Evening star., 1895-06-13
HOWGATE TRIAL LIVELY
Some Little Friction Between Lawyers in
Court.
Mr.. WOrthingtOn Makes Few Re-
marks-COntinuing the Testi-
mOny for the Defense.

The tediousness of the trial of Capt.
Henry w. Hewgate was not little relieved
this morning by tilt between Mr.. A. 5.
Worthington, of counsel for the defendant,
and District Attorney Brney. During the
Introduction of evidence on the part of the
defense, Mr.. Arthur e. Bateman was call
ed to the witness stand. He stated that he
was engaged in the brokerage business
in New York city; that he was acquainted
with Capt. Howgate and Gen. A. d. Hazen,
chief signal officer in 1887. He met the de-
fendant i'll that year, when Capt. Howgate
called at the office of witness in New York
city
Mr.. Worthington then stated that he de-
sired to prove by Mr. Bateman that the
witness shortly afterward met Gen. Hazen
and told him of his meeting with the de-
fendant, and that he was in New York,
when Gen. HaZen replied that he wished
TO know nothing about the defendant. Dis
trict Attorney Birncy objected to the in
quiry, and intimated that Mr. Worthing
ton was endeavorins, by explaining what
he expected to prove by the witness, to get
before tie jury something which the court
had already decided was improper to be
considered by the jury.
The words of Mr.. Birney anSered Mr..
Worthington not little, and he remarked
that the district attorney bad twice today
intimated that he had been guilty of i'm
proper conduct in the case. He had, said
Mr.. Worthington, done nothirg but what
he had perfect right to do, and had said
nothing he should not have said. In his
conduct of the case he lad only endeavor-
ed to defend his client, and in doing so he
acted irrespective of what the district at
tcrney or any one else thought MIR. Bir-
rey's intimations, declared Mr.. Worthing-
ton, We're uncalled for and highly improper.
and if persisted in, he CWorthington) would
answer Mr.. Birney's reflections in the way
they deserved to be.
District Attorney Birre ey made no reply
to Mr.. Worthingtons remarks. and Judge
McComas. in sustaining Mr.. Birney's OBJ
lection to the inquiry, rcured oil on the
troubled waters by remarking that he was
sure Mr.. Worthington had acted only in
perfect good faith, and in that way the in
cident closed. Mr. Bateman was, therefore,
excused from further testifying.
Yesterdays Testimony.
When The Stars report of yesterdays
proceedings closed the particular question,
as raised by the defense by the introduc-
ton a witness of the Rev. Jos. c.
Thomas, the librarian of the Methodist
Book Concern of New York. was whether
the defendant had eluded arrest The de-
fense offered to show by the witness that
he had known the defendant since 1882
ana that Captain Howgate had frequently
and openly visited the library, the purpose
of the defense being to show that the de-
fendant was not fugitive from justice,
and that the government, had it so
desired, could easily have apprehended
him during the time between his es-
cape in 1882 and his arrest, last Septem-
ber. Mr.. Birney's objection to the intro
dGction of the testimony was sustained by
Judge McComas, the defense noting an
exception, of course. after elaborate argu-
mentS by MeSSrS. y. s. Worthington and
Jere NJ. Wilson, counsel for the defendant,
and by Mr.. Brney This line of testimony
was, however. admitted at the trial of
Captain Howgate last February, when he
was acquitted.
Testimony Today.
On the theory that the exclusion of testi-
mony offered by the defense to show the
presence and conduct of the defendant in
New York precluded the consideration by
the jury of similar testimony given by
the witnesses, Mr. Worthington moved to
strike out such testimony.
In a few instances the motion was
granted but the main portion of such testi-
mony introduced by the government was
retained the defense noting many eNcep-
tionS
The defense on Mr.. Birney's objections,
We're not allowed to show by other wit
neSses that the late Gen. Myer held himself
responsible for all ACCOUNTS approved by
him. Neither was me defense allowed to
show that Capt Howsate openly engaged
in the book business in New York, or that
he passed through this city, and had stop
ped over here more than once between the
lSSD and 1891