National Republican., 1883-04-19
grand jury came in during the discussio
aud returned the following

grand jury came in during the discussion
and returned the following
INDICTMENTS:
Against William Pitt Kellogg for receiving
money while United States senator, for
services rendered in relation to a contract
with the United States witnesses, John A.
Walsh, James b. Price, Joseph Cochran, and
J. NJ. Brady.
Against Thomas J. Brady, receiving money
while second assistant postmaster general for
services rendered in relation to q contract
with the United States. The same witnesses
are named in the two indictments. The in
dictments arc voluminous-apparent as
large as the indictment in the star route case.
There are five counts in each Indictment,
charging five separate payments of 1,50O for
one service rendered-expedition of the mail
schedule on Prices routes from San Antonia
to Corpus Christi, Texas, and from Monroe
to Shreveport La.
The indictments are printed in neat pamph-
let form, and, except in the names Of the per-
sons indicted and few minor points, are
much alike. Beginning with legal defni-
tion of the duties Of the second assistant post
master general, the indictments state that
Brady entered into contract with Price for
the performance of service on the star routes
from San Antonio to Corpus Christi, Texas,
and from Monroe to Shreveport, La, and that
on July II, 1879, at the solicitation of Kel-
logg, Brady made an order reducing the time
for carrying the mail on these routes and al
lowing Price extra compensation therefor, re-
ceiving in return five separate amounts of
81 800 each.
Kellogg is charged with having received
five installments for $500 each in lawful
money as consideration for using his influ-
ence while in the United States senate) with
Brady to secure the expedition Of the routes
above mentioned.
Mr.. Ker gives the following statement o
what the government counsel believe to be
the facts in the case:
Price had attempted, without success, to
get an allowance for expedition in connection
with these two routes. He then took the
papers to Kellogg and promised to give him
$4,000 if he would procure expedition of the
routes. Kellogg told him to leave the papers
and to call in two days. AT the appointed
time Price returned and Kellogg told him
that il was all right, that expedition would
be granted. Price thereupon sat down and
drew five drafts upon tho auditor of the
treasury for $4,000 against his pay for service
on the San Antonio and Shreveport routes.
For the remaining $1,000 he gave note in
dorsed by another mail contractor, which was
paid at maturity.
Tho drafts were to be paid on April 10,
April %, 1881.
Kellogg gave them to Walsh and requested
him to collect them, pay him (Kellogg) 81 500
for each draft, and credit Brady (who owed
money to Walsh) with the same amount.
Walsh collected the drafts as they matured,
and upon the collection of each draft paid
kellogg $500, and credited Brady with
$1,000.
In answer to the objection that the offense
ended with the passage of the drafts and that
the prosecution was therefore barred by the
statute of limitations, Mr.. Ker says that pay
ment of the drafts might have been stopped
by the contractor at any time before maturity,
through an application to the auditor, so that
they had no real money value until cashed.
The first Of the five drafts was paid April
49, 1880, and IL the indictment had not been
returned to-day could not have been made
the basis Of prosecution, as tho statute of
Limitations would have begun to run against
the ofiense tomorrow.
In discussing the Kellogg indictment last
night friend of the ex-senator said:
"The senator was told by representatives Of
the prosecution week or ten days ago that
he could 60 away any time he might wish and
that he would not be required to give bail for
his appearance until he got ready to return.
Although he had pressing business in Louisi-
ana, owing to the death Of his brother-in- law,
who was also his business manager in the
south, he preferred to await the formal re-
turn of the indictment. The whole matter
year ago, as is known, because prosecution
would have been barred after July, 1882.
Finally, by extraordinary pressure, a pre-
sentiment was procured March q. The in
diotment that is based on this presentment
recites that the alleged offense was COM
mitted April II, 1885, The proofs show that
the ofiense, if there was an offense, was COM
mitted July 16, 1879. Upon the statement OF
facts set forth in the presentment, prosecu-
tion is barred by the statute Of limitations, as
the indictment was returned one day too
late. Walsh was before the grand jury yes
terday swearing to later date still, and other.
wise amending his previous testimony to
make it fit better"
Gov. Kellogg had nothing to say except
that he is not at all concerned as to the re-
suit, knowing that there is no case against
him; and that, while he feels aggrieved that
this proceeding should be had on such evi
dence as this indictment is predicated upon
still he knows that all the facts will be
known ultimately, and that when they ART
known every fair minded man in Americf
will be astounded and indignant at the out
rage that has been perpetrated on him."