Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-12-11

The Trial Postponed Till the Next
Term.
THE DECISION OF JUDGE wYLrE.

In the case OF ex-senator Kellogg, indicted for
having received, while a Senator OF the United
States O00O I'm post Office drafts and promiSsory
notes from James B. Price, q star route mail con-
tractor, for inducing Second Assistant Postmaster
General Thos. J. Brady TO make an order allowing
Increase OF pay on Prices routes from Monroe to
Shreveport, La, and San Antonio to Corpus Christi
Texas, Judge Wylie this morning rendered his de-
cision upon the motion OF The government to post
pone the trial on account or their inability
to secure the attendance OF John 4. Walsh,
VINO Is represented TO he an important wit
ness The defendant was present with his
counsel. and the Attorney General and Messrs Mer-
rick and ker represented the government. In re-
latiOn TO the statement that IL was expected soon
to secure Walsh's attendance. the Judge said that
was rather hope than an expectation BY WalShs
own declarations he was determined not 10 appear
unless certain conditions named in letter 10 the
President were compiled with, and tie court had no
knowledge as TO whether these conditions would be
complied with or not. Ii appeared to him that the
motion ought to be overrued. il would be unjust
to the defendant after preparing for trial and bring
ing his witnesses here, to keep him and his wit
neSses in attendance on the court until the absent
witness may be found. He thought it
would be very oppressive 10 require the
defendant to come into court when the govern
ment gives notice that they are ready. lie thought
Indefinitely would be an order without precedent.
The defendant insists upon having an Immediate
trial. His counsel declare that he is ready. The
court could not make that order. The court had no
power to force the attorney OF the United States
enter nOlle pros. SO long as he did not choose 20
enter a nOle pros. the court could not enter one
1t was true that In an extreme the court might
direct jury TO be enpanneled against the protest
OF the government Then if the government Were
not ready the jury could acquit. tie referred also
to case where defendant was i'm jail. In which
case the court might discharge the prisoner on his
own recOgntZapce. IL the defendant were not n
prisoner but out on bail the might release the
bail That was the only way in which the
court could bring pressure upon the attorneys OF
the government, il there was reason To believe that
they We're delaying the case unreasonably. Other
wise the attorneys for the government were en-
titled to have opportunity preparing their casefor
trial. The only course the take under these
circumstances Is TO direct general continuance OF
the case until next term. He would not force the de-
He was satisfied that the aiifdaytS OF the govern
ment justified such continuance. He would not
force the government TO go into trial when they
We're not ready or when they desired the evidence
OF witness whom they considered so important.
''Important, il true, " interjected Mr. Ingersoll.
Judge Wylie said that whatever reliance they
placed In this witness the adavitS represented his
evidence to be important. The case was conitnued
THANK you," said Mr.. Ingersou as he picked up
his hat.
The defendant and the counsel engaged In the
case then LEFT the court.
National Republican Convention.
THE CONTEST FOR IT'S LOCATION.
A delegation representing the political organiza-
ions OF the republican party OF Philadelphia, as
well as the mercantile, manufacturing and indus
trial interests OF the city, arrived in this city to
Gay, 1Or tne purpose OI urging upon the national
republican committee the claims OF Philadelphia as
the place for holding the national convention.
Edwin n. Benson is the chairman OF the delega-
ton, and Silas W. Petit and VIM. B. Ahern the
secretaries. The headquarters are at the Riggs
house. The delegates viii be received by the Pres
Mr. Geo S. Gatchell. of Buffalo, \. Y. is in the
city, representing the interests OF Chautauqua,
n T., as the place for holding the next republican
convention. He claims that there are not only
ample accommodations, but that IL would be good
middle ground for the east and west to meet UPON
He says that he has f1ve or six votes In the
mittee.
A conference was held last night between promi-
nent IndiananS in this city and the committee from
Indianapolis TO agree upon the best means OF pre-
Senttng TO the national republican committee the
convention. The matter was talked over informally
but no conclusion was reached.
Mr.. w. NJ. Ampt, OF the Cincinnati committee
states that Cincinnati claims that the new music
hall, In which the democratic convention of 1880,
was held, is the most suitable hall for a national
convention OF any In the country. having seating
for consultation OF state delegations The capaeiiy
Of the Cincinnati hotels. IL is claimed. is about 600
and they are reinforced by 365 private boarding.
houses. 1t is urged, also, that Cincinnati is near
the geographical center and the center OF popula-
ton, and is also railroad and telegraph center
AS to party advantages, IL Is claimed that the
influence OF the convention, II held there, Will reach
both Ohio and Indiana equally.
Affair i'm West Washington.
BUILDING AssOcIATIoN.-At the ninth regular
monthly meeting OF the Citizens Equitable Build
ing Association, held last night at Goddard's hall
$3.50 was sold at rates ranging from Sl92 TO slSS
per share.
DEA1H-Miss Catharine A. Magruder, a wen
residence on street yesterday morning. The de-
ceased was sister OF Col James A. MagrIlder
GRAIN-Arrved-Boa Veal and Leigh, with 1000
bushels wheat No sales reported