Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-03-26
The Case of Ex-senator Kellogg.
HIS COUNSEL ASK THAT AN EARLY DAY BE SET FOR
ITS TRIAL.

The Case Of Ex-senator Kellogg.
HIS COUNSEL ASK THAT AN EARLY DAY BE SET FOR
ITS TRIAL
This morning, In the Criminal Court Judge Wylie,
In the against W. Pitt Kellogg (formery
United States Senator and now Representative
from LouisiOna) charged with receiving brfbe In
connection with star route mail contracts, Mr.. Ma
thanel Wilson. OF counsel for the defense, asked
said that notice had been served upon the govern
ment tn at he would this morning take this course.
He had notified the Attorney General, the district
attorney and one OF the special counsel
THE LETTER TO THE ATTORNEY GENERAL
The letter sent by counsel for the defendant to
the Attorney General, and signed by Nathaniel
Wilson and Shellabarger & Wilson, stated that as
1t was shown by the letter OF Mr. Merrick. setting
forth that the government not ready to try the
case, that the case was under the Immediate con-
troll OF the Attorney General. they deem it their
duty to bring To his attention some considerations
which appear to them to require that peremptory
instructions be given that the case be proceeded
with without further delay. A brief history OF the
proceedings against Mr.. Kellogg is given, and 1t is
traOrdlnary efforts were made to procure this In
dictment; that 1t was obtained after two
man a,readT unSer Sy using as witness
that having been obtained it has re-
maned for nearly year untried. The efforts OF
MIR. Kellogg to get trial, and the postponement
last term account OF the claim or the govern
ment that Mr.. John A. Walsh, an Indispensable
ditiOns named by Mr.. Walsh In letter to the Pres-
dent. upon which he would appear and testify are
given at length. So far as they have been able to
has there been, any purpose the part OF the gov
ernment to comply with the conditions imposed by
Mr.. Walsh. There is no reason to suppose that
Mr.. Walsh will appear voluntarily, or that the gov
ernment Will be able to secure his attendance by
cOmpulsiOn. The letter urges the injustice OF COM
pelng the defendant TO wait until the controversy
between the government and its witness, for which
he Is In no way responsible, has been settled.
THE MOTION ENTERED BY DEFENDANT
Is as follows: snow comes the defendant by his
counsel and moves that the above entitled case be
by the court set peremptorily for trial at very
early day during the present term OF the court"
District Attorney WorthingtOn said that Mr.
Merrick was the special counsel who had charge OF
the case and he was Ill In bed. but he would be
out by Saturday. He had received a note to that
effect, and he suggested that the case go over TILL
Saturday.
term the government had had the case set down
for the first day Of this term but 1t had not been
called up.
Mr. Worthington said that he understood that
Mr. Wilson would not object to the motion going
over.
MIR. Wilson said he would not object, under the
circumstances, to this course.
The COurt.-The motion will then go over.
MI Wilson remarked that the court had inad-
at this time 1t was set for the first Tuesday in
the December term, and at the request OF the gov
ernment was continued to this term
The court said he remembered that some such
action had been taken.
MR.. wALsH's LETTER TO THE PRESIDENT.
Mr.. John A. Walsh has written letter to the
President. criticising the methods OF the Depart
ment OF Justice, stating that he had not been sub
pRnaed as witness in the Kellogg case, calling
attention to the conditions named by him In his
letter to the President last November, and con-
cluding with an expression OF the hope that the
President would acquiesce In the requests made in
that letter.
Mr.. Springer, chairman OF the committee investi-
eating the star route trials has received long
Walsh hp
methods OF the counsel employed In the prosecu-
ttOn of the cases