Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-22
The HoWgate Jury is Apparently
Hopelessly Divided.
A SHORT RECESS TAKEN
Gossip of the Probabilities Around
the Court House.
II o L D I n G TIL E J . r Y

The intimation given in The Star yester-
day that the Howgate jury was hopelessly
divided was verified today when, at 11:20
this morning, in answer to the courts in
qury, Foreman Cissel sent word down,
from the jury room there was no prospect
of an agreement.
When at a few minutes before 3 o'clock
yesterday afternoon Judge McComas left
the court house, he informed the jury that
if they should reach verdict at any time
before 10 o'clock last evening he would
return to receive it. But the large crowd
which hung about the court house in an
ticipation of verdict during the afternoon
and evening was disappointed, however,
and at 1870 the jury retired for the night
Judge McComas reached the court house
shortly after IL o'clock this morning. No
WCrd had been received from the jury, and
Judge McComaS at once sent message
to them, inquiring If they had agreed,
Foreman CisSel sent down note in reply,
stating that, while there was no prospect OF
an agreement the jury desired to consult
the judge. Judge McComas then inquired
If they were a variance because of a mat
ter of law or over question Of fact. The
foreman replied that the jury were divided
over a question of fact only. Judge Nc
Comas then sent them word that, they
differed as to question of fact, he could
not help them in any way, and, therefore,
would not allow them to come down.
A Recess.
Calling District Attorney Birney and Mr..
A. S. Worthington to him for a short con-
sultation, Judge McComas announced that
a recess would be taken until 4 o'clock this
afternoon. when he would again return.
The court explained, however, that should
the jury reach verdict before then he
would, of course, return at once upon be-
ing SO notified. Before leaving the court
house Judge McComas stated to a Star re-
Nnrfa hnf he trit rbn
time in which to reach a verdict. He did
not, he said, believe in trying cases for
mere exercise. The trial had consumed
much time, IT had been conducted at not
a little expense to the government, and he
felt that verdict should be reached.
There should, said Judge McComas, be
no occasion, so far as he could prevent, for
any one to complain hereafter that the
jury was not given all the time required
to reach conclusion one way or the other,
and he significantly replied, when asked il
he would discharge the jury tomorrow IN
the event of continued disagreement. that
he would be not at all hasty In dlScharg-
ing them.
Court RumOrs.
From what the court said today 1t Is
generally believed that Judge McComas
will hold the jury together until Monday
at least, unless they should agree before
then. But the general impression about
the court house today is that no agree
ment will ever be reached. AS is usual on
such occasions, there are any number
of rumors as TO how the jury stands, and
the one most generally believed is that a
majority of the jury is in favor of YER
dict of not guilty. OF course, no direct
intmaton can be obtained from the room
in which the jury is locked, and the va
rious rumors floating about can be but
conjecture The consensus of opinion, how
ever, is that the jury is hopelessly divided
over a question of fact or facts.
Captain Howgate remained in the cage
below the court room last evening until
about 10 o'clock, when he was returned
to his cell in the District jail His daugh-
ter remained with him most of the time
and apparently never once did that conf
dence in a favorable issue which marked
their appearance during the long trial de-
sert either of them The defendant was
again brought up this morning, and his
confidence and hopefulnesS seemed to have
increased.