Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-01
FIGHTING EACH INCH.
HowEnte's Counsel Argued Over Tele-
graph Payments Yesterday.


graph Payments Yesterday.
In the Howgate trial yesterday afternoon,
after The Stars account closed, the dis
trict attorney recalled Auditor Van Every
of the Western Union Telegraph Com
pany. when Mr.. Worthington proceeded to
cross-examine him.
To the best of his knowledge and belief
the witness said, the company never re-
ceived the sum of 100000 directly from the
signal service office. Mr.. orion was presi-
dent of the company from 1868 to 1878, and
Norvin Greene from 1878 to 1875. Mr.. Or
ton and the late electrician of the COM
papy, Geo. b. Prescott, the witness said,
mad visited the signal service office, but he
said that he did not know of them recciv-
ing voucher for 100000.
Mr.. Worthingtcn asked the witness If he
knew that Gen. Myer and Capt. Howgate
on one hand, and President orion and Mr.
Prescott on the other, had met at the New
York office of the telegraph company for
and amounts due the company.
Mr.. Birney objected, on the ground that
1t was an immaterial matter.
An Argument.
Mr.. Wilson explained that the matter was
rot one of disputes in the matter of rates.
But the defendant expected to show, init
mated Mr.. Wilson, that during the contro-
verSy certain claims of the company were
withheld, creating an accommodating bal
ance which the company claimed was Iust-
ly due II. If the defendant could show that
the jury would have the right to assume
that the S11,SOO voucher in question was
in payment of such balance. To show
the disputes in question, MIR. Wilson
gued, was proper.
Judge McComas, however, held that the
matter was too remote, the defense noting
an exception.
Mr.. Van Every then recalled that there
was paid the company at one time single
voucher of 100000.
Then, Mr.. Van Every" remarked Mr..
Worthington, '1f your memory was so de-
fective a few moments ago as to prevent
your recollection of such large payment,
Is 1t not probable that SO small an amount
as Sl1,SOO would escape your
"Yes, SIR replied the witness. 1T is
probable"
Regular War.
The witness. having stated that the sig
nal service office had cut the claims of the
telegraph company several hundred dollars
a month, he replied, In answer to an in
quiry of Mr.. Worthington, that he could
not say that Mr.. orion or Treasurer Ro-
chester did not know of it. But he was, he
saiol confident that Mr.. Whitney, the
Washington agent of the company, did not
know of the cuts.
Then, for the purpose Of showing that
there was regular war between the COM
pany and the signal service office over
rates, and that the company threatened to
cease doing business with the office
Mr.. Worthington renewed his inquiries as
&c disputes between the company and the
office, and adjustments of the differences
during 1873, 1879 and 1880
Mr.. Birney withdrew his objection when
the witness said that he knew of no con-
troversy and believed that there was none
Checks for the company were sent. said
the witness. by the signal service office to
Mr.. Whitney, the Washington manager of
the company, who transmitted them to the
treasurer Of the company at New YORK
Letters to Mr.. Whitney from the signal
service office and from him to the com
pany during the fall CT 1879 had been de-
stroyed by a fire.
At the conclusion of Mr.. Van Eyery's
testimony, Treasurer Rochester of the com
pany was sworn. when adjournment
was taken until this morning.