Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-29
THE CASE POSTPONED
One Of the Howgate Jurors Taken Sick
Suddenly.
May Necessitate Commencing the
Trial All Over Again-An Adjourn
ment Taken Until Tomorrow.

Upon calling the roll Of the jury in the
Howgate case this morning but eleven
members answered. The absent juryman,
Mr.. Joseph Richardson, Clerk Downs ex-
planned to Judge McComas, had telephoned
about o'clock this morning that he had
suffered a chill last evening and was too
unwell to appear in court.
Mr. Worthington, on behalf of Capt How
gate, expressed a willingness to proceed
to the end of the case with jury Of eleven
men, but District Attorney Birney objected
on the ground that the case presented
against the defendant was a felony. Judge
McComas agreed with the district attorney,
and refused to allow the case to be decided
by eleven jurors.
Then Mr. Worthington suggested that. If
it appeared that Juryman Richardson was
seriously ill, the jury be discharged and a
new one at once selected; that there should
be no delay in a trial Of the case.
His Condition.
Judge McComas considered it best to first
ascertain the precise condition OF the SICK
juror. So Marshal Wilson was directed to
bring the absent juryman's business asso-
ciate, Mr.. Burgess into court, who, 1t was
said, knew Mr.. Richardson's true condi-
ton. After a delay of about an hour, Mr..
Burgess appeared in court, but could give
little information concerning his associates
sickness. Mr.. Richardson, he stated, lived
in Mt. Pleasant, and Judge McComas, at IL
o'clock, ordered a recess until O'Clock, In
the hope that the sick man might at hat
time lind himself we'll enough to resume
his duties in the jury box.
The Case Adjourned.
Upon the assembling Of the court after
recess, Judge McComas stated to counsel
that he had received a letter from DR.. l..
b. Swormstedt, the physician of Juror
Richardson, in which the doctor stated that
Mr.. Richardson was suffering from an at
tack Of acute rheumatism, suffering great
pain, and would probably be confined to
his room for several days.
Mr.. WorthinSton then stated that, as 1t
appeared from the physicians certificate
that the sick juror would be prevented
from serving for several days. he would
suggest that the jury be discharged, the
eleven men now in the box be sworn, and
the twelfth member of the jury taken
from the spectators in court or elsewhere.
District Attorney Birney would not so
agree, however, although he admitted that
there remained nothing for the court to
do but discharge the present jury.
Judge McComas, however. decided to
hold the present members Until tomorrow
morning at least. The rest of the regular
panel of twenty-six men. he explained, had
been discharged yesterday for the remain
der of the term, and. unfortunately, the
tw welfth man could not be obtained from
them.
He would he said, adjourn the case until
10 o'clock tomorrow morning, holding the
present jury. Meantime, he would send for
DR.. Swormsteadt for the purpose of ascer-
tanning If there were any possibility Of
Juror Richardson being able to resume
his duties in q few days.
That was satisfactory to both sides. and
at 80 the case was adjourned until to-
morrow morning.