New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-02
THE KELLOGG TRIAL ENDED.
THE PROSECUTION BARRED BY THE STATUTE OF
LIMITATIONS.


LIMITATIONS.
WASHINGTON, May LIN the trial of ex-
Senator Kellogg to-day, Judge wye decided the motions
by the defence reject Prices testimony and all evidence
relating the orders for expedition upon his routes
Summing up the evidence Judge Wylie referred to the
counts OF the indictment charging that kellogg had re-
ceiyed 81 500 from Price different dates beginning
April 70, 1850 II the allegations were true that the
fret payment April 10, 1850, it would bring the
offence within the three years limit Price esthed Dc
fore the Grand Jury he did here then the indictment
the wrong date for the bribery took place on April
10, 1879, and the prosecution was barred III tne
offence charged really committed on April w. 1879
It was the duty OF the court 10 say that II was
Impossible convict the defendant Prices testimony
effect that ne proposed TO pay Kellogg S2ooo
provided the expedition order was made re" Gays
after that order made and the 18th of April 1879
gave kellogg his promssory note at four months
for S. 600 and the postal drafts These orders we're
payable OF certain quarters Ihey were
not given as collateral but in absolute payment for
services and Price said that ended the whole business
What the true date upon which the statute OF mita
tions began ni The Court thought that the correct
view OF the matter would be to place the date at April
10 1879. There could be doubt about that; 1t was
too clear TO require discussion The next question was
whether the evidence sustained the charge OF the indic
ment that the defendant had received $500 lawful
money. Prices evidence that not dollar passed
note passed and these ORDERS but the note cOuu lot
he regarded lawful money and nueh less could these
meet the charge that he had received $1,000 in aGI
money and the prosecution had no such evidence Ihey
said however that he had received drafts and tnat te
case should proceed In equity though he had received
the money But If the Court shOud assume that GROUND
and convict this defendant he could afterward he ted
upon a charge of receiving drafts. Nothing Dut tue
statute OF limitations could protect him, ahd thaJ Wds Ot
the protection contemplated by law. For these reasohs
lie Court thought that evidence must be eXcudeo
After some remarks the counsel Tor the prosecution
Jndce wylie Informed the Jurors that the defendant was
entitled their verdict and the foreman promptly "
turned the verdict of "nOt guilty
rne DistrictAttorey entered noiie pros as 70
Mr Price in Indictment No. 1889, wherein he Is |
charged with conspiracy with Thomas j. Brady. ms |
cnnlse was taken In fuhnent OF promise thar Price
would moi be prosecuted II he told the truth.
Alter adjournment, the District Attorney dethhed 10
express an opinion whether not the poe pros entered
IN PFoe ease would operate 10 protect Brady out sch
the general impression among te It"leIs'
Mr. kcr expressed his disgust with The neih9s OF az
r1jDscrirg Justice the District He said Kellogg was
surrounded by many influences to he convicted mere
He was almost that he had not given the name OF
Kelors friend referred yesterday VINO had asked 10
have the dates placed IA the indictment
who was IL !" quericd the reporter.
George Bliss" was the answer