Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-01
ANOTHER DISAPPOINTMENT
The Long-StaAding Howgate Case Again
interrupted by Sickness
MT. wOrthinEtOn Not Well Enough to
Continue TOday-BOth Sides
Are CONFIDENT.

Sickness of ore of those engaged in the
trial of Capt Henry w. Howgate again
caused a postponement Of the trial today.
This time it was the illness Of one of the
counsel. Mr.. A. S. Worthington. who. with
Mr.. Jere NJ. Wilson, represents the defen-
dant. A letter from Mr.. Worthin Gton's
physician stated that his client was con-
fined to his bed by a bad cold. The doc
tor informed Judge McComas that Mr..
Worthington's illness was not serious, and
that he would be able to resume his du-
ties on Monday. The defendants counsel,
IL was explained by his clerk, was suffer
ing from the grip.
After consulting with Mr.. Wilson and
District Attorney Birney. Judge McComas
explained the cause of Mr.. Worthington's
absence to the jury, stating that he very
much regretted being compelled to again
delay the trial. But. said the court, MIR.
Wilson had assured him that he was I'M
prepared to proceed in Mr.. Worthington's
absence on SO short q notice. and the trial
would. therefore. be adjourned until Mon
day morning. when it was more than
probable that Mr.. Worthington would be
we'll enough to attend. Judge McComas
thereupon discharged the jury until that
time. cautioning the jurors particularly
not to talk about the case among them
selves or with others. and directing them
to permit no one to talk about the case In
their presence.
Judge McComas subsequently informed
counsel that the trial must proceed Monday
morning, whether Mr.. Worthingto1 Is then
able to attend court or not.
Both Sides Confident.
1t is an open secret that counsel for the
de PENDANT are very confident of conclu-
sion of the trial favorable to their client,
Notwithstanding the equally confident con-
trary belief of the prosecution. The con-
tention of the defense, 1t is believed from
their examination of Auditor Van Every
of the Western Union Telegraph Company
yesterday and of other witnesses Tor the
government, is that the check for Sli,Soo,
mentioned i'll the two indictments On which
the defendant is now being tried, was given
in payment Of previously disputed claims
of the telegraph company. In support OF
such belief il is pointed out that the de-
feEse have not once denied that the check
was given and paid, the defendant, how
ever, maintaining that he did ,iot receive
the money, and intiniatng that the check
was regularly forwarded to the Washing
ton manager of the company for TRANSMITS
sion to tire company treasurer at New
York. Whether the company did or not
receive the check. the defense claim, is an
immaterial question. it being incumbent
upon the government, they assert to at
tirmativcly show beg ond any and all doubt
that the defendant received the money
for his own use, and that he forged the
name of Treasurer Rochester of the tele-
graph company to the missing voucher.
Expects to Prove.
Such things the defense confidently say
the prosecution cannot show, while District
Attorney Birney, just as confidently, says
he can and will show. One of the surpris-
ing things IN the trial. it is said, is the fact
that the defense offered no objection to the
introduction in evidence of the photo
graphic reproduction of the missing vouch-
er. In explanation, it is SAID that The
defense wished to have 1t shown to the
jury that the missing voucher was regu-
larry approved by the then chief signal
officer, the late Gen. Myer; their contention
being that If the voucher was forged, it
was forged by some one other than the de-
PENDANT.
Another contention of the defendant will
be, 1T is already evident, that he never
was in point of law a fugitive from justice,
and, 1T is said, quite a number of witnesses
will be called by the defense for the pur-
pose of showing, il possible, that the de-
PENDANTS whereabouts was fully known to
the authorities during the years between
Ills escape, April. lSS2, and his apprehen-
sion last September, and that no effort was
ever made to arrest him until last fall.