Daily globe., 1883-07-19

WASHINGTON, July 18.-In the criminal
court Judge Wylie delivered an opinion
upon the pleas obtained by the defense
and the demurrer entered by the govern
ment on the case of the United States
against VIM. Pitt Kellogg, charged with
illegally receiving money while United
States senator for action in connection
with the expedition of certain star routes.
The law requir ed the plea of abatement to
be drawn with great exactness, said Judge
Wylie, as he took up the first plea based
upon the failure of the Indictment to
agree with the presentment. He dismissed
this plea because it was not material. The
next pleas charging him with illegal
attendance upon the sitting of the grand
jury, Judge Wylie said, was not based upon
fact. He was authorized to represent the
attorney for the United States and this
district. The pleas attacking the grand
Jury are illegal because the members had
not been notified five days in advance.
That their names had been drawn and be-
cause the notice did not specify the prop
er hour were dismissed because they did
not agree with the facts and were not ma
terial. The next plea, an important one,
said the court, charged illegality in the
proceeding because vacancies in the jury
caused by certain persons being excused
had been filed by drafts from
the box instead of by summoning tales
men. Instead of picking up talesmen the
marshal had taken names from the box,
names supposed to represent persons le-
gally eligible. Was that fatal to the whole
panel? asked Judge Wylie, and in answer
he read a number of authorities to the
contrary The fact that the names had
been obtained from the box was no objec-
tiOn, providing the persons possessed the
legal qualification, said the court as it dis
missed the plea. Upon the question of
they applicability of the act of June 80,
1879, the court had passed in the case Of
the United States against the Dor
seys, holding that the act was not
in force in this district, but even if
the pleas were in accordance with the
fact, said Judge Wiley, in summing
up, the indictment was good because all
the pleas alleged violations of the district
statutes, whereas the United States statutes
also governed. That alone was fatal
lack of exactness in the pleas. Therefore
the pleas we're overrUled, said the court in
conclusion. Wilson, for ex-senator Kel-
iogg, noted an exception and filed a mo-
ton to quash the indictment, based upon
Ker's presence in the grand jury room,
and upon imperfections and deficiencies
in the Indictment. 1t was agreed to pro-
ceed tomorrow with the arguments upon
the motion to quash, and the case was con
tinued.
THE HILL INQUIRY.
At the opening of the Hill investigation
Thomas announced that his engagements
compelled him to retire temporarily from
the case. Coleman offered in evidence, q
voucher for moneys paid Geo. L. Damon
on account of safes and repairs thereto
since 1876, for public buildings in New
York, Philadelphia, Boston, and other
cities, for a majority of which safes no
contracts were made. Coleman asked for
correspondence between Hill and Damon
iu reference to the safes and vaults in 1876.
Steinmetz was recalled to testify in regard
to the heating apparatus of the custom
house at Chicago, which he pronounced in
ferior in quality and workmanship. Most
all the ventilators were boarded up in the
large mail room, and the atmosphere was
bad in consequence. Coleman announced
that the prosecution had closed the Damon
case with the exception of introducing the
correspondence between Hill and Damon.
Jacobs, of the architects Office, testified
that the safe men had said to him they
would like to furnish safes, but could not
compete with Damon in his prices. On
CROSS examination the witness said there
had been but one advertisement for safes
since 1879. He was satisfied that Potter
did not resign because he did not care to
continue Mullett's practice, that had since
been followed by Hill. Witness knowl-
edge of the cost of safes supplied was de-
rived from vouchers and orders passing
through his hands. Witness was asked if
the Office had not refrained from adver-
tising for safes, so as to aid Damon in his
business, and he said he could not answer
that question.
Hill then took the stand and said that
Oamon's figures were so low that the other
safe makers told him they could not COM
pete. The Indifference manifested by the
safe makers was the reason why the adver-
tisements were not more frequent. The
advertisements were made only to protect
the department and get fair rate. Da-
mon had not been given the slightest
advantage over the other dealers in safes.
Safes were usually required in haste, so
that time could not be allowed for adver-
tisement. Three or four kinds of safes
hOAO ud1 W OdL1OuS sales, WHICH were
g gnnerally satisfactory. DISCRIMINATION
was deferred until tomorrow and the COM
mittee adjourned.
DESIGNATED BY THE PRESIDENT.
The president has designated z. B.
Vance, son of Senator Vance, of North
Carolina, Charles D. Clay, of Kentucky
grandson of Henry Clay, and J. Harry
Duva. of Pennsylvania, to appear before
the board at Fortress Monroe on the 1st
of October, for examination for second
ieutenants in the army. This, with
twelve designations from civil life, for
merly made, will, if the examination is
successfully passed, fill all the vacancies
existing inthe army up to July 1. In case
these young men fail to pass examination
other designations will be made by the
president.
APPOINTMENTS.
The president has appointed NJ. R.
Barr, of Erie, Pa, Indian inspector, vice
George M. Chapman, resigned, and W. S.
Hurlbur, receiver of public moneys
Cheyenne, vice Wm. McGarvey, resigned
REsIGNATIoN WITHDRAWN.
The resignation of A. M. Swope, as col
1f bo ;eE-