Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-14
HE HOWGATE APPEAL
The Court Listens to Arguments on Both
Sides.
DecisiOn Reserved-ExceptiOn Taken
to Rulings by Judge McCOmas-
Grounds Taken by Attorneys.

In the Court Of Appeals today the appeal
of Capt Henry W. Howgate from his con-
viction in Criminal Court No. 1 last June
was heard, the court reserving its decis-
ion.
The defendant was convicted upon two
of the many indictments returned against
him. one of them charging forgery and the
other charging him with violating section
542l OF the Revised Statutes, by transmit
ting. while dishursing officer of the United
States signal corps, in October, 1879, to
the Treasury Department, certain alleged
false certificate appended to an account
current. Upon a verdict of guilty on both
indictments, Judge McComas sentenced the
defendant to four years Imprisonment in
the Albany penitentiary each, eight
years in all. Capt. Howgate noted an APP
peal and in July last, several days after
the trial. was released upon an order of
Mr.. Justice Morris of the Court of APP
pealS, en- bail in the sum of $4,000 to ap-
pear in court on the 10th of last month.
Upon his appearance then he was returned
to Jail, but again released on bail to await
the disposition of his appeal by the Court
of Appeals In this court today he was
represented by Messrs. Worthington and
Head and by Mr.. Jere NJ. Wilson, District
Attorney Birney appearing on behalf OF
the government.
The Judgment of the court below was
asked to be reversed because of the making
by Judge McComaS of no less than fifty
two alleged errors during the trial. The
most important legal question. perhaps,
raised is that respecting the statute of
limitations. The two indictments on which
Capt. Howgste was convicted were re-
turned last spring, fifteen years after the
commission of the alleged offense. The
statute of limitations provides that no in
dictment shall be returned against a per-
son three years subsequent to the commits
sion of the alleged offense, unless the said
person shall have been fugitive from JUS
tee. Capt. Howgate escaped from here in
April, 1882. and was net recaptured until
September OF last year, when he was ar
res ted in New York city, where. he claimed,
he had been openly living for several years.
During the trial the defense commended
that when the statute has begun to run
in favor of an accused person his flight
Gees not stop it, that such flight merely
sLspends the operations of the statute
while he continues to be fugitive; that if
the defendant was not a person fleeing
from justice at any time during the three
years Immediately preceding the finding of
the indictments. he was entitled TO an ac-
Quittal and that he could not be debarred
of the benefit of the statute as to the Of
Tense charged In the indictments on trial
by fleeing to escape prosecution for other
and different offenses.
Judge McComaS refused to instruct the
jury in accordance with such views of the
defendants counsel. and granted Il prayer
OF the Cover nment to the effect that if the
defendant while in custody escaped and fled
frcm the District he was forever debarrcd
of the benefits Of the statute, without re-
gard to his motive in fleeing. Counsel for
Capt. Howgate contended also that the al
legged forgery of the account was not to the
prejudice OF the United States, and that
the paper could not by itself be the suhjec,
of forgery. On behalf of the government
District Attorney Birney, of course, con-
tended that the defendant enjoyed fair
and impartial trial, and was justly and
legally convicted.