Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-07-30
THE INDICTMENT AGAINST EN-.
SENATOR KELLOGG.
Judge Wylie Ovcrrules the Motion to
Quash It

eral Term Judge Wylie held session OF the Grim
nal Court and announced his decision on the mo-
tion to quash the Indictment in the case of eX-
Senator W. Pitt kellogg, charged with illegally
receiving money While United States Senator.
There were present Messrs Merrick and Ker and
District Attorney COrkhill for the government,
and Mr.. n Wilson for the defendant, with MesSrs.
Jen Chandler, Wa. Cook and other lawyers in
terested In the case.
Judge Wyue, in rendering his decision, said
that the defendant was Senator at the time OF
1852, r. S. Reading from the brief of Mr.. Wilson,
he said the offense charged was that Kellogg on
five occasions received from James b. Price
81, to influence his action; that he did influence
and caused Thos. j. Brady to make certain orders
In writing for increasing the service on certain
mali routes; this on April 18th, $780,
THE oFFENsE CHARGED.
After reading section 1882 OF the Revised Stat
utes the court said the offense is receiving a
compensation for services rendered." and asked If
this subject, he said. The indictment charges
that services were rendered, ami that the same
were paid for In pursuance OF an agreement.
Mr.. Wilson.-Your honor is mistaken as to an
agreement
The court read from the Indictment, and said it
charges that the services We're rendered at the
solicitation and request Of Price, and In the con-
Guiding paragraph that he (Kellogg) received this
as and Eor fee 1t sets out that there request
made, that the services were rendered and the
result obtained, Sc, and all the elements for a
contract were involved. Alter all had been ac-
compensation for the services 1t sets out a COM
plete contract-an executed contract. If this is a
fair statement then the Indictment charges an
Ofense against Sec. 17e2
OBJECTIONS TO THE INDICTMENT REVIEWED.
1t is objected that the indictment does not set
forth more explicitly the facts. 1t charges that
Kellogg did then and there induce, persuade, aid,
cause and procure the making OF the order A
Senator had no right to go an attorney and pur-
suade an officer OF the government in such case
Upn .r nj
terms. but they could not we'll be otherwise. II
sufficient to set out that an effort was made by
take certain action. In the case OF U. S. agt.
Mills there was nothing specific In the charge, and
SO in the case OF Gooding. The doctrine is that it
Is not necessary to be more explicit than the
statute requires. The charge is that in cOnsidera-
ton for services money was paid. In his opinion
this was SUFFICIENT.
THE QUESTION OF INTENT.
Another argument made was that it was neces-
sary to set out that there was an unlawful intent,
but this statute says nothing OF intent When the
intent is part OF the crime, it should be set out
But In this case the act is forbidden, and the
use OF the word intent would be surplusage. He
read from Lord EllenbOrOugh, Lord Mansfield and
others
THE INDICTMENT PROPERLY BROUGHT.
These views, he thought, disposed OF the motion,
but it would hardly be fair to pass the able and
ingenious argument OF Mr.. Shellabarger. Judge
Shellabarger claimed that the words used were
applicable to section l7s1. but the court thought
that their use did Dot vtiate the Indictment under
section ,1s2 1t is the duty OF the court to deter
mine under what section Of the law the fndlct-
ment comes. and he thought the Indictment was
properly brought under section 1882.
The motion to quash was overruled.
MT Wilson noted an exception.
MR. KELLOGG PLEADS NOT GUILTY.
Mr. Kellogg was sent for and In a few moments
appeared, and the reading being waived he en-
tered plea OF not guilty.
Mir. Chandler said he desired to file plea In
abatement In the case OF Gen. Brady indicted with
Senator Kellogg.
The court said that the defendant must be
present In court, and he must decline TO receive it.
NO TINE FIXED FOR THE TRIAL.
Mr.. Merrick asked that day be fixed for the
trial of Mr.. Kellogg.
The court said there were many claimants for
priority Of tIial-the police cases for instance
ana he was not prepared TO say what cases Will
have priority.
Mr.. Merrick said he would on the reconvening Of
the court on the 9th OF October ask that day be
fixed for the trial
The court was adjourned to Monday. October 9Th.
Precautions Against Yellow Fever.
THE CONFERENCE OF HEALTH OFFICIALS AT FORT
REsS MONROE AND ITS RESULTS.
Health officials OF Baltimore, Washington, Rich
mond, Petersburg, Norfolk, Portsmouth. Newport
News. Hampton and Ocean View met at Fortress
Monroe Saturday to consider the best method of
preventing the Introduction Of yellow fever. Con-
gressman-elect Harry Libbey presided. Surgeon
General Hamilton, Of the marine hospital service,
read letters from the Norfolk cotton exchange,
Judge r. W. Hughes, OF the supreme court OF Vir.
glnia. and Others requesting the removal Of the
to Lynn Haven bay. Mr.. Kennedy, of the Ocean
View hotel, and Mr.. Phpbus, OF the Hygeia hotel,
explained that the present proximity OF the barge
led to a large loss OF patronage. resolution Of
fered by Gen. V. d. Groner, OF Norfolk, that the
Secretary OF the Treasury be requested TO remove
Capt Hgans, the lighthouse Inspector, be directed
to buoy OUT the channel to Fishermans inlet, just
north OF Cape Charles, with view to establishing
A resolution was offered by DR.. Benson. OF Bal
t!mOre, requesting the Secretary OF the Treasury
to establish rigid quarantine between the capes
Immediately, and TO continue as long as he thinks
necessary; and another, offered by Health Onicer
Townshend, Of this city, "That the governors OF
pilots OF these waters to pilot all vessels coming
into or through these capes from foreign ports
to point opposite the quarantine station, where
ever 1t may be located" were also adopted
Surgeon Henry Smith and Assistant Surgeon
Giennan, OF the marine hospital service at Nor
folk were at Fortress Monroe yesterday carrying
out the orders or the SurgeOngenera In reference
to quarantine. The hospital barge Selden was
towed by the steamer Fish Hawk from Willoughby
The steamer Andean was taken by the steamer
Pilot TO Lynn Haven roads The steamer Califor-
mia arrived at Hampton Roads from Baltimore
board. DR.. Thorn, of Norfolk, VOLUNTEERED his
services and was placed on board. The patients
will be removed to the Seljen to-day and the
California Will 60 to Lynn Haven bay for disin-
fect1On.
NOT THE PLACE FOR QUARANTINE STATION.
Health Officer Townshend nd Mr.. McGinn, the
chief clerk Of the health office, returned from Fort
ress Monroe to-day. There is some doubt in the
mind OF old river men as to the practicability of
establishing quarantine station at FiShermenS
Inlet as they believe vessels cannot enter the in
let This inlet Is back OF Egg Island, just around
Cape Charles. man who has had 40 years expert
ence on the river and Chesapeake bay stated, In
an interview with some persons interested in the
subject, that he was satisfied FiShermenS Inlet
was not the proper place for the station. He Sug-
gested that the station be located at the mouth of
York river, a mile south southwest of York Spit
light. there is safe harbOr there, and, at the
same time, no neighboring town or Inhabitants to
complain.
SANITARY CONDITION OF WASHINGTON
Chief Clerk McGinn, Of the health ofIlce, stated
to STAR reporter to-day that with quarantine
station at the entrance OF the Chesapeake bay and
good patrol, there was no way In the world for
yellow fever to reach this city. He was satisfied
that the sanitary condition OF the city was such
that In the event OF the fever appearing here 1t
would be successfully resisted.
Capt. Evans, OF the revenue cutter Holly. was
telegraphed Saturday evening, about eight O'Clock,
to report at Norfolk for the purpose OF towing out
the hospital barge Selden. The dispatch. how
ever failed to reach its destination, the Seden
was tOwed out by the flsh commission steamer