New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-25

THE long DELAY WAS CAUSED III blSN"Hhh-
MENr OVER TIE STATUTE or LIMITATIONS
JUDGMENT cN THAT POINT ~ FAVOR
or THE GOVERNMENT OTHER IN
prrrMENTs PENDING.
Washington. Fob. 24.--Capiain Howgate was ac-
uuitted to-day OF the charges Of cinhczzlinS SlSN
from the Government while holding the position
OF disbursns officer Of the United Stale: signal
Service and Of forging Il voucher FOR that amount
to cover up his alleged nrcngio.ns. The verdict
was rendered about noon to-day when the jHfy
had been locked Up nearly sev"n'y-t~o hour Cap
tain Howgate received tae announcement Without
emotion but after r. rad been taken 20 h.s cell
beneath the courtroom. he danced for joy IN The
reaz .tion that part o. the burden and anxiety OF
fifteen years had been liiied from his shoulders.
la accordance with his statement made yester-
day when the court adjourned. judge McComas
entered the courtroom shortly after ii o'clock This
morning and received word Immediately mat the
jury had agreed some time was spent in secur-
ing the attendance OF the attorneys In the case.
Messrs. Worthngton and Wilson, OF the defence.
responded promptly and AT noon Mr.. Jeflords, As
sistant Disirict-Attorney made his appe~iance as
the representative OF the Government; Captain
Howsate was brought from his cell and took his
usual seat beside his faithful daughter. Miss Ida
Howgate. He had a pleasant smile on his race
and chatted and laughed with Miss iowgate. y
moment later the Jurymen nlcd In and the elderly
defendants smile changed TO expression OF
anxiety.
Judge McComas instructed the jury to bring In
verdcts upon three distinct points. The first OF
these was whether the Government was debarre1
from prosecuting HowGatc because Of the statute
OF limitations. An affirmative response on this
point would have the eject OF not only throwing
out the indictments charging forgery and en-
bezzlement. but OF dsposing in a like manner Of all
the other indictments against the defendant. and
thus setting him free. Clerk Down put the usual
questions as to whether the jury had agreed upon
a verdict. and when Foreman Cissell had responded
in the Affirmative he asked
What say you to the issue upon the plea OF
the statute OF limitations upon both cases upon
trial. DO you find FOR the United States or for
the defendant"
For the United states." the answer. and
Captain Howgate turned shade paler.
What say you as to the issue between the
United States and the defendant TO the charge
OF forgery contained In the nrst Indictment" con
tinued the clerk. do you md the defendant
guilty or not guilty.
Not guilty" the response. Two or three
OF the haf-dozen spectators In the room arose In
their excitement, and moved toward Howgate with
ouistretched hands. but the clerk had begun the
next question: and they restrained themselves.
What say you to the issue between the
United States and the defendant 10 the charge
OF embezzement contained In the second indict-
ment? DO you find the defendant guilty or not
guilty"
Not guilty" said the foreman.
Mr.. Worthington gave a convulsive grasp 10
Howgate's hand. The latter showed no signs OF
ash mnd the S" smile hs rSs
ones who had previously started 10 congratulate
loud commands Tor order by the baillhs Miss
iowgate sal unmoved
Then the Assistant District-Atiorney moved that
the jury be polled Each man responded for him
self as the foreman had announced for the twelve:
he supposed the defendant would DE remanded to
custody on account Of the remaining indictments
but announced somewhat sternly that the mem
beers Of this jury are nov dlschsrged.
Howgatc was then taken back 10 the prisoners
cage, and his daughter went out 10 get him some
luncheon While the jurymen were going to their
a boy on the hard concrete OF his cell. lie said
he very much pleased. OF course. and that he
thought the verdict could not have been otherwise
In vle~ Of the evidence.
District Attorney Birney said he was much an.
noycd at the verdict. II the Jury had found that
the statute OF limitations applied IN the case. he
would doubt he said ms right TO bring Howgatc
had decided that the statute did not apply. he
would, according to his present intention. give IN"
defendant another chance to show whether he was
The whole delay the part Of the jury in
a;cIy aiior The jury retired on Thursday a ballo,
taken on this question and resulted seven 20
Ave in favor Of the defendant-that Is. that the
tion. on this one point the jury differed until this
morning. They fought over 1t all day Thursday.
all Of Friday and Saturday. Several times the
jury sent word to the Judge that they could not
agree and wanted 10 he discharged. but he re-
fused. When the Jurymen retired to their cots
last night they sill hopelessy apart. but nj
70 O'Clock this morning another ballot was taken,
ard the surprise OF nearly every member II re-
suited unanimously In favor OF the Government
The majority had come over to the minority.
The other TWO questions decided IN a few
minutes. The first whether IIowgate
guilty OF forgery. and the twelve voted In the
negative. one ballot only was necessary TO deter
mine the charge OF cmbezzlement. and when each
jlryman had voted mot guilty" word was sent
10 judge McComas that an agreement had been
reached.
Howgate gained his victory principally through
the construction placed by the Jury on the evil
dcnce given by Roswell Y. Rochester Of New
York treasurer Of the Western Union Telegraph
Company. Mr.. Rochcster's testimony that he
ture the voucher for ts00 for services rendered
by the telegraph company was his own il it had
not been in connection with the Howgate case
considered by the jury. according to authoritative
information particularly significant In the de-
PENDANTS favor. The testimony OF Mr. Hatch one
OF the auditing clerks OF the Treasury Department,
that he had regarded Mr. Rochesers signature to
the alleged forged voucher genuine also had
much influence, and the evidence Of General a. W.
Greedy chief OF the Signal Corps and l.. W. Col
by. cx-Assistant Attorney General Of the United
States that they had talked with Howgate within
recent years and that he had asked them to
conceal his hiding-place were likewise helpful to
Captain HowCate.
against Captain Howgate still remain on the