Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-08
CAPTAIN HoWGATE's BAIL
Matter Argued Today and $4,000 Bond
Required5,
Defendants Counsel Say Sum is Elk
CT
Returned aiIaII.

Judge McComas today DECIDED that Capt.
Henry W. Howgate must give $4,000 tail
or remain in Jail pending. the final DISPOSE
ton of the eight indictments still remain
ing against the defendant.
On behalf of the defendant Mr.. A. s..
Worthington made strong appeal to the
court for bail in merely nominal amount,
assuring the court that Capt. Howgate,
even If released on his personal ,ecog-
nizance. would not depart the city to
escape further prosecution. The defend
ant, remarked Mr.. Worthington, had no
fear of a conviction, believing that the
verdict rendered a few days ago would
surely be repeated in any and every future
trial The practice of the prosecution here,
said Mr.. Worthington, where a defendant
was charged in several indictments with a
similar offense was to put him on trial on
one of them and abide by the result. The
defendant had been acquitted after a full,
fair trial. and he thought, said Mr.. Worth
ington, that If the defendant was not re-
leased on nominal bail the prosecution
should be discontinued.
District Attorney Birney replied that
while it was proper for the court to con-
equally proper for the court to consider the
testimony given in the trial just
concluded as to other charged offenses,
of which. in his opinion, the evidence
I
guilty. In view of the remaining in
dictments, covering an alleged aggregate
amount of 100000 of embezzled govern
ment funds. in view of the defendants
flight, and his involuntary return, Mr.. Biz
ney thought that the amount of bail fixed
years ago. $4,000, should not be reduced.
Mr.. Worthington declared that sum to be
altogether unwarranted. and remarked that
the trial just concluded had been practical
ly upon all of the indictments, and the
jury, one perfectly satisfactory to both
sides, had declared Capt. Howgate to be
innocent The defendant was now sixty
years of age, and 1t would be great hard
ship and injustice to compel him to meet
the several indictments until all were dis
posed of, or until a jury was at length
found willing to agree with the govern
ment
In disposing of the motion, Judge Nc
Comas said that 1t was true that a jury
was a most important branch of the court,
and that judge will ordinarily give its
finding great weight. But, he explained.
he had heard all the testimony submitted
to and considered by the jury, and with a
full and clear recollection of the evidence
submitted in the trial as to other charges
giving to the jurys finding the least pos
sble weight. In view of the number of the
remaining indictments, of the amount in
volved, the escape and flight Of the de-
PENDANT, Judge McComas declared that he
had no hesitation in requiring the defend
ant to give bail in the sum of 10000
The courts announcement was evidently
great disappointment to the defendant
and to his daughter, vino Sat beside him,
as we'll as Mr.. WorthingtDn. The latter
remarked: I'VE will make no effort to give
that amount. your honorl, ID is simply i'm
possible. The defendant, must, therefore.
go back to jail. there ID remain until the
district attorney is pleasedsto try him.
Just when Capt. HowgatHl will again be
placed on trial, Mr.. Birney cannot now say,
but he intimated that it would be in COM
paratively short time. -.