Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-25
HOWGATE NOT GUILTY
Jury Finally Reached Decision on the
Case.
Cleared on Two Indictments, but
Eight More Hanging Over Him
lin the Jury Room.

WIS IL matter Oh universal PRISE
When the jury breakfasted in their room
at the CITY hall at o o'clock yesterday
morning an agreement appeared as far
from possible ever. But in about an
hour and half from that time the dead
lock was broken and an agreement had
been reached At noon, after being out
seventy-one hours and fifteen minutes, the
jury YEARLY filed into the court room, and.
in reply to the inquiries of Clerk Downs,
Foreman Cissel stated that while the jury
found that Capt. Howgate had been
fugitive from justice, they found him not
guilty on the two indictments at issue
The announcement was received with some
slight applause, which the bailin promptly
checked. and then. after the jury had been
polled, Judge McComas dismissed them by
rt marking sharply and shortly: Gentle
men OF the jury, you are discharged. For
a moment two the jury stood perfectly
still, apparently undecided just what to do
or say. Then they slowly filed out, went
upstairs to their room packed up their
Satchels and bundles and hurried home.
Meanwhile. the defendant had been warmly
congra tulated by his daughter counsel and
Il few friends, when he was returned to
the cage below the court room, having been
remanded to Jail by Judge McComaS to
answer the several indictments still stand
ing against him.
Getting COunseI.
When. about 1l:20 yesterday morning,
Judge McComas assembled the bench and
directed Crier Grouse to communicate with
the jury, no one had any idea that the
reply of Foreman Cissel would be any
other than that sent down the day before.
The defendant and his counsel. Messrs. A.
S. Worthfhgton. James C. Head and Jere
NJ. Wilson, We're present. and Miss Ida
Howgate, the defendants daughter, sat
beside him. bright and cheerful. and whis-
,Etre ;y,tTx boz f.t
ear. y Star reporter and one or two more
newspaper men We're also present, and In
the court room some twenty or more other
persons We're seated. The prosecution,
however, was not represented, District At
torney Birney and his assistant. Mr.. Levin.
having gone to church, believing that no
agreement would be reached. In a mo-
ment or two Crier Grouse returned and
stated to Judge McComas that the jury
had at length agreed. An effort was then
made to secure the attendance of Mr.. Biz
rey or Mr.. Levin They could not be
found, however, and then Mr.. Tracey l..
Jeffords, one of the district attorneys as
sistants, was telephoned for. He sent
word that ne would come to the court
house as quickly as possible, but 1t was
five minutes of noon before he reached it,
Meantime. court, counsel and defendant
had impatiently awaited his coming. The
suspense told severely upon the defendant.
but. under the encouraging words of his
faithful and confident daughter and coun-
s--l, he bore the Slrdln We'll
Upon Mr.. JeffordS' arrival Judge McComas
directed that the jury be brought down.
They came into the court room just as the
bells proclaimed the noon hour, and their
appearance fully told of their long con-
finement. In reply to Clerk Downs in
quiry, Foreman Cissel smilngly replied
that they had agreed upon a verdict. AS
to the issue arising under the statute of
he replied they had found for
the United States, meaning that the jury
believed that Capt. Howgate had fled from
custody. and had, therefore, been fugitive
from justice.
Not Guilty.
This statement rather discorcerted the
defendant and his counsel, and the general
expectation was that Foreman Cissel would
next state that the jury had found the de
PENDANT guilty. But, when the clerk had in
quired how they found on the Indictment
alleging the enlightenment of the sum of
$11 SD on the 9th day of September, 1877?
Foreman Cissei replied that they had found
the defendant not guilty, and as the fore
man next stated that they found the
defendant not guilty of forging the
name of Treasurer Rochester OF the West
ern Union Telegraph Company to voucher
emDez2led sum, a sigh of relief escaped
Capt Howgate and his daughter and coun-
sci and slight ripple of applause broke
forth from the few spectators.
Inc applause was IIStttHtiy NhcIhCd ny
the baillffs and then, at the request of Mr..
Jeifords, the jury was polled. Each mem
Der of il replied that his verdict was that
by the foreman. The verdict
l accorded. Judge McComas turned toward
the jury, and discharged them. with no
comment.
The Difference.
At first the members of the jury absolute
ly refused to make any statement when
asked as to the cause of their long delay
in reaching an agreement, explaining that
they had agreed to have nothing to say. 1t
gradually leaked out, however, that from
the first ballot up to their last, they had
differed as to whether Capt Howgate had
been a fugitive from justice. To Star re-
porter Il member of the jury stated today
that Foreman w. III. II. Cissel, Alex. ID.
Tucker. f. A. Beuchler. Norman Simpson
and Jos. r. Smothers, the colored member
of the jury had insisted that the defer liant
had been a fugitive from justice, and was,
therefore, not entitled to the amnesty or
exemption granted by the statute of limi-
tationS.
The remaining seven members of the
jury. Messrs. John H. Eubank, Thomas
kinsIow. VIM. Fl. CIaEston, Joseph Rich
ardson, Robert +. Wright, John q. Fidier
and T.. Fisher Latimer, the juror stated,
not only believed that the defendant was
entitled to the benefits of the statute, but
also believed that he was not guilty of
=
explained, was the result of a compromise,
the majority agreeing to surrender in cOn-
sideration of verdict of not guilty as to
the charges of emDezzlement and forgery.
the agreement was quickly made, ana
three ballots taken about loo yesterday
showed that the jury We're at
length unanimous in their conclusions.
Defendant Happy.
When the defendant, followed by mis-
daughter reached the cage, after the rem
dition of the verdict, ne burst into tears,
and for few minutes cried like child.
He soon recovered his composure, and to
a Star reporter stated that while he was
overjoyed because of the result of the
trial. he cared to say nothing more than
to state that he had at all times been very
confident of an acquittal, and believed
that the next trial. ii another there should
be. would result as the one just concluded
To lie Tried Again.
While District Attorney Birney is much
because of the result of the
trial. ii is his intention to try Capt. How
cate again. There are eight indictments
standing against the defendant at the
present time and 1T is expected the grand
Jury will return, before long, one, il not
several mere. All of the standing indict-
ments aIlaga embeZzlement. seven Of them
peen returned in 1881. Mr.. Brney conf
IDENTIFY expected TO convict capt. HoWSate,
and cannot understand how the jury found
fh.. n