Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-06-14
THE STAR ROUTE MISTRIAL.
MIR. MERRICN,S TESTIMONY con.
TiNUED.
Foreman HutchinsOn's Explanation
Why Kellogg was not Indicted-The
Promise of Immunity to Price-Why
Mr.. Merrick and Mr. Bliss Disagreed.


MT X. t. Me rrck continued his testimony be-
lore the Springer committee this morning. Upon
taking the stand he explained that in speaking OF
the two star route juries he referred to their
average Intelligence. In this relation he would
Ike TO say that the Juries in the District were as
good generally as could be had In any other place
with relation to his statement yesterday that Mr.
Hutchinson, foreman of the grand jury must
have been mistaken when he said that Price was
expected before the grand jury, as Price was not
at that time available, he said that Mr.. Hutchn-
son called upon him last evening and convinced
hlln that ne (Merrck) was in error in making that
statement.
conversation which brought about this conclusion
Mr. Merrick said that he thought Mr. Hutchin-
son was a competent witness and might be called
to give these details
A long discussion arose upon this question. Mr.
stewart holding that the witness should not be
required to give, what he termed. 'hearsay evil
dence, and the chairman and the rest of the COM
mttee generally holding that as the question had
Deen referred to and given in part, it should be
FOREMAN HUTCHINSON EXPLAINS TO MR.. MERRICK
WHY KELLOGG WAS NOT INDICTED.
Finally, the witness, in answer to question, said
he had based his idea of Hutchinson's supposed
error upon the fact that the government counsel
did not expect Price to appear and testify before
the Hutchinson grand Jury but since his conyerSa-
tion yesterday with Hutchinson witness had be-
come satisfied that there was some expectation
that Price would appear. Witness said Hutchinson
called at his house last night and maintained that
ne tutchlnsOn) was correct in his testimony; that
the jury expected Price to supplement Walsh's
testimony. Mr.. Merrick told Hutchinson that he
must be mistaken. as it was known Price was not
available and could not appear Mr.. Merrick in
sisted to Hutchinson that the latter must have mis-
understood Bliss Hutchinson had declared that
Bliss promised the jury that Price should follow
wash IN his testimony before the grand Jury)
mistaken that Bliss did positively promise that
Price should appear after Walsh and testify before
the jury In the Kellogg case Hutchinson
Price did not appear, after it promised by Bliss
The jury did not lndict Kellogg.
Mr.. Stewart objected to the witness giving his
conversation OF last night with Hutchinson, but
the objection was overruled and Mr. Merrick gave
the above as the substance OF what passed be-
tween himself and Hutchinson. That cOnverSa-
uon satisfied witness that he was wrong yesterday
In saving Hutchinson was mistaken in testifytng
that the jury expected to have Prices testimony
Mr. Merrick, during his recital OF the Hutchinson
conversation, said his understanding with the
other counsel was that Price was not expected be-
lore the grand jury and hence his firmness in in
sistlng at first that Hutchinson must have been
mistaken in saying Bliss had promised TO produce
Price
PRICE PROMISED IMMUNITY WOULD TESTIFY
AGAINST KELLOGG.
Mr.. Merrick said he determined to get, II posi-
bic. the testimony OF Price, because he regarded a
fraud perpetrated by public official as of greater
enormity than one committed by private indi-
vidual, and he determined to use the evidence of
private individuals mixed up in the fraud to con-
vict the greater criminal Therefore, he was Will
Ing to use Price to punish Kellogg. Prices son
called upon witness and said his father wanted to
be rid or prosecution. Witness said his father could
be rid OF 1t If he would testify against Kellogg.
upon witness, and the latter said that II Price
would draw up sworn statement, setting forth all
ne knew In the case, that the accused price
should be relieved OF prosecution. Such a state
ment was made and submitted to witness, and wit
ness regarded 1t as sufficient to fasten guilt upon
kellogg. Witness showed the sworn statement OF
Price TO woodward and also to Bliss. There was
declded dlnerence between witness and Bliss as
to the policy OF accepting Price as a witness. All
these negotiations were subsequent to the refusal
OF The Hutchinson grand jury to 1ndIct Kellogg.
WITNESS AND BLISS DIFFERED RADICALLY,
asto the propriety of making Price witness against
Kellogg, and that difference was submitted to the
Attorney General. meeting of the counsel with
Cen Brewster was held at the latter's house
Bliss, ker, and Merrick were present before the
Attorney General Witness read Prices affidavit
and submitted his views urging the of Price as
witness. Bliss antagOnized these views, holding
that the statute Of limitations barred Keliogg;s
onense. Witness admitted that the statute barred
the transaction OF July, 1879, which was the dev
promtsSory note. Witness maintained that the
order for increase and expedition procured by Kel-
loggs Influence was fraudulent and at the confer
ence he replied to Bliss that though the first trans
action-the delivery OF the drafts and notes-was
barred by the statute. the collection of the drafts
the payment OF the money on them TO Kellogg was
not barred. Ker agreed with Merrck. The discus
sion was heated Bliss also objected to the affidavit
knew, and also on the ground that
Price ought to be prosecuted. Finally, the Attor-
ney General directed Woodward to obtain from
Price fuller sworn statement, and then upon this
statement, the Attorney General would decide
whether to accept Price as witness or not. Wood
ward procured another statement, and upon that
the Attorney General decided to accept Price as a
Itness r'c and SO ordered Then for the first time
then went On to correct what he said was
AN ERROR IN MR.. KER's TESTIMONY.
He said Mr. ker testified that when an Indictment
was found against Kellogg, Bliss was very indfg-
nant etc. The witness said the Attorney Generals
order to accept Price as awftness was issued While
Bliss was in New York. Next day Bliss returned
and to the counsel Bliss declared that he would
withdraw from the case II Price was accepted as a
witness. The second trial OF Brady and Dorsey
got the order, and declared he would retire from
the case. Witness and Ker went on with the case
and Bliss remained out OF it for several days.
Mr. Bliss-"You are mistaken, Mr.. Merrick. /
returned next day."
Mr. Merrick.-'I don't think can be mistaken;
but let us look at the record
The record OF the trial was hunted up and 1t
showed that Bliss did only remain one day out OF
the The day after Bliss threat witness called
on Bliss and urged him to remain in the case. Bliss
complained that he had been badly treated by the
Attorney General and the counsel: that they had
treated him with want OF consideration and cour-
tesy In passing upon the question Of Price during
his (Bliss0 absence The witness said Bliss did not
complain of the Indictment at all, but Of what he
considered lack OF consideration for him. Mr.. Mer-
rick said he begged Bliss to remain and work har-
IuUHlUuoiy Ill lltc CAST, MtTTlCk mere auQeQ
the committee that Bliss was the hardest worker
and the most efficient worker in handling volumin-
Gus papers that he (Merrck) ever saw. He urged
Bliss that he was the special representative OF the
administration and he ought not to leave the case
rashly. Bliss was overpersuaded and returned to
the case.
Mr.. Merrick said that at the conference referred
to the Attorney General declared that whoever was
shown to be guilty must be prosecuted, no matter
what their Official or social standing.
THE REPUBLICAN MAJORITY IN THE SENATE
"Was anything said as to the conviction OF Kel-
logg involving the republican majority In the Sem
ate?" asked the chairman.
Mr.. Merrick replied that he did not believe that
anything was said on that subject at the time, but
the matter was mentioned. Witness directed Ker
to go before the grand Jury, and directed him to
submit all the evidence, but not to bring In pre-
March, on which date Kellogg's senatorial term
would expire. Witness declared that, though he
intended to have e. the case presented, he never
intended to arra1gn or try Kellogg until after the
expiration OF his term, because he was satisfied
that influences would be brought to bear in Kel-
lOggs behalf as Senator that would net be exerted
as private individual. Witness said he had moth
except that OF Kellogg, and he was concerned In
the early preparation Of that case because in his
conversation with Walsh
THE KNowvEDGE'oF KELLoGG'S GUILT
came squarely to him. and he felt that he would be
guilty Of official delinquency If he did not do
all In his power to punish Kellogg. Witness sent
Ker before the grand jury In the Kellogg case be-
cause Of the hostile feeling between Bliss and
logg, Mr.. Merrick said that in his judgment it was
as good and as solid as any that ever went into q