Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-28
Jury Obtained and Taking Testi-
mony Commenced.
WITNESSES FOR TIE PROSECUTION
Defendant Appears Calm and Con-
fIdent of AcquittaI.
RELATING TO TELEGRAMS

aueged WrOnS-Qolng, capt. Henry w. How
gate was today called upon to answer two
of the ten indictments growing out of his
alleged offenses. One of these indictments
charges the ex-disbursng officer of the sig
| nal service Office with having in October,
| 1873. embezzled the sum of sl1 800 The
other indictment alleged that lat the same
| time Capt. Howgate forged the name of
| Treasurer Roswell H. Rochester of the
| Western Union Telegraph Company to an
| alleged bill for telegraphic tolls amounting
| to 500" The two Indictments are what
| are known DIS the new ones, having been
| returned since the apprehension of the de-
| fendant, last September. As they both
grew out of the same transaction, they
We're consolidated the motion of Dis
| trict Attorney Birney, and the trial d.
rected 20 proceed on both.
| The trial was called before Judge Nc
| Comas in Criminal Court No. l. and when
the court was opened shortly after 10
o'clock this morning, the court room was
greatly crowded. The defendant was at
tired in a. business suit of dark stuff,
| turn-down collar. beneath which a small,
| black tie was neatly tucked, giving him
| the appearance of modest, unassuming
| business man. His nearly white beard was
closely cropped, his hair, abundantly
| streaked with gray, being carefully brush
| ed. He looked to be in the best of health,
/ chair beside Messrs. A. S. Worthineton
and Jere NJ. Wilson, his counsel, his hands
ciasped together in an easy manner, the
defendants bearing was that of a man
| having the fullest confidence in a result
| wholly favorable to himself. After a short
time Miss Ida Howgate, the defendants
| daughter, entered, and. after tenderIy kiss
ing her father, seated herself beside him.
Getting "a Jury.
The government was represented by Dis
trict Attorney Birney and his special as
sistant, Mr.. w NJ. Levin, and shortly
| after 10 O'Clock Mr., BiIney announced his
readiness to proceed. The other side stat
ed that they werc ready and the in,panel-
ing of jury was commenced. The first
twelve men called into the box We're: VIM.
III. H. Cissel. Alex. d. Tucker, Joseph
SmotheIs, F. A Beuchler: John H. Eubank.
Simpson, VIM: H Cranston, Robt. F.
Wright, Joseph Richardson and VIM. B.
Turpin. Upon an examination as to their
qualifications Mr.. Turpin was excused by
the court, he having formed an opinion
John G. Ffdler filled the box, and the
twelve men being apparently qualified to
serve, the question of peremptory chal-
lengeS arose.
Question Of Challenges.
Referring to the fact that the defense had
the right to ten peremptory challenges
and the prosecution to three, Mr.. Wor-
defendant should have the last Challenge.
Mr.. Birney objected, stating the rule to he
that the defendant should first challenge.
Mr. Worthington denied that such was the
rule. and Mr.. Wilson remarked that the
common law rule was that the prosecution
should tender the defendant a complete
jury, when the defendant for the first time
might challenge
Judge McComas held that the defendant
should first challenge. Thereupon, after
noting an exception, the defense challenged
Mr.. Tappan. John Caspari was called, but
having an opinion was excused by the
court. T. Fisher LatiIner was accepted,
when the defense excused Mr.. Jennings.
John G. Burchfield was found competent TO
serve, but was challenged by the defen-
dant. Thomas kinsIow took his place. The
defense declined 10 further challenge. when
after long consultation with his associ-
ate, MIR. Birney expressed himself as salts
fed with the jury.
The Jury Sworn.
Counsel for the defendant consulted long
together and finally announced themselves
satisfied with the jury. Judge McCorlas
then directed the jury to be sworn. as foi-
lows: VIM. H. II. Cissel, Alex. ID. Tucker,
Joseph 7. Snlo:hers, F. A. Beuchler,Joh II.
Eubank, Norman Simpson, VIM. II. Grams
ten, Robt. F. Wright, Joseph Richardson,
sc hn G. Fdler, L. Fisher Latiiaer and
Thomas KinSlow. MIR. Smothers is the only
colored man on the jury, and Mr.. kinslow,
the twelfth juror, is the well-known base
ball player.
The jury having been sworn, all witnesses
on both sides but the defendants daush-
ter We're directed to retire from the court
room
Opening Address.
District Attorney Birney then addressed
the jury.
In opening the case to the jury on behalf
of the government, District Attorney Bir-
ney explained that he would expect to
prove that in 1876 the defendant was as
signed to duty in the signal service Office,
and subsequently became the disbursing
officer of the bureau. The bureau grew
rapidly in proportions, said Mr.. Birney. un-
til at length the weather bureau was or
ganized. Large amounts of money were
appropriated, which was disbursed by the
defendant. He performed those duties un-
til September 1885, when he was relieved.
Mr. Birroy detailed the manner of sending
in the monthly accounts of the western
Union Telegraph Company, the vouchers
for their payment being in printed form.
each being chargeabie to particular ap-
propriat ation.
stated MIR. Brney, for payment, and the
prosecution would endeavOr TO show that
the particular voucher referred to in the
Indictments was one for fictitious services,
that Mr. Rochester's signature had been
forged and that the defendant had COM
mitted the forgery and thereby fraudulent
Iy obtained the said amount of sli,SJ0.
Testimony Commenced.
Mr.. Brney referred to what he claimed
were similar unlawful transactions Of the
defendant, despite the objections Of the
defense and called as the first witness for
the prosecution Capt. Robert Craig, counsel
for the defendant reserving their opening
until. as Mr. Worthington sarcastically re-
marked I'VE understand the charges
against the defendant and are able to per-.
ceive just what he is called upon to de-
fend."
Before Capt. Craig was examined Mr..
J,irney introduced in evidence certified
copies of the army orders relating to Capt
Howgate's appointment for duty in the sig
nal Office and weather bureau and his let
ter of resignation from the army in De-
cember, 1880.
Capt. Craig testified that he was a cap
tain of the United States army, attached TO
the signal service, and that he succeeded
Capt. Howgate as property and disbursing
officer September /, 1850. His testimony
tended to define the duties of the Office
occupied by him and the defendant, and
upOn the conclusion of his eXamina tion-in-