National Republican. (Washington City (D.C.)) 1872-1888, 1884-03-27
KELLOGG'S CASE.
His COunSol's Notice to the Attorney General
Of His Demand for a Trial.
The Motion 10 he Argued Before Judge
Wylie Next Saturday.

In the criminal court yesterday the counsel
for ex-senator Kellogg called tho attention OF
Judge Wylie to the case pending against their
client and stated that they had served upon
the attorney general and tho special govern
ment counsel a notice that they would this
morning ask tho court to assign an early day
for trial. This notice to the attorney general
was accompanied by lettor which they
filed in court yesterday After some colloquy
upon a statement by District Attorney Worth
ington that the special government ooun.
sci wero unable to be present, Judge Wyli @
fixed noxt Saturday morning for the hearing
of the motion to set the case down for early
trial.
Following are the essential features of the
letter to the attorney general. 10 Is signed
by Gov. kelloggs attorneys Messrs Ma
thaniel Wilson. Robert q. Ingersoll, and Shell.
labarger & Wilson.
We are, as you are aware, counsel for Mr.
William +. Kellogg, indicted in this district
in April of last year for receiving or agree
ing to receive, while a senator of the United
States, compensation for services alleged to
have been rendered before department or
officer of the government in matter in
which the the United States was interested
We have recently received a communica =
tion 10 copy thereof being hereto attached)
signed by Richard I. herrick, ESQ.,, special
assistant attorney general, from which we
learn that tho government is not now ready
TO try Mr.. Kellogg and that it cannot desip.
nate any day on which 1t will be ready.
We feel 1t to be our duty to bring directly
TO your attention some considerations which
appear to us to require that peremptory di.
rections be given by you that the case be pro-
ceedcd with without further delay
Two years have gone by since the prose-
cution against Mr.. Kellogg was set on foot.
The charges against him were first consid.
cred by the grand jury of this district at the
March term, 1852, of the criminal court, but
the evidence produced was not considered
sufficient to juatify the finding of an indict-
ment.
The next grand jury was convened in
June, 1889. After a few days it was ad-
journed to tho following October, but in July
1t was hastily reconvened at the request of
special counsel for the government for the
express purpose of investigating tho otfenses
charged against Mr.. Kellogg After an ex-
animation which occupied several days, this
grand jury. composed Of citizens of Washing
ton of the very highest character refused to
find an indictment At tho March torn.
1883, Mr.. Walsh and Mr. Price testified before
the grand jury, the examination being con-
Quoted by Mr.. Ker.
On the twenty-seventh of March n pro-
sentiment was found, and on the eighteenth
day of April, 1883, the Indictment was filed.
IL thus appears, and it is matter of public
notoriety, that extraordinary efforts were
made to procure this indictment; that it was
obtained, after two unsuccessful efforts
by using as a witness q man already under
indictment, and that having been 50 obtained
it has remained for nearly year untred.
At the next term of the criminal court, on
the first day on which his presence was re-
quired, Dir. Kellogg was present. From that
time to the present moment he has not asked
one days delay, but has constantly and
strenuously urged that his case be brought
to final issue at the earliest practicable
moment.
At the June term, 1888, the case was set by
the court peremptorily for trial on the tenth
day of last December.
When the designated day arrived, Mr.
Kellogg was present with his counsel and
with his witnesses, some of whom had come,
Mt great expense, from distant places, and
declared himself ready for trial.
1t was then announced that in consequence
of the absence of Mr.. John A. Walsh, who
was said TO be q material and Indispensable
witness, the prosecution could not proceed.
On behalf of the defendant it was asked
that the trial be proceeded with at once, or
at some very carly day, to be fixed by the
court.
The court refused to postpone the case from
day to day, as requested by tho counsel for
the government, and continued it to the pres
ent term.
In explanation of the failure of the pros
ecution to be prepared for trial on the day
fixed by the court, the aflidavts of the special
counsel Tor the government were read to show
that due diligence had been used to procure
the attendance Of Mr.. Walsh.
A letter from Nr. Walsh, directed to tho
President, was read and placed on file at the
same time with the affidavits, in which he
stated, with the utmost plainness, that the
government had treated him with injustice,
and that it was not his intention to appear as
a witness for the government unless certain
conditions which he prescribed were first
complied with.
So far as we have been able to ascertain
there is not now, nor hiss there been, any
purpose on the part of tho government to
comply with the conditions imposed by Mr..
Walsh.
There is no reason to suppose, therefore.
that Mr.. Walsh Will appear voluntarily as q
witness.
There is no new reason to suppose that the
government will be able to secure his attend
ance by compulsion.
Must the defendant wait until the contro.
versy between the government and its wit
ness, for which he is in no way responsible,
has been settled?
uciuy WOTk lrTeparaDlB
injustice and injury to the defendant. His
justification may be ieopardized by the death
of witnesses. One of the persons whose testi-
mony would be of great importance is a con-
firmod invalid, and the disease from which
he is suffering may provo fatal at any mo-
ment.
In a word, the burden put upon the de-
fendant by the pending OF this prosecution,
and by procrastination of counsel for the
government has become intolerable; and he
asked that he be tried or that it be admitted
that he is entitled to go clear and acquitted
Of all suspicion of crime.
In view of the foregoing facts and of tho
notice to which reference, has been made we
think it incumbent on us as counsel for Mr..
Kellogg to make an application for trial to
the court in which the case is pending, and
we respectfully inform you that we will ap.
pear in the criminal court of the district, and
having informed the court of that communi.
cation to you, ask that a very early day dur
ing its present term be designated on which
the case will be called for trial and tho trial
proceeded with.
The Horticultural Society.
The Horticultural society of tho District of