The Washington times., 1895-01-31
HOWgate's Counsel Damage the
Governments Case.
LOOSE TREASURY METHODS
No Record Was Kept of Checks Paid to
Bearer-Loss of Documents Described by
clerks-Mr. Worthington's Sally at Mr..
Birneys Expense-Numerous Exceptions
Reserved Juror Richardson Better.

Two questions are at issue, said Lawyer
Worthington, for Capt. Henry w. Howgate,
at the trial before Judge McComas yesterday.
First, who got the money on the check for
511, 800. made by Capt. Howgate on Septem-
ber G, 1879? Second, if the name of r. II.
Rochester was forged in the voucher for
which the check was made, who committed
the forgery2 The defense admits the gen.
uineness of the check. 1t will not be neees-
sary for the government to go into the de-
tails of the Treasury routine.
A weak point in the governments case was
touched in the testimony of f. W. Moffatt,
paying teller in the United States Treasurer's
office. He said a record was kept of the
persons to whom money was paid where the
payee was named in the check, but where
payment was made TO bearer there was no
record. The check for the money which
Capt. Howgate is alleged to have embezzled
is made to bearer. Mr. Moffatt said he could
not swear to whom he paid particular check
nearly sixteen years ago.
He remembered on one occasion he paid
large amount of money TO Capt. Howgate
after hours, but he could not remember
whether it was on this particular check.
TURNED IN To HIS PRIVATE ACCOUNT.
Mr. Birney attempted to support this evil
dence by testimony, showing that on only
three other occasions had Capt Howgate
drawn check on the Treasury payable to
bearer. These were upon February IA, May
20, and September 10, 1879 On one of these
occasions he was prepared to prove that the
payment had been made to Capt. Howgate in
( and va had 1apnsifad RI
/ private account in bank
| Counsel for the defense objected and was
| sustained by Judge McComas so far as that
! the government must bring out all the di-
rect evidence regarding the special charges
before introducing the collateral
/ The loss of documents from the fleroom of
the Treasury was developed by the introduce
tion OF Edward Webster, of the Treasury De-
| partment, who said the voucher was missing
and a most careful search continued through
several weeks had failed to discover it.
| John S. Hatch, also OF the Treas
ury, on the same subject, testified that
/ he had taken the voucher out with
against ". u. Moses as Howgate's bonds
man. He examined Photographic copy of
Western Union voucher which was laid be-
fore him by Mr.. Birney and said it was a
fac-simile of the lost voucher
IDENTIFIED THE PHOTOGRAPH.
Mr.. A B. DuyaIl. special counsel for the
government in the Moses case, also identi-
fed the photograph. Gen. Myers signature
to the voucher was identified by Mr. Hatch
rs genuine
Silas L. Lupton, an expert in relation to
Treasury files, testified that after much
search had been made he had been called III
by the Secretary of the Treasury and directed
once more to make q minute examination.
Capt. Caziarc made the search with him.
| The missing paper was not found.
''Did you search the district attorneys
Officer asked Mr.. Northington. AMI there
was a smile all round at his thrust at Mr..
Birney
No answered the witness. soberly. ST
thought the district attorney would attend to
that himself"
Il assure you didn't mean that seriously -
said Mr.. Worthington, and there was another
smile.
INTHE HEART OF NEW YORK.
James Fletcher, of No. sO3 Columbus street,
New York, testified that Capt. Howgate in
1889 rented rooms OF him at No 80 McDougall
street, in the heart of the business portion OF
New York. and was engaged in handling
| books. He saw Miss HoWgate there also.
The defense during the day reserved num-
erous exceptions to rulings preparatory to an
appeal. Mr.. Worthington apparently wishes
to push through the present trial, and it is
now said that a verdict may be reached
/ within week
! Joseph Richardson, the juror who was
sick, said yesterday he expected 70 be able
[ to sit through the trial. He was told to take
! the best care of himself.
/ Treasurer Roswell III. Rochester, of the
| Western Union Telegraph Company, was in
court yesterday. and will probably be the
! first witness on the stand to-day.