The daily morning journal and courier., 1895-02-25
CAPT. HOWGATE ACQUITTED
FOUND NOT GUILTY OF EMBEZzLE-
 lEENT AND FORGERY.

On the Issue Upon the Plea of the Statute
 of Limitation the Jury Found for the
 Government After Being Locked Up
 Seventy-two Hours.
 Washington, Feb. 24.-Captain How gate was acquitted to-day of the charges of embedding $11, 800 from the government while holding the office of disbursing officer of the United States signal office and of forging voucher for that amount to cover up his doings, The verdict was rendered about noon, when the jury had been locked up near ly seventy-two hours. Captain How gate received the announcement with out emotion, but after he had been taken to his cell he danced for joy.
 Judge McComas entered the court room shortly after Il o'clock and re- ceived word that the jury had agreed. Some time was spent in securing the attendance of the attorneys. Captain Howgate was brought from his cell. He smiled pleasantly and chatted with Miss Ida Howgate, his daughter, A moment later the jury filed in and the defendants smile changed to an ex- pression of anxiety.
 Judge McComas had instructed the jury to bring in verdicts upon three distinct points, The first of these was whether the government was debarred from prosecuting Howgate because of the statute of limitations. An aflirma- tion response on this point would have the effect of throwing out the indict- ments charging forgery and embez- clement and of disposing in like man ner of all the other indictments against the defendant. In response to Clerk Downs question Foreman Cissell stated that on the issue upon the plea of the statute of limitation the Jury had found for the United States and that on the issues as to the charges of embezzle- men and eprgery the jury had found the defendant not guilty
 Lawyer Wor hington gave convul- sive grasp to Howgates hand. The lat ter showed no signs of excitement, but his pallor gave way to deep flush and persons clapped thir hands and were I6pIQNtO Dy the UdlllllS. MISS 11OWSdlG sat unmoved Then the assistant dis trict attorney moved that the jury be boiled. Each responded for himself as the foreman had announced for the twelve, and MT Warrington arose with the remark that he supposed the defen- dant would be remanded to custody on account of the remaining indictments,
 Judge McComas said, somewhat stern ly; The members of this jury are now discharged.
 Howgate was then taken back to the prisoners cage and his daughter went out to get him some lunch. While the jlrym were go'rg to their homes How sate was skipping like a boy on the hard concrete in his cell. He said he thought the verdict could not have been in view of the evidence. Dis trict Attorney Birney said he was much at the verdict. If the jury had found that the statute of limitations ap- piled in the case he would doubt, he said, his right to bring Howgate to trial on the other indictments, but as the jury had decided that the statute did not apply he would give the defendant another chance to show whether he was not guilty.
 The whole delay on the part of the jury in reaching an agreement was caused by the plea concerning the stat ute of limitations. Immediately after the jury retired on Thursday ballot was taken on this question and result cd seven to five in favor of the defen- 1ant When the jurynen returned to heir cots last night they were still hope essiy apart on this point, but at ten o'clock this morning another ballot was taken and it resulted unanimously in favor of the government. The other two questions were decided in a few