Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-21
GIVEN TO THE JURY
End of the Testimony in the Howgate
Case
Judge McComas' Charge and the De-
fendanrs Objections-scenesi in
Court This Morning.

After listening for an hour and a half
In the presence of a crowded court room
to Judge McComas' elaborate charge. the
jury in the Howgate case retired at 12:io
this afternoon. The defendants daughter,
Miss Ida Howgate, as on the previous days
of the trial, sat beside her father. appar-
emily confident of a verdict, which would
remove two of the many charges of wrong
doing which for nearly sixteen years has
hung over her parent Her father, too,
seemed full of confidence. but in appear
ance and manner looked the man who
realized as never before during the long,
tedious trial, that new life or long years
of Imprisonment would soon be his.
In anticipation of a verdict, the largest
attendance of the trial gathered In the
court room. and Judge McComas' carefully
prepared and earnestly delivered instruc-
tions to the jury were attentively listened
to.
The Judges Charge.
1t was 1890 before Judge McComas be-
gan to read his charge, slowly and delib-
erately. Henry w. Howsate, he explain
ed was charged, on two indictments. with
the embezzlement Of the sum Of s11.eOO or
the 9th Of September. 1s79 and with hav-
ing. on the 18th of the following month.
forged the name Of r. II. Rochester.
treasurer of the Western Union Telegraph
Company. to a voucher drawn to cover the
alleged embezzled sum. Explaining what
Is meant in law by embezzleInent and for
gerry, the court told the jury that they
could find tnat the defendant was. at the
time of the alleged wrengdoing. the prop
erty and disburSing officer Of the sigr al
service office. and that on the 9Th of Sep
terber. 1879. he was credited with the sum
of 1850.
Then impressing upon the jury that
they and not he should decide the facts
Til alNo 1Ad 70 "a
great mass Of documentary evidence and
that Of the forty-thrce witnesses who took
the stand. He referred to what appeared
to be facts. viz: That the books Of the
Western Union Telegraph Company show
ed that all accounts rendered TO the signal
office by 1t had been regularly and fully
paid; that the accounts were carefully pre-
pared and recorded by the company, and
made payable by the defendant to Mr..
Rochester or to his order. Judge Nc
Comas then referred to that evidence which
tended to show that the defendants checks
in payment of the disputed accounts were
made payable to the company or to bearer.
w hite no Endorsement appeared on the
check for $11.SOO. remarked the court,
check for ST.. 100. given February 10, 1879.
was indorsed by the defendant. From that,
said the court, 1t was reasonable to infer
that he drew the check.
The Flight.
Referring to the escape of the defendant
in 1882, Judge McComas told the jury that
they could consider that fact. and the fact
that he was not apprehended until last
September. as tending to show guilt The
statute of limitations. explained the court.
prohibited an indictment three years sub
sequent to the commission of the alleged
otfense, unless the accused was fugitive
from Justice, in which event he could be
indicted three years or more subsequent 10
the offense.
The two indictments at issue. said the
court, had been found since the defendant
arrest, last fall, and it was for the jury to
decide whether or rot the defendant had
been a fugitive from justice. The defen-
dant, stated Judge McComaS, was presumed
to be innocent until found guilty, and the
Jury should consider his previous good char
acter, giving him the benefit Of every rea-
sonable doubt.
Given to the Jury.
During the delivery of the charge Messrs.
A. S. worthirgton and Jere NJ. Wilson.
counsel for the defendant, took copious
notes, and upon it's conclusion, and before
the jury retired. they noted general ex-
ception to the charge, and excepted specih-
cally to those portions of the charge men
toned IN their notes. A discussion OF nearly
an hour followed. the defense insisting that
they had the right to an exception TO the
" hole charge. The exception was allowed,
and then Judge McComas instructed the
jury briefly as to the form of their verdict,
the jury retiring at 12:4o.
After waiting for awhile and no word
having been received from the jury Judge
McComas left the court house, directing
a recess until 3 o'clock
No Agreement.
Judge McComas returned shortly before
o'clock, but was informed by the jury
that there was no hope of an early agree
ment being reached by them.
1t is stated that the jury Is hopelessly
diyided