National Republican. (Washington City (D.C.)) 1872-1888, 1884-05-02
KELLOGG ACQUITTED.
Judge wylie Decides That There is no
Case Against tho Ex-senator.


Curiosity drew large crowd to tho Grim
inal court room yesterday morning. 1t was
known that the argument had been concluded
on the motion to strike out the testimony of
James b. Price, witness in the case against
William Pitt Kellogg. II remained with the
judge to decide whether or not the case
should progress or be thrown out OF court.
1t was only five minutes past 10 o'clock
when Judge Wylie took his seat upon tho
bench. At this time all tho available space
in the room was occupied, and there wero
many persons at tho doors struggling TO gain
admittance or get within hearing of the
judges voice.
Judge Wylie proceeded ut once TO deliver
his opinion and pronounce his decision on tho
motion. He had no notes, but spoke clearly
and with marked deliberation. lie said it
was motion to strike out the testimony of
the witness Price. II was not usual that n
motion of this kind should be entertained by
the court in the middle of trial, and this
one would not have been entertained but for
two reasons. One was that whom Price was
called counsel for the dofonso gave notice
that after hearing the evidence they should
reserve tho right to strike the testimony out.
Tho second reason was that the coun-
sol for the government admitted that
their whole case depended on the testimony
of tho witness Price. Tho judge then cited
tuo btaluto upOn WHICH tne luulCtlucnb was
founded, and proceeded to discuss the counts
on the Indictment which, after setting out
the making Of the orders in 1879, went on to
say that the drafts were paid in 1880 and
1881. Tho testimony of Price, no said, was
that he gave tho drafts and wrote to Kellogg
in July, 1870, and that was tho only transac-
ton between them. The statute declared
three years had expired aftor the commission
OF crimo was complete. If the otfonse
charged in the Indictment, or any of the
counts, was committed on July, Is, 1879, twas
the duty of tho court to tell the jury that
there could not BIO q conviction, and it was
barred by the statute of limitation.
The judge thought that the correct view Of
the case was to calculate the date Of the
statute Of limitation from July 16, 1879
The next question was whether tho evidence
sustained tho indictment that Kellogg re.
ceived 81, 500 in lawful money Of the United
States. Price had testified that not dollar
in money passed between him and Kellogg
The drafts and notes no said might be
moneys worth, but they were not money
For these reasons, therefore, he should grant
the motion to exclude tho testimony of Price
Mr.. Reynolds, after n brief consultation
with his associates, said the government
| could not refrain from expressing disappoint-
ment that tho court had felt constrained to
sustain the point raised. They had como tc
the conclusion to put no moro witnesses on
the stand, but leave tho matter with the
court.
Gentlemen of the jury, the defendant il
entitled TO your verdict" said the judge.
A verdict of not guilty was Immediately
returned by the foreman Of the panel.
Mr.. Kellogg was grasped by the hand, and
for awhile was busy receiving the congratu'
lations of his friends.
District Attorney Worthington, after order
was regained called the attention of the
court to tho indictment against James b
Price and Thomas J. Brady, charged with
conspiracy to defraud the United States
circumstances growing out of the Same casC
for which Mr.. kellogg was tried, and asked
that nolle pros. be entered as to Mr.. Price
He said that it had beon promised in cas-,
Mr.. Price went on tho stand and testified t,
the truth, and he believed that tho gentle
man had done so.
Judge Wylie said that no had no doubt bu
Price had told tho whole truth in the matter
1t was only right that the order should b
made, and he directed tho clerk to mako tn
entry. The court then adjourned.