Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-04-29
EX-SENATOR KELLOGG.
His Trial Begun To-day.
IT GETS FAIRLY UNDER WAY ro-DAY-THR JURY
WHAT THE GOVERNMENT EXPECTS 10 PROVE
OPENING TESTIMONY,

The case Of ex-senator Kellogg was set for trial
In the Criminal Court to-day. The charge against
ex-senator Kellogg is, that while Senator OF the
United States he, in violation OF section l7S2 R S.
received compensation In notes and drafts from J.
B. Price, star route contractor, for influencing
Second Assistant Postmaster General Brady to al
low additional pay for expedition on routes S114S
from San Antonio to Corpus Christi, Texas, and
SO1S3, from Monroe to Shreveport, La MesSrS. In
gersoll Jere. Wilson and Nathaniel B. Wilson, OF
met this morning.
samuel Reynolds Of Lancaster, the newly appoint
eu special counsel. sat at the government table
The defendant. Mr.. Kellogg, sat with his counsel
Wnen the court opened Mr.. Worthington presented
the commission OF MI. Reynolds
AS TO ORGANIZATION OF A JURY.
Mr.. Nathaniel B. Wilson asked for q postpone
ment until noon, as he had an argument to make
In Judge Hagners court.
Judge Wylie. however, thought such postpone
izing jury and opening the case for the govern.
ment In Mr. Wilson's absence. He thought the
Jury laws were SO plain that no special advantage
jury Was called into the box. Mr.. Ingerson in
sisted that the government should begin with its
ea,l Challenges The district attorney said that they
desired the defense TO begin.
III neither side viii begin," said Judge wylie,
after some time had been spent In discussing the
matter, 1--WE Will swear the Jury"
Ah INGERSOLLS MOTION OVERRULEn
After considerable discussion between the court
ana Mr. lngersoll as to the proper method OF organ
hing the jury, Mr.. Ingerson made motion that
the prosecution be required to pass first upon the
Jury and then tender the jury to the defense. This
was overruled.
AN ARGUMENT As TO CHALLENGES
The defense finally began 70 challenge the Jurors
Jurors Thomas Fay and Wm R. Daily were per-
emptorily challenged by Mr.. Nathaniel Wilson.
AN argument arose as to the number OF challenges
10 Wnch the defense were entitled. The defense
canned ten, as the character OF the offenSe
charged was felony, the punishment provided being
infamous The government insisted that the de-
tense had but four challenges and the government
s1at, snass, as the onense was expressly stated by
statue 20 be mfSdemeanor.
MT. 1ngersoll argued that the character OF an
onense was determined by the punishment pro-
from the defendant not his property, but his
pontlcal privileges. which were Infinitely more
valuable than property
THE COURT ON "POLITIcAL PRIyuHGEsn IN TIE
DISTRICT.
"1n this country" said Judge wylie, "property is
considered more valuable than anything else, and
In this District property certainly is more valuable
than political privileges. We have no political
privileges here and yet, certainly, the whole popu
"These political privileges" said. Mr. 1ngersoll,
were not taken away for crime. II they had been
That would have been Infamous"
NO JUROR IN THE BOX WHO HAD FORMED An
Judge Wylie having restricted the defense to four
challenges the defense rendered the jury to the
prosecution. The government asked the privilege
OF questioning the Jurors as to whether they had
formed opinions OF the case Judge Wylie said he
would put the question to the jury at large and
turning TO the jury box said that If there was any
juror who had formed opinion OF the guilt or In
nocence OF the defendant he should not retain bis
seat.
CHALLENGES BY THE GOVERNMENT AND THE DEFENSE.
The jurors remained motionless and silent The
government then challenged peremptorily Jurors
W. Il. Lee, Jno ". A. Queen and VIM. q. Bell
Mr: Nathaniel Wilson said he would challenge
MT John n. Coyle for favor, as he was brother OF
the assistant district attorney Mr. Wilson said he
unoerstood Juror Coyle had occasionally been en-
pi2ysd 2I,aI oy yrl,. the district st attorney.
Judge Wyhe did not think that this was case
coming under the rule concerning challenges for
cause
MI: Jere. Wilson was allowed to examine Mr..
Coyle, who said that he had, as a surveyor, been
employed on some occasions by the district attor-
neys office to make plats to be used in trials He
went to the district attorneys Office nearly every
afternoon, to 60 home with his brother
Judge Wyne said that without sustaining the
challenge he would not serve.
Mr.. COyle reminded the court, In order to set
himself right, that when called first upon the iury
upon being challenged he had submitted the case
to the court and the court had directed him to 90
On With his work juror.
MI. Coyie then was excused at his own request.
THE WORK OF SELECTING JURY GOES ON.
Mr.. H. O. TowleS was examined by Mr. Wilson,
and said he had formed and expressed an opinion
and was excused from service
Mr.. George J. Muller was examined. and said his
sympathieS were on one side Of the case.
sf his sympathes are our way" said Mr. Inger-
soil, 81 don't think it will hurt anything"
Mr.. Muller having said he had formed and ex-
pressed an opinion was excused.
James N: c. Wallach was called and sworn
q, one " Waaeh aha sad Judge Wyne s brother
Mr.. Wallach said he had formed and expressed an
opinion.
Riley c. omohundro, Lawrence Sands and Robert
Hutchinson were excused for having formed opin-
ions regarding the case.
Benjamin F. Morsele was excused, having served
on another jury within year.
Robert d. Hughes said he was a son of BaflifY
Hughes, one OF the officers OF the court.
This court seems to be family concern" re-
marked Mr. IngerSOll, Sotto voce.
Mr. Hughes was excused because Of service on q
jury within year.
THE JURY AS COMPLETED
is composed OF Henry Il. Bacon Eugene P. Miner.
Henry Mason, Richard Riggles, Jno. r. Mansfield,
Chas R. Evans, Cornelius P. Bailey, Lewis H. Nc
Dade, Vim. NJ. Frank, VIM. H. Morgan Adolph
Miller and Samuel j. Owens Two OF the jurors
Miner and Mason-are colOred The jury was sworn
at 1880 o'clock
Mr. KER OPENS THE CASE FOR THE GOVERNMENT.
Mr.. ker then began the opening for the govern
ment. Mr.. Ker said the facts OF the case were
simple and plain. 1t was, he said an extreme case
such case as jury was seldom called upon to
consider He read the section 1852, K s., forbid
QlnS members OF Congress- heads OF deDartmentS
and others from receiving any compensation for
services in Which the United States was directly or
indirectly, interested In 1878 John B. Price made
q contract to carry the mails on the routes from
Monroe to Shreveport, La, for $3.50 year. He
made also contract On the route from San Antonio
to Corpus Christi, Texas for S2,733 year. Shortly
after making the contract on the latter route an
order made increasing the service to six trips
week. Mr. Ker stopped to explain the meaning
OF increaSe" and ''expedition" One year after the
contract made Price sent the routes to get
signatures to petitions for reduction OF time from
thirty-six hours to twenty-nine on the Louisiana
route and from forty to twenty-nin on the Texas
route. For some reason Mr. Brady did not grant
the petitions: Price then took the petitions to Mr.
Kellogg, at Willards hotel and told h:mf he could
get the expedition allowed
He WOULD GIVE HIM {KELLoGG) $4,000
Kellogg took the papers, and said 81 viii see about
it" Mr.. Kellogg subsequently told Mr.. Price, ssIt
is all right. 0e expedition will be granted" Mr.
Price then gave Mr. Kellogg five postal drafts for
00O payable from the proceeds Of the expedition
at fve different times. He made these drafts "Pay-
able to myself or ORDER" &c. These drafts, or
5000 each, were dated July 16, 1s79 and signed by
himself on the back, so that they could be caShed
by anyone These drafts were given to Kellogg, to-
gether with promisSOry note for 5000, making
the $4,000 promised to Kellogg. On the 18th day
Postmaster General, made orders granting the ex-
pedtion asked, and allowing the contractor 967
year additional on the Louisiana route and SO 2OA
on the Texas route. These contracts had then
three years to run Kellogg took these postal drafts
to q banker named John A. Walsh, with whom he
had been intimate. He asked Walsh what he
thought OF the drafts Walsh told him II the ser