The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-25
HoWeRTE FOUND NOT GUILTY.
THE JURY RENDERS ITS VERDICT
AFTER BEING OUT - HOURS.

They Find That Prosecution Is Not
barred by the statute of Limita-
sions-Tbe Charges on which He Is
Acquitted Were Forgery and En-
be1zIement-A Number OF Addi-
tionaI Indictments Charging For
gerry Remain TO BE Disposed OF
Washington, FEB. 24.-Capt Henry W.
lIowgato was acquitted to-day Of the
charges of embezzling S11, 800 from the gov
ernment while holding the position of
disbursing officer of the United states
signal service. and of forging voucher
tor that amount to even up his alleged
.vrong-doing. The verdict was rendered
about noon, when the jury had been locked
up nearly seventy-two hours. Capt How
gate received the announcement with
ont emotion, but after he had been
taken 70 his cell beneath the court room
he danced for JOY in the realization
that part Of the burden and anxiety OF
fifteen years had been lifted from his
shoulders.
In accordance with his statement when
the court adjourned yesterday, Judge Nc
Comas entered the court room shortly
after II O'Clock this morning and re-
ceived word Immediately that the jury
had agreed. Some time was spent in Sc
curing the attendance of the attorneys
iu the case. Messrs. Worthington and
Wilson of the defenJe responded prompt
iy and at noon ,dr. Jenrods, assistant
district attorney, made his appearance as
the Representative of the government.
Capt. HOwsaHe was brought from his
cell and took his usual seat beside his
faithful dau5dlter, Miss Ida Howgate, who
was on haiA6 promptly as usual. He had
a pleasing smile on his face and chatted
AID laus bed with Miss Howgate. A mo-
lnenl i3aT5r the jUrymen filed in and the
elderly defendants smile changed to an
EXPIRE ssion of anxiety.
JuJge McComas had instructed the jury
10 h(ng vtrdicts upon three distinct points.
Ee FIRST of these was whether the govern
'Aent was disbarrcd from prosecuting
AioWgate because Of the statute Of limi-
tation. An Affirmative reference on this
point would have the effect of not only
throwing out the indictments charging
forgery ana embezzlement, but of dispos-
ing in like manner of all the other in
dictments against the defendant ana thus
settipS him free.
Clerk Downs put the usual questions as
70 whether the jury had agreed upon d
verdict, and when Foreman Cissell had
aesponded in the affirmative, he asked:
w hat say you to the issue upon the
plea of the statute of limitation upon both
cases upon trial? DO you find for the Uni
ted states or for the defendant?
For the United States" was the an
S"er' and Capt. Howgate turned shade
paler
What say you as to the issue between
me United states and the defendant as to
me charge of forgery, contained in the
nrS- indictment?'' continued the clerk
70 YOU find the defendant guilty or not
grity2"
Not guilty" was the response.
Two or three OF the half dozen specta-
iors in the room arose in their excitement
and moved toward capt Howgate with
ouistretched hands, but the clerk had be-
gun the next question and they restrained
themselves.
What say you as to the issue between
the nited States and the defendant
as &c the charge of embezzlement contain
ed IN the second indictment. Do you find
the defendant guilty or not guilty.
Not guilty" said the foreman.
Lawyer WorthingtOn gave convulsive
grasp to Capt Howgate's hand. The lat
ter showed no signs Of excitement but
the pallor gave way to a deep flush and
the smile returned. The enthusiastic
ones who had previously started to CON
sratulate him clapped their hands and
weye reproved by loud commands for
onler, by the bailiff. Miss Howgate sat
Wlmoved.
The assistant district attorney moved
that the jury be polled. Each man re
sponded for himself as the foreman had
announced for the twelve and Mr.. Worth
inston arose with the remark that he sup
posed the defendant would be remanded
70 custody on account the remaining
Indictments.
Judge NIcComas made no answer to the
question but announced somewhat sternly
that, The members of this jury are now
discharged.
Capt. Howgate was then taken back to
ths prisoners cage and his daughter went
cut to get him sumo lunch.
The whole delay on the part OF the
jury in reaching an agreement was caused
by the plea concerning the statute OF
limitations. Immediately after the jury
retired on Thursday ballot was taken
On this question and resulted seven to
hve in favCr Of the defendanJ-that is,
hat the statute did apply as bar to
capt. Howgate's prosecution. On this
one point the jury differed until this
morning They fought over it all day
Thursday and all OF Friday and Saturday.
Several times the jury sent word 10 the
Judge that they could not agree and want
ed to be discharged, but he refused. When
the jurymen retired to their cots last
night they were still hopelessly apart, but
at 10 O'Clock this morning another ballot
- te4A1t4, anu 70 l4le SUI PRISE VI every
member 1t resulted unanimously in favor
Of the government The majority had
come over to the minority.
The other questions were decided in
few minutes. The first was whether Capt
Howgate was guilty Of forgery and the
twelve men voted in the negative. One
ballot only was necessary to determine
the charge of embezzlement, and when
each Juryman had voted mot guilty"
word was sent to Judge McComas that the.
agreement had been reached.
A number of indictments charging forg-
cry against Capt. Howgate still remain on
the docket.