National Republican., 1883-07-20

ntTcu.
ARsUMENT IN THE KELLOGG CASE POST
PoNED.
The argument to quash tho indictment
against ex-senator Kellogg for receiving
III ,ney for services in securing q star-rCute
contract was heard in the criminal court yes
to-day.
Mr. Wilson said that Mr.. Shellabargcr was
much better, but is still very weak, and as it
would be inexpedient for him to appear to.
day he would ask that the argument bu post
poned till next Monday.
Mr.. Merrick opposed the postponement on
the ground that there was nothing in the mo-
ton and asked that tn > case be heard now.
Mr.. Wilson replied that the pressing for the
Immediate hearing was to say the least, after
the statement had bee made as to tho physi-
cal condition of counsel, discourteous.
Mr. Merricl said he had never b,.n dis
courteous Go counsel in his life, and he would
now state that in his opinion, the motion was
frivolous and interposed for delay. Under
the instructions of the attorney general he
(Nlr. Merricls) was endeavoring to get the
preliminary motions out of the way.
Mr. Wilson said that perhaps they will not
appear so frivolous in the end.
The court said he did not see that this mo-
ton would delay the trial of the case but it
might be inConvenient to counsel
Mr.. Merrick said he desired TO get away
| from the city,
! The court said that on the other side Mr.
Shelabargcr is detained by sickness and could
| not be here He would postpone hearing the
argument till Monday.
Mr.. 1lerrick asked that the motion based
on Mr.. Kcrs presence in the grand jury room
| be now considered.
! Mr. Wilson submitted that in the absence
of Mr.. Shcllabarger this motion also go over.
The court desired the papers to be read.
| Mr. Merrick therGupOn read the commits
| sion of Mr.. Ker his oath of Office, and the
affidavit of Mr.. ker in which he says that
he was introduced to the court as an assistant
district attorney, and was introduced TO the
grand jury by District Attorney Corkhill as
his assistant that he was not present when
the grand jury was considering the testi-
mony, and he did nothing contrary to law.
The court directed that the papers be filed
uunc pro tune as of tho date June Is.
Mr.. Wilson SAID that the record did not set
gat Mr.. Kor's appointment, &C., and upon this
state of facts he had predCated tho motion.
The court said tho fact was made known
10 him aud that had better appear as of date
prior to the finding Of the indictment (June
49,
After examining the papers the date was
fixed March ., the first day of the March
term anu tho court formally overruled the
motion.
Mr.. Wilson noted exceptions to the ruling
~ the court granting leave to file the papers
hnd to the action of tine court in overrulinp
his motion.
The court adjourned to 1890 o'clock Mon
day.
OTHER BUSINESS TRANSACTED.
The last will of Henrietta ID, Handy was
filed yesterday. She bequeaths to Mrs. Hen
rictta w. RitteuhOusc some personal property
and leaves the bulk of her estate to her nieCos
Louisa and Hannah Wilson, and appoints
Louisa her eXecutriS.
Alfred Perry, Abraham Blackman, anC
Daniel Williams yesterday incorporated thu
Mt JeZreel A. NJ. f., church, corner of Fiitl
T and Il streets southeast,
Minerva S. Wynne, by her attorney, II. II
GOldsborOugh, yesterday entered suit agains
Thomas f. Waggaman, TO compel him TO exc
cuto a release of lots 10 and IL, square 1919.
/ w. A. McKenney, as attorney for james il
= McKenney, yesterday entered suit agains
4 Sallie Carroll and others to secure appoint
r ment OF now trustree for lot 27, square 57l
James IL. Smith, as solicitor for Rufus A
o Morrison, yesterday filed bill in equit.
against Catherine Boyland and the unknow
: heirs of Michael Doyle to quiet title of lots
d and II, square9I
? THE RECORD.
q Equity CoiTt-Judge Jdmes,-Cypert VS.. Green
II al: order denying injunction. Hudson VS., liu'
4, son; order OF publication. Barbour VS.. Leddy
trustees sale ratified, Courads vs., Building as
, sOciation No. G; hearing postponed unHl Tuesday
Tayloe VS.. Tayloe; reference 10 auditor Mari
man vs. MarrimUn; proceeding stayed, Bush VI
Stanton; trustee authorized TO pay over money
Mari vs. Barry; guardian ad litenl appointed
SO SChrOth VS.. Miller sale of parts of lots II and
square Gi2, ratified, Adjourned until to-day.
SMOKE the Longfellow Cigars. You'll lilk