Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-02
CAPT. HOWGATE SENTENCED
He is Given Term of Eight Years in the
Penitentiary.
He VIII Remain in Jail Pending the
Action on the Appeal Made
by His Counsel.

Judge McComas today sentenced Capt.
Henry w. Howgate, convicted on the 21st
OF last month on two indictments charg-
irg. respectively, forgery and Justification
Of accounts. to eight years In the Albany
penitentiary with hard labor. The imposi-
tion of the sentence was wholly without
Incident the defendant stating that he
had nothing to say why sentence should
not be pronounced, and tho court refrain
ing from making any other comment than
to say that the verdict of the jury was a
just one. Notice of an appeal to the Court
of Appeals was noted by counsel for the
defendant. and stay Of sentence was
granted until after the disposition Of the
appeal by the appellate court.
Previous to the calling of Capt. Howgate
up for sentence this morning District At
tcrney Birney and Messrs. A. s. Worthing-
ten and Jcre M. Wilson, counsel for the
defendant. met in Judge McComas private
office, where the bill of exceptions in the
case, most voluminouS document, was
presented for the courts signature. That
done, the party repaired to Criminal Court
No. l, when, after the court was formally
opened, Capt. Hcwgate was brought up
from the cage below. He was dressed in
a dark business suit, was cleanly shaved,
save for heavy gray muStache, and ap-
peared to be not only in the best of health,
but also in the best of spirits. His daugh-
ter, Miss Ida Howgate, at once Joined her
father, and, sitting beside him, smlingly
spoke words OF encouragement to him.
Sentence Pronounced.
Owing to the general belief that sentence
would not be imposed until later in the
day, very few peorsns were in the court
room when Mr.. Worthington arose and
stated to Judge McComas that, as the mo-
tion in arrest Of judgment was based on
grounds which had already been adversely
ruled upon by the court, they did not care
to further argue the matter. Judge Nc
Comas then formally overruled the motion
in arrest, when District Attorney Birney
moved that sentence be imposed
Henry w. Howgate." said Judge Nc
Comas, as the defendant arose and calmly
why the sentence of the law should not be
pronounced against you?"
Nothing, your honor" replied the defen-
dant, as he Strengthened himself to his full
height.
1.-The two indictments on which you were
tried" continued Judge McComas, were
consolidated and tried together. The jury
In convicting you on each Indictment rem
dered just verdict. But they recon-
mended you to the mercy of the court, and
their recommendation 1 have taken into
consideration. Upon the Indictment charg
irg forgery the sentence Of the court is
that you be confined in the Albany peni-
tentiary. with labor, for the period of four
years, to take effect from today. Upon the
indictment charging the submission of a
false account the sentence of the court Is
that you be confined in the Albany peni-
tentiary, with labor. for the period of four
years. this latter sentence to take effect
upon the expiration Of the first sentence"
Without FIinching.
Capt. Howgate beard the sentence with
out the least emotion, as did his daughter,
and then Mr.. Worthington noted an appeal
to the Court of Appeals. and. upon the sug-
gestion of Mr.. Wilson, Judge McComas
directed that the execution of the sentence
be stayed until after the final disposition
of the appeal by the Court of Appeals.
That is. that the removal of the defendant
to the penitentiary be delayed until then.
Judge McComas fixed the appeal bond at
500, and accepted Miss Howgate as surety
on that bond. Capt. Howgate. accompanied
by his daughter, was then taken to the
cage below, and was subsequently return
ed to Jail. where he must remain until his
appeal shall have been disposed of by the
Court of Appeals, some time next fall
Capt Howgate declined to say anything
respecting his case, but it was plainly evi-
dent that he felt very confident of a favor
able decision by the appellate court. The
sentence imposed today means but six
years. actual imprisonment,a las the law gives
reduction Of two years for good behavior.