Savannah morning news. [volume] (Savannah) 1868-1887, 1884-04-30
KELLOGG'S TRIAL BEGUN.
INGERSOLL AND KER START
OFF WITH A LITTLE TILT.

The Number of Challenges the Cause,
but a Jury Secured Notwithstanding
Mr.. Ker Opens for the Government
Inspector Woodward the First Wit
ness.
WASHINGTON, April o. In the Crimi-
nal Court to-day, Justice Wylie presiding,
the case of the United States against
William Pitt Kellogg was called. Mr..
Kellogg is charged with having received
money whilst United States Senator for
services rendered in relation to a contract
with the United States in violation of Sec
tion 1882 of the Revised Statutes.
The government witnesses before the grand
jury were John A. Walsh, James B. Price
Joseph Cochran and }. w. Brady. The con-
tracts in question are for the performance by
James b. Price of mad service upon star
routes No. 81, l4S, from san Antonio to Corpus
Christi, and No. 80, 1888, from Monroe, La, to
Shreveport. and Mr.. Kellogg is charged with
having received from Contractor Price notes
and drafts in consideration of influencing
Thomas j. Brady, Seconq Assistant Postmas-
ter General, to make certain orders for the
expedition of the service ON those routes. re-
sulting in n large increase of the contractors
pay. Mr.. Kellogg was present at the opening
with his counsel, Hon. Robert IngersOll, Jere
Wilson and Nathaniel Wilson. Ex-Second
Assistant Postmaster General Thomas j.
Brady was also present The government
was represented by Mr.. Ker of PHILADELPHIA
Samuel Reynolds of Lancaster, Pa, and Dis
trict Attorney WOrthingtOn. After a short
delay the court ordered the jury to be called.
The first name called met with no re-
pOnse, and Col. Ingersoll Immediately made
the point that the panel should be complete
before proceeding, but he was Overruled. The
call being completed, the question was raised
as to the number OF challenges to be allowed
the defense. The District Attorney held that
the government was entitled to three and the
defense to four challenges. Col. Ingersoll
maintained that the defense was entitled to
ten challenges, as the offense charged was
felony. Judge Wylie did not so regard the in
dictment, and decided that the defense
should have four challenges. The govern
ment then challenged peremptorily three
members of the panel. The defense chal-
lenged two members. The jury was then COM
pleted, and Mr.. Ker opened the case for the
government.
Mr.. ker's opening occupied only about half
an hour ana was simple recital of the ale
cations contained in the Indictment. The
defense reserved their opening, and the taking
of testimony was begun. Inspector Wood
ward was placed on the stand and questioned
in relation to certain papers, but his eXamina-
ton was somewhat curtailed by the court,
who remarked that its time was too precious
to be wasted in trifles.
Il am not going to make star route business
OF this case" said Judge Wylie. 81 received
lesson during the other case that shall never
forget"
Taking his cue from this remark the District
Attorney proceeded to give brief statement Of
the contents of number of long written con-
tracts and other papers instead of reading
tnem IN full: The government called James
=. Price. His examination was cOnductedby
District Attorney Worthington. Mr..
Price said that he resided in
jefferson City, Missouri, and had
carried the mails for thirty years. He had
known Mr.. Kellogg for fifteen years, and was
stopping at the Riggs House in this city in
July, 1879. He had conversation at Viii
lard's with Mr.; Kellogg in regard to petitions
give him $4,000 if he would get orders for the
expedition named. Mr.. Kellogg said that he
would see about it. A few days afterward
Mr.. Kellogg told him that he thought it would
be all right, that the petitions would be granted
and expedition orders made. The orders
were soon forthcoming and the witness gave
Mr.. Kellogg five drafts and a
promissory note. aggregating $20.OOO The
note was produced and identified, as were
five drafts. The District Attorney directed
attention to the Endorsement upon the papers
by Mr.. Walsh The witness said that Mr..
W alsh's Endorsement was not upon them
when he gave them to Mr.. Kellogg. The note
was read. 1t was drawn by Mr.. Price, to his
own order, for $4,000 and was dated July l6,
1873. The drafts were also read. They were
five in number, for $4,000 each, indorsed by
Messrs. Price and Walsh. In explanation Of
the fact that the drafts were dated July I6
1879, while the orders of expedition were not
that it would take a day or two
to get the drafts certified, and he wished to
have them ready for Mr.. Kellogg when the
orders were made. The witness had nothing
more to do with the drafts after giving them to
Mr.. Kellogg, and paid the note at maturity
Ihe witness next conversation with Mr.. Kel-
logg was some time in 1851, after the newspa-
pers got hold of all this stuff, and Mr.. Kel-
logg told him in substance that there was
nothing in the whole matter, and that it WOuld
an END In smoke. Mr.. Kellogg also said that
he had given drafts to Mr.. Walsh, and that
he had received no money from
him (Walsh.l At another interview
Mr.. Kellogg said that he had gotten $2, POO
from Mr.. Walsh, and that Gen. Brady had
gotten the money, or something of that kind.
The witness did not concern himself about 1t.
1t did not interest him, and his recollection of
the interview was not distinct. The witness
said that he met Mr.. Kellogg with his cOun-
sci, Jere Wilson, in the latter part of Decem-
Der, 1881, in Philadelphia. They talked over
the star route matters generally, and of this
case in particular. Mr. Kellogg reiterated his
prediction that it would all end in smoke. and
SAID that If any trouble grew out of it
he (hellOggl would furnish the counsel. The
witness had no personal knowledge of how
the money represented by the drafts was col
lected, or what became of iG. Before proceed
ing with the cross examination, Nathaniel
Wilson made a motion to strike out all of Mr.
Prices testimony. He based the motion upon
the fact that the witness had not testified that
he paid Mr.. Kellogg 81, 800 in lawful money,
upon ulnerent occasions, as set out in the in
Uctment. The defense desire to argue the
question at length. Judge Wylie said that he
WOulu not entertain the motion until the cross
examination had been completed. The court
then adjourned.