To hold
otherwise, it is stated, would be to make
the statute nullity, and would put 1t In
the power of any criminal to defeat the
tice Morris. take the statute to mean
what its language plainly imports. that a
person who fees from justice before its
bar takes effect shall have no benefit what
ever from It,"
No Errors Found.
The many other rulings of Judge Nc
Ccmas claimed by the defense TO have been
erroneous the Court OF Appeals hold other
wise, saying that it is unable to lind any
NV ba ind fn~ whit hA
judgment of the trial court should he re-
versed. 1t is, Therefore, ordered that the
judgment of the court below be affirmed.
Bore Up ManfuIly.
Capt. Howgate, after surrendering HIM
self this morning, remained in the Office OF
Marshal Wilson for some tine before being
sent to Jail, where he was visited by his
daughter Miss Ida Howgate, and by Mr..
A. 5. Worthin.t-n n Of his counsel. lie bore
his misfortune with wonderful calmness,
remarking that the decision of the Court Of
Appeals was not unexpected by him. His
daughter, who has been most devoted and
loyal child throughout her fathers trou.
bies, was, of course, terribly disappointed.
She remained. however remarkably calm,
although 1t was plainly apparent that she
vas doing under great strain. Capt.
Eowgates greatest concern seemed about
his daughter, and he remarked that while
the time might pass rapidly for him, he
feared it would pass but too slowly for her.
In imposing sentence, Judge McCofnas
directed tha: it take effect from the day OF
imposition, July 2 last. For good behavior
in prison Capt. Howgate will be entitled
to a reduction of thirteen months on each
sentence, two years and two months In all,
which will make his term of actual i'm
prisonment two months short of six years.
1t is understood that no further attempt
will be made in the case for a reversal OF
the Judgment, although the prisoner will
not be sent TO the pententiary for two or
three weeks, ii is said.
Mr.. Crisp begins His Campaign.
BY special invitation, conveyed By joint