Savannah morning news. [volume] (Savannah) 1868-1887, 1884-05-01
KELLOGG'S TRIALAFARCE
THE CASE OF THE PROSECUTION
TO COLLAPSE TODAY.

Many Vulnerable Points Found In the
Plan of Attack Outlined by the Gov
ernment's COunseI-The Statute of
Limitations Overlooked by Ker-Dates
on Which the Government was Yav
Out of the Way.
WASHINGTON, April 30.-Itis believed
in legal circles here tonight that the
Kellogg trial will likely be brought to an
abrupt termination tomorrow. Judge
Wilson, Mr.. Kellogg's leading attorney,
says that four points were made against
the case to-day, any one Of which would
ruin it. Two relate to the date which
nullify the indictment, one shows the
statute of limitations to haYe run out, and
the fourth disproves any conspiracy be-
tween Messrs. Kellogg and Brady. Mr.
Reynolds, attorney for the government,
said this evening that when he arrived
here last Monday and looked over the
points of law to be presented by the gov
ernment that he told his colleague, Mr..
Ker, that there were two discrel. --hcies in
dates which were matters OF fact, and
would not admit of argument.
PROCEEDINGS OF THE TRIAL.
The Kellogg trial was resumed this
morning in the Criminal Court. Judge
Wylie took occasion to admonlsh jurors
to pay no attention to public opinion, but
to try the case in the ordinary way. The
court sometimes encountered public
opinion, but it generally came out right in
the end. This case would be tried as if
there was no public at all. Witness
Price was then called to the stand for
cross-eXaminatiOn. Jere Wilson then be-
gan the crOss-eXamination. The witness
was aware of the fact when he appeared
before the grand jury that two or three
efforts had been made to indict the de-
fendant and the witness himself was then
under Indictment.
Mr.. Wilson-''Were you promised i'm
munity If you went before the grand jury
and testified before this cOurtw
Mr.. Price-"PersOnally 1 was not NV
friends have given me assurance that if l
came forward and testified to the facts,
immunity would be granted me-"
Mr.. Wllson-"Are you relying upon
that?"
Mr.. Price-'.You can draw your own
inference"
The witness said that he knew of no
paper embodying promise of immunity
in the event Of his testifying in this case.
Nothing new was brought out upon the
redirect examination except that the wit
ness continued to act as a contractor on
the Corpus Christi route until the last
draft became due and that the $4,000 rep
resented by each draft had been deducted
from his quarterly pay. He did not agree
to pay Mr.. Kellogg in any other way than
through drafts and did not feel under OBJ
legations to pay him otherwise, if he could
not collect the draft.
PRICES TESTIMONY ATTACKED.
Col. Ingersou then moved to exclude
Mr.. Prices testimony and the testimony
as to the expedition Of orders, and pro-
ceeded to make the argument thereon.
AS the basis for the motion to exclude the
testimony he read an order by President
Hayes designating the officers who should
discharge the duties of Postmaster Gen
eral in the absence of that officer. He
maintained that an officer acting as Post
master General could not at the same
time discharge the duties of Second AS
sistant Postmaster General. The defense
assert that the journal Of the department
indicates that Gen. Brady was acting as
Postmaster General under that order on
the date when Mr.. French, acting as
Second Assistant Postmaster General,
made orders for expedition on Mr.. Prices
routes, fact not in accordance with
the Indictment. The court interrupted to
remark that the point was one of fact
rather than law; that in this matter the
facts were more troublesome than the
questions of law to the defense, it ap-
peared to the court. Col. Ingersoll main-
tanned that Mr.. French made 81 technical
order for the expedition set oui in the in
dictment to sustain the allegations of the
indictment that Mr.. Price paid Mr.. KeI-
lOgg in lawful money. The government
had Mr.. Prices testimony that he gave
Mr.. Kellogg drafts and promissory note.
Could prOmissOry note or postal draft
be considered lawful money? He believed
not. Certainly not more so than a span of
horses or other property. 1t was
the Indictment of what the compensation
consisted and who gave it to the defend
ant. Nathaniel Wilson also made an
argument in support of the motion, the
burden of which was that the government
had laid a fictitious date for au alleged
otfense, with the clear purpose of avoiding
the operations of the statute of limitations
and that their own witness had given
date differing from that specified in their
Indictment.