Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-12-10
EX-SENATOR kELLoGts.s CASE.
GOVERNMENT COUNSEL MOVE To POSTPONE THE
TRIAL WHICH Is OPPOSED pY COUNSEL FOR Defense
THE COURT TO DECIDE o-NoRRow-ArToRNEY
GENERAL BREWSTER IN COURT.

Ing received. While senator OF the United states
$4,000 in post Office drafts and promissoTy notes
from James B. Price, star route mail contractor
for inducing second Assistant Postmaster General
ThoS- j. Brady TO make an order allowing increase
or pay on Prices routes from Monroe 10 Shreveport
La. and san Antonio TO Corpus Christi. Texas
was appointed for trial In Judge Wylie's court to-
day. Mr. Kellogg was present with his counsel
MeSSrS. VIM. 4. Cock and Nathaniel Wilson. Al
the desk OF the government counsel sat Attorney
General Brewster. MeSsrs. r. T. Merrfck. W W. ker
and the district attorney. Mr.. Thos. j. Brady who
is the defendant under another Indictment growing
out OF the same alleged transaction and his attor-
ney. Mr. Jere Wson.were present Mr.. 4 g. In
geTS0u ana other persons who have been promi-
nently identified with the star route trials We're
present.
JOHN A WALSH CALLED As 4 WITNESS But DOES NOT
KESPoND.
When the jury had been called District Attorney
COrkhul called attention TO the fact that this WAS
the day fixed for the trial OF the case against Vim
Pitt Kellogg
''IS the government readyen asked Jude WylIn
"Call John A. Walsh said Mr.. Merrick in re-
sponSe.
The name OF John A. Walsh was thereupon called
out through the corridors of the court house bu;
there was 10 response.
1.-The government is ready said Mr.. Merrick oin
the case OF Kellogg except in the particular OF the
noI-attendance. apparently. or John 4. Walsh.
who Is material witeSs in the case. and. he being
absent, We are compelled TO ask that the case 90
over-not be continued but 60 Overland when his
attendance Is obtained We will come into co,Ir and
give notice OF the fact
HAS he gone TO Canada. or England or any
where else"" asked Judge Wylie.
81 do not know, sir, where he is gOne,- said Mr.
Mefrlck. "but we are unable 10 find him or bring
him here AT present"
You have had no service On him.r said Iudrn
wylle. ~ wv 0-' -'''''' ''"' '"'s'
I'VE have had no service on him." said Mr. Mer-
1ck, and propose 10 StnLht to the court afrii.-
Wits showing the efforts made to get service and -
nafI5. Wits
Mr.. GEORGE BLISS sFFIDAyIT-THE UNSUCCESSFUL
SEARCH FOR WALSH IN NEW YORK.
Mr.. Merrlck read first the affidavit OF Mr. George
Bliss. setting forth that he had learned about No
vember lith 1888, that Mr.. Walsh had notified Mt
Merrick that he would not confer with the govern
ment counsel, and had written TO the President
naming the conditions Oh which he would confer:
that ne had thereupon procured a subpoena. which
had been placed In the hands OF T.. A. NewcOmh n
government officer In New York. who had en-
ployed persons TO help him. and that they reported
that they were unable 10 ind him. The deponent
further declared that the attendance OF Walsh was
necessary 10 the trial: that the government expect
cd with the papers In WaiSh'S possession. to get
conNlctlon that depOnent believed Walsh was con-
cealing himself TO escape process. and that Walsh
would be found soon, IL a reasonable delay was
granted.
MR. MERRICK'S HUNT FOR WALSH
Mr.. Merrick stated that last August he visited
New York for the purpose of having an interview
with Walsh and inspecting papers In his possess
sion; that he called upon f.. III. Grandon. Walsh's
attorney, who endeavored 10 find him: failing to
hnd Walsh, he made an arrangement with Mr.
Grandon 10 notify him (Mr. Merrickl when Walsh
could be seen. Later he had an interview with The
Attorney General. laid the matter before him. and
was directed TO proceed with the preparations for
trial ana TO endeavor again 10 see Walsh. lie there
upon went to New York early in November ard
again saw Grandon, who, after some talk said he
would endeavor to see Walsh and COMMUNICATE q
with him (ylr. Merrick) Two or three davs arTer-
wards he received communication from Gran
don, stating that he had seen Walsh and Walsh
IN onnfnr rr-ith
government except upon the conditions named I'm a
LETTER WRITTEN BY WALSH TO THE PRESIDENT
or the nlted States. Upon returning TO this CITY
the letter referred TO was exhibited to him CMr
Merrick) by the Attorney General.
This letter. which is the one recently published in
THE STAR, naming the conditions on which Walsh
would confer with government counsel was then
read by Mr. MerTick.
AFFIDAVIT OF MR. wM W. KER
MI. Merrick next read an affidavit by Mr. WmW
ker, OF counsel for the government, setting forth
the facts OF record concerning the case OF kellogg
stating what the government expected TO prove
and the testimony which Walsh was expected 10
give, showing the transfer OF postal drafts from
Price to kellogg and Brady. Mr. Ker also made af-
ndaVlt 10 efforts being made to find Walsh.
Mr. WILSON, OF DEFENDANTS COUNSEL OBJECTS To
FURTHER DELAY.
When Mr.. Merrick finished reading Mr. Nathaniel
Wilson, arising. said they strenously objected 10
any further delay in this From the very first
a
trial This was the second term OF the court that
had interyened since the indictment. Until this
hour they had had no notice from the government
OF disposition on their part to ask further delay
The defense had In good faith prepared for trial and
had witnesses here, summoned from a distance OF
LOCO miles They had no assurance that Walsh
would be here this year next year. and fC was un-
reasonable to ask an indefinite p0stponement of
this case upon such vague grounds. He referred 10
the position OF the defendant and said he was en-
titled TO be proved guilty TO be acquitted It was
cloud upon his lie and upon his usefulness He
was entitled to be confronted by his accusers.
MR.. INGERsoLL SAYS THE ALLEGED oFFENSE Is BAR
RED BY THE STATUTE OF LIMITATIONS
Mr.. Ingersoll, who also appears for Mr. kellogg.
called attention To the fact that Mr. Kers affidavit
set forth that the one promissory note and five
postal drafts were given TO Kellogg by Price July
10th, 1872 and the order by Brady resulting there
! from was made two days following. The indist-
this fact stated by Mr.. ker had been set forth In
the indictment the indictment would have been
quashed, as the alleged acts for which kellogg was
Indicted were committed more than three Years be-
fore the Indictment was found. II Mr.. Walsh was
here and swore to what Mr. ker said he would cut
| the throat OF the case from ear to ear He con-
tended that the court should not continue the ease
on account OF the absence of witness whose testi-
mony would show that the ofIense was barred
was that a case could not be continued on
account OF the absence OF witness. when they
thing. The affidavit showed that IL these
charges were true, Mr. James B. Price was
cOgn1Zant or and could prove the same
transactions 1t was not sufficient for the counsel
to say that Wash's papers tended to prove certain
facts. They should set forth the contents of the
papers, and let the court decide whether they are
material or not. He referred to the expense en-
tailed upon the defendant in preparing for trial
They had witnesses here from New orleans and
other parts of the country In common with other
people he had seen the prOnuciamentoo OF Mr. Walsh
but did not know whether the conditions named by
MIR. Walsh would be compiled with or not They
had therefore prepared for trial, and objected
to having the case continued from day TO day until
Mr.. Walsh could be caught. Some OF the afiantS
SwOre that they were sure TO have him in a little
while, owing to his habits Walsh may have gone
to Europe He may have been conscience stricken
He may think that the government would not be
square with him. He knew nothing about that. III
the case was to be postponed at all he insisted that
It should be postponed for the term. When they
finally got their hands upon Walsh and dragged
not care TO put him on the stand.
MR.. JERE. WILSON'S ARGUMENT
Mr. Jere. Wilson argued that II the witness Walsh
were here his testimony, as set forth I'm MI. Kers
afidav1t, would be excluded as tmmater1al and ir-
relevant.
REMARKS OF THE ATTORNEY GENERAL
When Mr.. Wilson finished, Attorney General
Brewster called attention to the fact that the
indictment had not been fairly In court until
July, when all the motions had been cleared away
Since then there had been no want OF diige nee on
the part OF the government The government did
not arbitrarily ask poStponement IL had made a
reasonable request based upon afidavtts, and had
gone SO far as TO diyuge the testimony which they