Evening star., 1895-06-10
AGAIN ON TRIAL
Henry W. Howgate Arraigned to
Answer Serious Charges.
APPARENTLY CONFIDENT OF ACQUITTAL
The Jury Selected and the Taking
of Testimony Begun.
PROCEEDINGS IN COURT

Capt. Henry W. Howgate today, for the
second tine. faced jury upon charges
growing out of his alleged criminal conduct
while disbursing officer of the United
States signal corps Or office during the
year 1879. Last February he was acquitted
upon a trial on two indictments, charging,
respectively, that he embezZled the sum of
S11.S00 while holding such position, he also
being, at the time, lieutenant in the
army, and with having forged the sigma
ture of the treasurer of the Western Union
Telegraph Company to voucher or re-
ce;pt for that sum. He was then tried be-
foie Judge McComas, in Criminal Court
No. 1. ard today he was placed on trial
before the same judge and in .the same
court.
The indictments on which Capt. HoWgate
wes tried last February We're found after
his apprehension last September. at which
time the government claimed he had been
a fugitive from justice since his escape IN
April, 1882. Hence, to obtain advantage OF
the statute of limitations. which statute
prohibited an indictment being returned
three years subsequent to the alleged Of
fense, unless the alleged offender be
fugitive from justice, the defendant In,
sisted, during his first trial, that he mad
rot been fugitive from justice.
He urged that, on the contrary, during
tie intervening years, he attempted no con-
cealment, and contended that had the au,
this rites really wanted Eiln' they ,,,,it, vouia
have arrested him at any time during
these years. That point, as well as tne
denial of the defendants guilt, were SUD-
mitted to the jury, and. after several DAYS
&C nsideration the jury returned a Verdict
in favor of the government on the statute
of limitation, but declaring that capt
Howgate was innocent of the charge Oh
embezzlement and forgery.
;,,Ii,
ed against Capt. Howgate, those on which
he was placed on trial today being among
them and his release On bail was asked;
Judge McComas fixed the amount OF Dan
at $4,000 The defendant was unable to
give that amount. but when Judge COX re-
duced the amount to slo,O' rev weeks
ago the latter amount was given, the ae-
fendant's daughter, Miss Ida HoWgate, De-
ing one of his sureues
His Devoted Daughter With Him.
When The defendant and his daughter ap-
peared in court today his familiar gray
beard was gone, a nearly white mustache
taking it's place. He not only appeared to
he in the best of health, but the same air
of confidence observable in him during the
first trial was noticed today. There was
but a small attendance in the court room
when District Attorney Birney and his spe-
cial assistant, Mr.. w. NJ. Levin, and The
defendants counsel. Messrs. A. s. Worth
ington and J. c. Heald. announced that
they were ready to proceed. Mr.. BirEey
explained that he proposed placing Capt.
Howgate on trial on two indictments, one
of which charged the defendant with forg-
ing and the other with falsifylng his ac-
counts in connection with voucher Tor
$1,000 made out in favor of the American
Union Telegraph Company. Upon his mo-
ton the two indictments were consolidated,
and then the work of securing jury was
proceeded with. About an hours time was
occupied in selecting the jury the follow
ing being sworn in as such: George t.
Newton. $. f. Strattan, Joseph II. Coving-
ton, John T. Powers, William p. Grove.
Thomas \. Chandler. Robert II. Hunter,
Charles w. Rabbit, Thomas BinniX, w. 7.
Fowler, y. B. Hoover and George Wick, all
white men. VIM. NJ. Joyce, Jas. +. Lynn.
Aloazo McCathran, Il. J. Liston, Howe
Totten and Arthur Laws and Richard ID.
Somerville. colored, were challenged by the
defense. the government challenging 7. w.
Richter, Geo. w. Harrison and c. W. Ken
nedy. w. D. Hilton was excused because
be had been a member of the grand jury
returning the indictments.
\ Question Objected To.
In testing the qualifications of the jurors,
District Attorney Birney inquired of them
if the lapse of time between the commit
ting of the alleged offenses and the time
the indictments were returned would pre-
vent them from finding verdict of guilty.
That inquiry Mr.. Worthington objected to,
claiming that it was as improper as it was
ever, insisted that the inquiry was anal
ogous to the one allowed in capital cases
where the juror is asked if his scrupies
against the death penalty will prevent him
from agreeing to verdict of guilty.
Judge McComas allowed the inquiry, after
modifying it slightly, and then, after the
jury had been sworn. Mr.. Birney explained
to them the nature of the charges and
what the government expected to show.
The Governments Allegations.
The government, he stated. would con-
tend that Capt Howgate, desiring to pur-
chase stock in the American Union Tele-
graph Company in 1879, made out a false
account for $4,000 and forged the same. He
~ ould also show that from 1882 to 1894 the
defendant was fugitive from justice.
On behalf of the defendant, after regret
ting the temporary absence of one of his
associates in the case, Mr.. Jere NJ. WilSon,
Mr.. Worthington explained that Capt. How
gate was wholly innocent of any wrong
doing, and merely purchased the stock for
the government, his purpose being 10 ben
eft the government by encouraging and as
sisting a rival of the Western Union Tel
egraph Company, which latter company at
that time enjoyed monopoly in its busi-
ness with the government. Capt. Howgate,
ne declared, had not been a fugitive from
justice, and he boldly asserted that never
urtu last September had the authorities
shown that they really wanted him.
The Evidence Begins.
The Introduction Of evidence on the part
of the government was then proceeded
with, the orders relative to the defendants
appointment in the army and dsbursing
officer and the various Treasury Depart
ment accounts with him being read to the
jury by Mr.. Birney
The CoIumbine OF for Alaska.
poRT TOWNSEND Wash June 10
The steamer Columbine, the finest vessel
of the United States light supply service,
in command of Captain Richardson, sailed