The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1883-07-19
EIsOM WASHINGTON
Opinion in The Kellogg Case.

court Judge Nylic delivered AN opinion
upon the pleas In abatement by the de-
iCusc and the demurrer entered hv tho
government In the case at the United
state, against WIN. +. Kellogg, charged
. with legally receiving money while
United States senator, for action In con-
ncr'iun with the expedition OF u certain
star route. The Law req irrd the plea oil
abatement to be- drawn with great exact
ness. said the Judge, Us he took up the
. inst plea based upon the failure Oi the
/. FIRST indictment to agree with the pre-
sentiment. He dismissed this plea he
cause it was not material. The next plea
WAS one charging Her with Illegal at
tendance upon the sitting ui the grand
Jury, the Judge said was not based upon
. the tact.
kor WAS m authorized representative
as attorney for the United Sttt X for the
district The pleas attacking the grand
jury ~ illegal because mcmbe had
not been notified five days III advance.
that their names had been drawn and
because no 90 did not spccify proper
hours were dismissed, because they did
not az zee with the facts aud were not
material. Nest plea, an important one,
sand the court charged lllegnlity IN
the proceedings because the vacn cieJ
III the jury were caused by cert in pcr-
Sons being excused and had been filled
bN u ats from the box instead OF hy
I4ummnuiup tnlrgmru. In tend Of nick
mn, mn t,.lramcn. the marshal Ind taken
II mrs nj same rox. unmr4 wrr, sup-
,,.,,I T., r,,,r,.s,nt t,,, ,,u,,rs nr rrr.,,i,.
i,.,.ll, ,li,,'II. ,Npg tbnt rnr.I i,,,uI -"
"Iho whole panel ~ Hskcd the Judge ?
and IN answer he rond number II
authorities tu the contrary fact "Ihnt
the uumrs had been obtained from tue
bon WIS NJ OBJ" ton, y uylded he per
h"nt pneHrse'd the I'gu luhihctl"n7
Hald me COURT hH u ulHlhlHseu Tue pl
upon tn' question: on th npphcAnl'i'l,
hrt ~ June "Wh' lo'9 rue court ma
passed ~ me case oil united states
Dorsey h"ldlnE thht tno act was no'
~ l"I'e VI ms u'S'''' "nt u''n 'n'
rl"ae were III hc'ot unr' WIN ne 'ac
sun ,u' J"l&' III summing Wy III, 'h''l,
n''''' N,,I EoWl '''''n, A. A. wv, WIN, W
"'I a',, ~ y ,,',,,, ,,.,,,.,t ,
EN- 1870 '' i
"Icas tn",,tnr" III, ,,I"as vr,r nyrrrulrJ
mi i the rnnrt in cnnrlueion. WiIsnn. tnr
rx.srnatnr ILrIInUr noted the rxrrnticn
and liIrd A motion to 6nsh th,. M, let
mcut. based upou kor's prc.cnce In the
h urnnd ury room aud upln the imp,rtrr-
tons and 1rtlcicncy OF the indictment II
was agreed to proceed Tomorrow with
the arguments On motives to quIsh aud
the ease was continued
mLL INvEsrGNIoN.
AslllN"I'N, july Is. Al mo oWnlng
oi the llll Investigation, hwuS an
% nnuneed ms engagement when compelled
1 MN Ia i''lt' temporarily rom 'h' 'As',
coleman ou,t'd IN r'lnen'r vouchers Tor
III hS 'hl" w. y i''u"' ". '',''u" ~
-arn 'I'u tIl"IS ,"HSt,'" s,' .o'n' 'I'
pnp'' ',','''',E' ~, Nv"
p',u ,,,t,,T s,,.. ill.,, ,.,, TRACT,
. ul'Io'ly "' N.'n SUI "' '" '""Sl1
wiz NM ' ,,,.''. i.,i,i Nav,
ou,' ", ,,' " ,,I,
lou ,.7u G,n,,,,r;,, 'ras "a'l,,,H ~,
, testify WIN regard TO the heating nppn'
,I,"J ~ ''r G"S," "TaS ~ I,uIF iiJ
"''i',, ''i r,,I,i, NJ, an - ''.,,,
nnu Workmanship t"'' ',' VI ,"' 'uu
. w ''"I7 were p1"'"o' "p III 'lo '4'E1
/ lhhll room HhH lhr atmosphere WIS nau
e III consequences
I Coleman announce" 'hHt tue It"H''u-
, had e .oscd the Damon case with the eH-
I ceptiou Of introducing correspondence
: he wcen Hill and Damon.
jacobs Of the architects Office, tesu-
tied hat the snfe men had said to h III
a. that tn y would like to furnish safes, but
A., could not compete with Damon In ms
4 prices. On cross examination wi ness
!, SAID there had been but one adv rtise-
4. mont Tor safes ducc 1879 lie was salts.
o fled TINT Potter did not resign because
NJ Ia. Iid NOT cnrc Ia contiuuo MulIetta
l., rrnotirrs that have since been followed
r. hy nm Witnr.g' Knowledge Of cost of
NJ sifcs .lpplied n4,ieriv Il from voucher,
q. nud or Icra pna.mg through his han *.
l. Wituce. wng asked # the office
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