Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-06
OWENSCASElN COURT
WILL DE TRIED IN ALEXANDRIA,
AT THE JANUARY TERM.
JURISDICTION QUESTION OVEURULED.
Part OF the Bopd Forfeited to Pay
the Cost Incurred by Prisoners
Failure to Appear October I'd
Uecker Case TO he Argued To-day.

The charge against Howard J.. owens
alias Captain Ward of impersonating
an officer OF the United States army and
obtaining money thereby came up In the
Federal Circuit Court yesterday Hon.
George d. Wise, of this city, ana Mr..
Campbell, OF Warrenton, appeared for
the accused. and the District Attorney
and his assistant represented the govern
ment owens was in court with his IA
ther. who manifested deep feeling on
more than one occasion during the pro-
ceedngs.
4 demurrer was made by counsel for
the prisoner TO the indictment on the
ground that the matter was outside the
jurisdiction OF the court. II was contend
ed that owens obtained money from Col
onel Hartz on purely personal grounds,
and that the statute under which the in
dictment was drawn only referred to per-
sons who assumed to be collectors for the
government. The demurrer was over
ruled.
The next question brought up was the
forfeiture Of the bond. District-Attorney
Allan asked that as much of it should be
forfeited as was necessary TO cover the
expenses OF bringing witnesses and jury
men here on October %, when the bail
bond was made returnable, and the pris-
oner failed TO appear.
Counsel for Owens explained all the cir
cumstances, and opposed the motion. but
they were overruled by Judge Waddiil.
who declared that as much OF the bond
would be forfeited as was necessary TO
cover the court expenses
Counsel for Owens then made a motion
10 POSTPONE the hearing Of the case until
tho next term Of court. Mr. Campbell
stated that owing to sickness I'm his own
family II was necessary for him 10 re-
turn at once TO Warrent0n. The fact that
Owens had been out Of the asylum TO
which no had been committed was I'M
known to counsel, and they, therefore.
had not had sufficient time TO prepare
for the case, and no witnesses had been
summoned on the prisoners behalf.
BE HEARD AT ALEXANDRIA.
Mr.. Wise made a pathetic appeal for
postponement on the ground that the
mother OF the accused was seriously III,
as a result of her agony of mind over the
fate Of her son.
Judge Waddl said this last argument
had appealed strongly TO him, but he
could not help feeling that the govern
ment was being triiied with. The expense
in the case was very heavy and he would
not undertake the responsibility of post
poning the case any further
After conference between counsel DIS
trct-Attoney Allan asked that the case
should be transferred to Alexandria, TO
be tried AT the next term OF this court,
which begins January %. He gave no
tice to Counsel for the defence that II
would then be the first case on the dock
ct. Judge Waddill consented TO this
course. and the case went over.
THE BECKER CASE TO-DAY.
I'm the United States District Court the
demurrer I'm the ease Of the United states
against MOritz Becker was set Tor arsu-
ment az II o'clock this morning.
\. ". Cardozo colOred, the railway
postal clerk who was charged with rob-
bing the mails. was found guilty on the
second count of the Indictment Sentence
was suspended until this morning, IN or
der to give counsel an opportunity 10
file a demurrer.
The first count charged Cardozo with
stealing g certain letter the second Will
stealing money from a letter.
one Of the questions raised by the de-
fence was that this court had no Juris
diction in the case. Counsel asked thai
the jury be instructed TO rllng in YER
dict of not guilty, and that the case bC
dismissed IL IL IS ascertdined that tn,
money 10 question was sf5ien at Danvile
that town being in the Western District