Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-04-30
THE KELLOGG TRIAL.
Judge Wylie ON Public OpinlOm-Price
CrO00-EXamine0-Olh TeOtimOny.

After THE STARS report OF the trial OF ex-senator
Kellogg, indicted for receiving remuneration while
United States senator closed yesterday, Mr.. John
B. Price continued on the stand
MI. Price said that Kellogg told him In 1881 that
he had given the postal drafts which witness had
turned over TO him TO Walsh and had received no
money from Walsh. At another Interview kellogg
said that he had gotten g. zoo from Walsh and
that Brady had gotten the money, or something OF
Mr. Nat Wilson made a motion to strike out all
OF Prices testimony, on the ground that he had nos
paid Mr. Kellogg 81 500 In lawful money upon
different occasions as set out in the Indictment
Judge Wylie said he would not entertain tho
motion until the cross-examination was finished
JUDGE wYLIE's OPENING REMARKS TO-DAY ON rHD
DUTY OF THE COURT AND PUBLIC OPINION.
When the court met this morning Judge wyna.
proceeding with the trial. called attention 20 tho
report In morning paper, which he said did nos
correctly represent what the court had said re-
garding the useless expenditure OF time In ap-
preaching the proof OF an undisputed fact
IL think" said Judge WyIe, "that IL Is the duty
OF the court and jury try every case brought be.
fore II In the orderly ways OF the administration or
justice without regard TO the great public large
We should Try this case, II we can, though there
was no public at all-no public but the court and
jury and The counsel I'm the case. We do not care
about public opinion at ALL We are sworn TO Try ft
and perform all our duties In the court house with
out regard 20 public opinion. This court TO en-
counter public opinion very often IL viii all come
r1ght-sober second thought will always sustain it
But the newspapers generally try case before ths
court gets through. There would be less objection
TO that II they would do IL fairly" Judge Wylie
then referred 10 the Objectionable report and eau
toned the reporters 10 be more careful
THE CRoss-EXAMINATIoN OF THE WITNESS PRICE
was then begun by Mr. Jere Wilson. The witness
was unable TO nx definitely the date OF his first
interview with Kellogg, but thought IL was two or
three days before July 10th, 1879. He knew that
there had been two or three efforts made 70 indicu
Kellogg. Witness was then under Indictment hiIn-
self
Il want you to state" said Mr. Wilson, "whether
Immunity has been promised you In the event thae
you would give testimony"
friends have given me the assurance that II came
forward and testified TO the facts immunity would
'Are you relying upon that?p asked Mr.. Wilson.
"You can draw your own inference" said the
II think, J" said Judge wyne. "his answer is sat.
isfactory."
In answer to an inquiry by Mr.. Wilson, the dis.
tr1ct attorney disclaimed any intention OF raising
the question In this TO the propr1ety OF tho
expedition and Increase granted.
The witness said that he knew OF
NO PAPER EMBoDYNa A PROMISE TO HIN OF rkMU.
NIFTY.
The witness said he had not agreed to pay Kei.
logg in any other way than by the drafts The Wiz
ness was then excused from the stand.
QUESTION OF FACT, AND NOT OF Law.
Mr. Ingersoll addressed himself 70 the argument
OF motions to exclude the testimony relating 70
orders In the case signed by Mr. French as acting
testimony OF Price relating 10 the delivery Of the
postal drafts 10 Kellogg.
Judge wylie, interrupting the argument on tho
nrst point, stated that it appeared 10 him Queo-
tion or fact instead OF law as 10 whether Brady On
that day discharged any OF the functions OF his
ONCE as Second Assistant Postmaster General
Mr.. Ingersol proceeded then TO argue the point
raised regarding Prices testimony-that Il alleged
that he gave 70 Kellogg, all at one time, certain
postal drafts and a prouiSsory note, whereas the
Indictment set forth various payments OF money 6
Mr.. Nathaniel Wilson followed MI. Ingerson, and
sp oke until the recess was taken
ARGUMENTS AFTER RECESS ON FONTS RAnRD ~
THE DEFENsE
After the recess, Judge wyle remarked: "If the
statement OF facts made by Price was the govern
ments case-n they did not expect to produce
other evidence to sustain the indictment &C
variance with that OF Price-they might as well
make up the issue on this motion and discuss IT.
Mr.. Reynolds stated that the government had no
other evidence touching the question OF giving the
contend, however, that the ofIense was not con
summated when these drafts were given Ho
regarded as money that the ofiense would b
barred by the statute OF limitations
Judge Wyle suggested that IL would Be beo
took the moor TO reply TO the points raised BY Tho
Mr. Ker argued at considerable length that the
onense was not consummated until the money was
paid on the drafts The dates given IN the ind1ct.
me1s were Tee sd Gases 10 on .d ~cn 1, ,ne w
Indictment because q near and dear friend OF Nf.
Kellogg asked MIN as special favar 70 put ths
Mr. Ingerson closed the argument he fnsisesa
that the case was dead-bared BY The statue g
limitation.
rHE COURT 10 DECIDE To-NoRRow noRNrHa
Judge Wyiie said he would consider the Quest1oo
over night and announce his decision In the mon.
ing. The court was then adjourned
The Spanish Consul General Guanez oencsany
denies that apy proposition has heen Ynads 70 -