The Washington times., 1895-06-13
OLD TESTIMONY EXCLUDED
Serious Loss to the Defense in the
Howqate Trial.
Ruling of Judge McComas Cuts Out
Greater Part OF the Defendants
Evidence.

new feature was developed yesterday
in the trial OF Capt. Menry w. Howgate
for making false account and for for~ery
IN connection With the robbery Of the gov
ernment charged against him when he
was disbursing officer OF the Signal Service
Bureau, sixteen years ago.
The prosecution finished hearing wit
nesses yesterday morning, and the first
witness for the defense was j. G. Thomas,
Librarian of the MethDd,: Book Concern.
in New York. He testified that he had
known Capt. Howgate from 1889. 1t
evidently the purpose of the testimony to
show that the defendant had not been a
fugitive from justice, but had gone about
New York freely, had met his friends,
and could have been brought here at any
time.
Mr.. Birney objected that this testimony
was not admissible, and the jury was ex-
cused While the question was argued.
Mr.. Birney and Mr. Levin for the gov
ernment, and Mr.. Worthington and Judge
Wilson for the defense, We're heard at
great length upon this subject, and numer-
Gus authorities Were cited by both sides.
Mr.. Birney held that the question OF the
application of the statute OF limitations
to the case had been passed upon by the
court. To allow the introduction of testi-
mony to show that he was not a fugitive
would be misleading to the jury.
Mr.. Worthington argued that If the
prosecution was allowed TO show that
Capt. Howgate had made his escape and
kept out OF the way the defense certainly
ought to be allowed TO introduce evidence
in rebuttal to show the opposite facts to
be true.
AT the chose OF the day Judge McComas
excluded as immaterai evidence offered
a the last trial and about TO be offered at
this to show the defendants whereabouts
nom SS4 till his arrest last September; also
all communications with persons whom
he defendant had formerly known and who
had knowledge of his whereabouts, together
with all evidence bearing upon the question
whether the defendant was person fleeing
aud not entitled 10 tie statute of liml-
tauions.
The attorneys for the defense were di-
rected to present Il written statement to-
day showing what further testimony they
propose TO offer. Upon looking over this
il is understood, Judge McComas will make
an additional decision setting out exactly
what testimony OF that offered shall be
offered.
1t is understood that this ruling by
Judge McCumas cuts out a greater part
of the evidence for the defcnse This
evidence was placed quite fully before the
jury at the last trial, and it is believed
went far toward securing an acquittaI.
The lack of it at this time, win il is
supposed, prove a most serious loss
The government has made out a much
shorter, simpler case than was possible
in February, the principal facts being the
purchase of American Union stock by Capt
Howgate with government funds and the
conversion Of the vaHie to his own use
Mr.. L. II Rogers testified that lie had
sold the stock upon Capt. Howgate's
order aud lad turned the proceeds over
To Capt. Howgate. Thomas F. Clark,
formerly OF the American Union, testi-
fled to making out the stock for Capt.
Huwgate, and transferring it on the books
of the company TO the purchaser found by
Mr.. Rogers. He produced the books
showing The entries