Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-03-29
THE KELLOGG CASE.
Proceedings I'm Court To-day.
APRIL aIST FIXED FOR THE TRIAL

In the Criminal Court to-day, before Judge Wylie
the case OF Ex-senator W. Pitt Kellogg, indicted
lor Illegally receiving fee while United States
senator to influence his action In star route mat
ters, was called up on the motion OF defendant to
set day for trial.
The Attorney General, Mr.. Brewster, Mr. r. T.
Merrick, special counsel, and District Attorney
N~ortnington appeared for the government, and
Messrs Shellabarger and Wilson, r. G. IngersoI,
ana MT Nat. Wilson for the defendant
MI n wilson said they had filed a motion In the
case on Monday last, with letter, stating the
grounds On which they asked a speedy trial, which
ne read. "a synopsis OF the letter was published
III lne STAR OF Wednesday,.
Continuing, Mr. Wilson submitted that the re-
quest was reasonable: He called attention TO the
Iact that letters had been published from Mr..
and In reach. They first sought Mr. Kellogg as o
witness, then indicted him, and now refuse him
Judge Wylie said he had this morning received
from MI Walsh printed slip. a copy of the letter
read 1t.
wALshs LETTER
Mr.. Wilson then read this letter. charging that
one OF the counsel for the government had saved
Mr.. Kellogg from Indictment, and had held a con-
ference with Kellogg the residence OF Secretary
chandler, on the statement OF one OF the counsel.
This statement, Mr.. Wilson said. he was authorized
10 deny. Whether this was written from lunatic
asylum ne would not state, but he would say that
when the man was within 200 miles they should
nave a trial They did not ask nolle pros or dis
miSSal, but a trial.
Mr.. MERRICK ON wALsH's LETTER.
Mr.. Merrtck, for the government, said that the
remarkable paper just read he had not seen. That
paper says that one of the governments counsel
had said that Mr. Bliss was faIthless.
The COurt-"Do you think that the court should
listen TO an argument on that paper"
COUNSEL to on nave Mess Wor , 70 Say e
myself" Continuing, Mr.. Mer1ck said that he was
brought in relations to Mr. Walsh In 1882, who COM
municated to him that the grand jury had
overlooked his testimony as to kellogg
All that reflected on the counsel came from the
witness 1t was true that Mr. Ker went before
The grand jury, but 1t was because the witness
Claimed that he would not be dealt with fairly by
MIR. Bliss. What did the government want with
a witness who wrote such paper from lunatic
asylum They wanted his papers. He would say
nothing further On the subject. He would now say
that
Mr.. BLISS HAS MADE EVERY EFFORT TO FIND WALSH,
although he understood that Mr.. Bliss has no fur
Their connection with the case. He had at his own
expense endeavored to ind him. They had had
subp9nas duces tecum printed-with list Of papers
n need OF them being taken to New
fy Could the and had nasg had the done
ant that they would not be ready at this
time. He did not think, under the circumstances,
that they would be forced to trial The counsel
charge laches and say that the proceedings against
Kellogg We're set on foot two years ago, but he
knew nothing OF 1t. He did, however know that
this indictment was found In April Last july this
defendant was STAYING OF action and the case was
postponed. He read the decision Of the court on q
IL
former motion. and asked II the attorneys for the
not cases anterior to this, and receiving the reply
That there Were many, including several murder
cases, he asked the necessity OF forcing them In
this case.
The Court-It does not follow that they will be
tried.
Mr.. Worthington.-We have probably enough
ready to consume the time.
The court suggested that he bring them on.
Mr.. Merrick said he would not consent to going
to trial unless he was ready.
AN EXTRAORDINARY SPECTACLE
The court said suppose they could not get the
witness. 1t was most extraordinary spectacle, q
man required as a witness, both by. courts and
House OF Representatives, and cannot be found.
Mr.. MeTrick said that the district attorney sug-
geSted That there was no evidence that Walsh was
In New York.
Mr.. INGRRsoIL
remarked that the proposition was abhorent to him.
and he insisted that in court OF justice the gov
eminent was equal only to the defendant. The
was required to show reasons why a case should be
continued 1t was a dangerous proposition to say
that the government should postpone action at
will The government should show that they have
reasonable expectancy OF securing the presence OF
the witness. Unfortunately the witness had fallen
out with the government; and partially his terms
had been complied with, Mr.. Bliss having gone out
OF the case.
The Attorney General:-No indeed.
Mr.. IngerSOll.-rerhapS he has become patriotic
enough not to stand in the way Of the government.
Mr.. 1ngerSOl said all the power OF the government
had been invoked to secure this man, but they had
not found him. He had understood that gentlemen
had seen him Ia New York.
The Attorney Generals this proper? Where
are the affidavitS?
Mr.. Ingersoll.-We are not required to file affida-
Wis., but he had it from Mr. Hine, who spent several
hours with Walsh at the Aston House, and Mr. Glib
he asked If the be post pOned on account
OF person the counsel say they Will not believe,
Whom whom they charge With 1alslfylng: Let the gov
Walsh and he would admit 1t.
Mr.. Merrlck.-Let them agree to the admission Of
the papers
Mr.. Ingersoll--Brtng Walsh: we will admit him.
Bring the papers; we will admit them Bring him
We're theV oo or "Uu a ana we VIII aas them
When he was here what would they do with him?
1t was unfair to Mr.. Kellogg and his constituency
to keep him longer without trial. The proper
order would be to require the government to be
ready In a definite time.
ATTORNEY GENERAL BREWSTER SAID
that where there was an extreme case the court
could enlarge a prisoner On his own recognnance,
and could call a jury and take a verdict. Was this
an extreme case? He claimed this was not such a
case, and the government had not been guilty OF
oppression or lack OF diligence. Baffed In their
attempts to procure Walsh he submitted that they
were entitled to further time should have a rea-
sonabe time to procure the attendance OF this wit
ness.
Mr.. jeremiah Wilson, for the defendant said that
and failed to obtain an Indictment, and they know
now why they would not indict. Mr.. Merrick had
explained ulat MT. W alSn procured relSSpln-
bling of the grand jury to be indicated, and the
present Indictment was the result. To get teSti-
mOny against Dorsey and Brady, Mr.. Kellogg was
indicted. All that was done to get testimony
against others II was extraordinary case.
REMARKS OF THE COURT
The court said the present application was for
fixing a day. The government claims that the
court ought not to fix day, and in this connection
the court read from Cooley on Constitutional Limit
atiOns. He understood that defendant would admit
that Walsh would swear to certain facts.
MIR. IngersOlL-We will admit that he will so
swear.
The Court.-That is all the government could get
This case 1t seemed to him. ought to be brought to
trial. This Indictment was found after two indict-
ments had been ignored. There had been a de-
muTrer. motion to quaSh decided In July last, the
diatOry motions being out OF the way then. The
case passed through various stages until the pre-
sent term. The governments witness, Walsh, is
Still not found We hear OF him, his letters appear
In print and he sends the court his productions,
but still he cannot be found. Yet the charac-
ter OF the productions he must be not far Off
MT Ingersoll-How do you know he writes
them?
THE TRIAL FIXED FOR April. 21ST.
The Court know his handwriting But he
can't be found by the officers OF the court. COM
mittee OF the House OF Representatives has had its
officers In search Of him, and they can't find him.
The question now is, after the offer OF Col.
IngerSoll: VIII the court allow the indict-
ment to float along Indefinitely? And it
appeared that it would be proper for him to
fix a day. The district attorney said that there
was so much older business on hand that this case