The morning times., 1895-11-15

The District court Of appeals yesterday, IN
an opinion delivered by Justice Morris,
sustained the verdict OF the criminal court
in the case OF Capt. II. W Howgate, the
former disbursing officer of the Signal Ser
vice.
The criminal court fixed his term of i'm
prisonment at eight years. Capt. How
gate Is now i'll the custody of the marshal
of the District.
He can carry the case no further, unless
his attorneys should discover some con
stitutional question not snow apparent.
upon which they can ash; the decision Of
the Supreme Court of the United States.
As soon as delivered it was read by Mr..
WoTthingtun, the DEFENDANTS counsel, Ia
Miss Ida Ikwgatc, daughter al Capt How
gate, and one OF his three suTctes.
Capt. Huwgatc,s presence here is due en-
tircly To his voluntary action, his counsel
having wired him yesterday OF the posi-
bility that ne would he wanted. He is un-
derstood 10 have expressed no surprise ut
the character OF the decision, exhibiting
that same degree Of stoiCisn that has char
actcrizrd him since the proceedings against
him terminated in his conviction on two
counts of the Indictment last June. One
count was that charging him with forgery,
the other with williul Justification of his
accounts as disbursing officer of the sig
nal Service in 1913.
WHEN HE WAS SENTENCED.
Upon these two convictions he was scn-
fenced by Justice McComas, before whom
he was tried, To undergo Imprisonment of
eight years. four years on each charge. and
petition for new trial was overruled, and
the ease, ON motion, was taken 10 the
Court of Appeals, with the result stated.
Can't. Huwgatc was released ON 1900
bal pending decision by the Court of APP
meals and went ia New York. where he has
since made his headquarters. The cundt-
lions of the bond required him to deliver
himself here when his presence might be
demanded. and in obedience 10 the require
mcut TIC came ON, arriving last night.
District Attorney Birncy believes that this
decision VIII end the present case. He SAID
yesterday that, while he is not auviseu
of the Intentions of the defendants attor-
news. his conviction is that there will Ice
no further effort made To contest the
issue.
THE COURTS OPINION.
The opinion of the court is quite lengthy,
covering fcrty-ninc closely written pages
of manuscript, letter size.
Counsel for Capt. Howgatc have asked
DELAY OF one weCE. which was Yielded by
District Attorney Birncy. The reason for
this Is for the purpose Of conference, but
as there are three decisions of the United
States Supreme Court IN similar cases I'D
verse TO defendant 1t H. not believed any
steps for appeal Will bc taken.
What action Capt. HowCate's attor-
neys will take said Lawyer Head, Mr..
Worthing tons partner, Il cannot say,
not having seen Mr.. WOrthington since the
decision. I hardly think he would know
his intentions this early after the decision
of the court of appeals has been made.
However, | am positive that neither Judge
Wilson nor Mr.. WOrthington will leave any
stone unturncd in favor of Capt. Howgatc."
Several prominent attorneys in speaking
of the case today said that the trial had
now finished the highest court, and i'll this
case there is no appealing from it. and CON
sequeutly Capt. Howgate is destined TO re-
main i'll jail.
Col. Worthington was seen later and said
the last act had been performed, so far as
the courts are concerned, and nothing can
intervene but executive clcmency to pre-
cent Howgate serving his time in the
Albany pemtentiary.
The prisoner was removed to the District
iaiI, where lie will remain a lew days To
permit him TO close up his business affairs
prior To his removal To Albany TO begin
serving his sentence.
He was accompanied Ia the jail by a
young woman who had just been convicted
of biGamy.