Evening star., 1895-02-11
THE CASE GOES ON.
HOwgate Trial Resumed After n Long
Delay.

Juror Fidler having been able to break a
road through the snowdrifts. and Mr.. A. s.
Worthington having recovered from his
illness, both appeared in court this morn
ing and Judge McComas directed the trial
cf Capt Henry w. Howgate to proceed.
For some reason or other the trial of the
ex-disbursing officer of the signal service
office has ceased to be a drawing card, and
very few persons attended 1t today.
As on the preceding days of the trial the
defendant was accompanied by his daugh-
ter, Miss Ida Howgate.
Mr. David II. Bates, formerly president
Of the American Union Telegraph Com
pany, a rival which was subsequently alb
sorbed by the Western Union. was recalled
for cross-examination, but not more than
three or four questions were asked him by
Mr.. Wilson when a controversy arose be-
tween the prosecution ard the defense as
to the right Of the defendant to inquire as
to the scope Of the company's business Mr..
Bates testified Thursday last that Capt
Howgate had sent him $4,000 In payment OF
60 per cent Of two subscriptions of 5000
each of the construction stock OF the com,
pany, the voucher importing that the $4,000
were in payment for telegraphic services.
The voucher had been signed by Mr. Bates
i'm blank and he had been instructed by
the defendant to place the stock in his
Howgate's) name. the defendant explain
ing that Gen. Myer did not wish to take
the stock in his name, but that the $1,000
were in payment of both subscriptions.
Mr.. Worthington explained that the OBJ
iect Of the question was to show that the
defendant and his superior officer, Gen.
Myer had sought to encourage rival
telegraph company by subscribing public
money. That was. of course, illegal. but
if the inquiry was permitted, argued Mr..
Worthington, 1T would show that the de-
fendant did not convert the money to his
own use, but simply endeavored to benefit
the government by encouraging the estab-
iishment of rival to the Western Union
Company Mr.. Worthington recalled the
Navy Department frauds of several years
ago. explaining that a reputable business
man then showed in his defense that he
had furnished the bureau of medicine and
surgery with furniture, although the
voucher in payment therefor alleged that
he had furnished medicines. AS the dealer
showed that he furnished the furniture to
the extent of the amount called for by the
voucher. the case was nolle pressed said
Mr.. WOrthington.
Ruled Out.
Mr.. Wilson also took part In the discus
sion, contending that as the defendant was
not being tried for the embezzlement of the
$4,000 the prosecution had simply called
Mr. Bates to show a guilty intent in an
alleged similar fraudulent transaction.
Therefore, said Mr.. Wilson, the defendant
should be allowed to interrogate the
witness as to show that his intent was not
tc convert the money to his own use.
Judge McComas, however, ruled that the
question asked was not a proper one, to
which the defense noted an exception, ex-
cusng the witness.
District Attorney Birney then called Geo.
E. King, a clerk in the signal service office
in 1879 and 1880. He testified as to the
manner of receiving. recording and paying
accounts rendered to the office, the object
of the prosecution being to show that none
Of the disputed accounts had been received
or recorded
The examination and cross-eXamination
of the Witness King consumed the entire
day. the defense developing the fact that
the check alleged to be forged and embez-
zled, Sl1 800, was duly made out by one Of
the clerks of the office.