The Washington times., 1895-01-01
His Counsel Plead The Statute Of
Limitation Against Them.
NOT FOUND IN THREE YEARS
Strong Hopes That He Will Regain
His Liberty on This Ground.
Prosecution Holds That the Law Does Not
Apply to Fugitiyes from Justice-De-
murrer to Be Argued To-morrow-De-
Tense Fighting for Time and a Change of
Judges Curious Facts to Be Presented.

The defense OF CAPT. Try w. Howgate
against the charge that he stole from the
government large sums of money while dis
bursting officer of the Signal Service Bureau
fifteen years ago yesterday reached n point
where a strong fight will be made against
the three new Indictments. Neither side
cared to argue the demurrers filed Saturday.
and Judge McComas promptly overrued
iham Counsel for the defense noted an eX-
cepiion, rs they are doing ut every oppor-
tunIty with the purpose to carry the cases TO
the Court of Appeals and finally to the Su-
preme Court OF the United States.
Capt Howgate was thaD called upon again
to plead and he answered by a typewritten
plea OF not guilty "a alleged aud further that
the indictments were not found within the
three years next after the alleged otfense. 1t
is on this latter plea possibly that he will re-
gain his liberty.
Mr. Blrney replied by saying Capt How
gate was Il fugitive from Justice within
indictments until September 81. 1894 The
defence demurrad and Judge McComas over
ruled the demurrer They then reioined that
Capt. Howgate for eighteen months prior to
his alleged flight Oh April -, 1892. was here,
and was not only indicted for his a legged
OlsCiStSs ut uHpGtIeAl anu pltuutu. 10 Ills
re5olnder Mr.. Birney filed n demurrer, and
this will come up for argument at / O'clock
tomorrow
The statute in regard TO Limitation OF in
dictment provides that no Indictment snail
be found except within three years after the
alleged offense was committed. but provides
that 1t shall have no application to
PERSONS FLEEING FROM JUSTICE.
The defense claim that the statute was in
force as to their client at the time he was here
for eighteen months under arrest and indict-
ment, and that his disappearance did not in
terrupt the lapse of time under the statute.
They point ont that there was nothing what
ever about his absence to prevent the govern
ment from securing the very indictments they
are now seeking to try him under. His
presence or absence made no difference
whatever. II Is asserted. indeed. that gov
ernment officials We're fully informed as TO
his Whereabouts, and that there was no dis
position. in some quarters at least, to arrest
MIN.
Ii the case reaches the Jury the defense will
attempt to show that the stories OF Gait.
Howsate's wealth and his extravagant living
are gross eXaggerations. His magnificent
pleasure resort at TippitiWi,chity Island i'll
81. Mary's River. near the mouth OF the Po-
tomac, Will be- made to dwirlie 10 IA lew acres
GOV red with pines. 1t rises eight to ten feet
out Of the water and has a shelter for fishing
and boating parties The island, with its i'm
p-ovemeBts, is said not to be worth 81 000
His reaI estate. an attempt will be made 10
show. consisted OF small equities in numerous
valuable properties. Two or three prominent
real estate firms will be called upon to testify
upon this point.
Capt. Howgate's manner of living will be
laid open AMI the source from which he OBJ
tained such money a be spsnt or was found
to have Will be set before the ]Grv Ii will
be claimed. furthermore, :hat whatever
money was missing went to other hands. Ii
is even suggested that it vas
USED FOR POLITICAL PURPOSES.
The loss OF the papers from the Treasury
Department will be cited as proof that some
body else is interested in having the facts in
the case kept from the public.
There has been soma comment upon the
fact that the defense appears to be making
dilatory motions in spite OF the fact that their
client is now suffering imprisonment. The
reason for this Is said to be two fold. viz: To
secure every advantage for an appeal and 10
prevent hearing before Judge McComas
II is expected when the new assignment of
justices of the District supreme court is made
that Judge McComas will go to one of the
circuit courts In that case the trial of
Capt. Howgaje would necessarily be held be-
fore some other Judge. 1t is asserted that
the Judges feel that as the proceedings have
begun tefore Judge McCOmas they should be
continued there and no assignment will be
made till the trial is concluded.
Capt. Howgate while NOT n man of wealth
is said to have money to fight the government
through all the courts. He has one faithful
friend in his daughter. who visits him almost
daily and cares for him in every way she can.