The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-05-02
"Details of the Proceedines,

To the Western Associated Press.
WASHINGTON, May I'm the Criminal Court
to-day, Judge Wylie delivered his decision upon
the motion by defense to reject Prices testimony,
and all evidence relating to orders for expedition
upon his routes. He said the Indictment
charged a statutory offense, violation of sec
ton 1882, Revised Statutes. 1t was not strictly
case of bribery, but one provided for by that
section, which forbade any senator, directly or
indirectly, from receiving any compensation for
services in relation to any government con-
tract. Briefly summing up the evidence al
ready given, Judge Wylie referred to the
count of the Indictment charging that Kellogg
had received $l5, 900 from Price at different
dates, beginning with April 10, 1880 That would
bring the offense within the three years limit
imposed by the statute of limitations. If Price
testified before the grand jury as he did here,
then the indictment gave d wrong date, for the
bribery took place April 10, 1879, and the prose-
cution was barred No doubt the prosecution
knew it was necessary to have date that would
bring it within the three years limit A defend
ant never is required to plead the statute of
limitation in a criminal case. He simply could
not be prosecuted If the offense charged was
really committed on April 10, 1870 it was the
duty of the court to say it was Impossible to con-
Wet him.
The court reviewed the testimony of Price,
date upon which the statute of limitations be-
gan to run. The note and orders were accepted
for what they were worth. The risk of payment
was taken by Kellogg, and there was no liability
on Price. The business was settled, services
were rendered, and here is your pay-your pay
for the orders. The date must be taken as of
April 10, 1879 There could be no doubt about
that. 1t was too clear to require discussion"
The next question was whether the evidence
sustained the charge of the Indictment that de-
fendant had received $15, 900 lawful money. The
court held it did not, and decided that Prices
evidence must be excluded.
After short consultation Mr. Reynolds ex-
pressed his disappointment that the motion had
been sustained As the government understood
it, the court held that the offense was barred by
the statute of limitations. There was, therefore,
nothing for the prosecution to do but submit the
case to court
Judge Wylie, turning to the Jury, said "Gen-
tlemen, this defendant is entitled to your YER
dict" The foreman rose, and in answer TO the
clerks inquiry responded, Not guilty"
Kellogg and his counsel left the courtroom
AS they filed through the doorway the district
attorney said he desired to enter a nolle pros as
to Price in the Indictment wherein he is charged
with conspiracy with Thomas j. Brady. This
course was taken in fulfllment of the promise
that Price would not be prosecuted if he told the
truth.
Judge Wylie-'I have no doubt he told the
truth and that you are doing right,
In conversation with reporter after adjourn
ment the district attorney declined to express an
opinion upon the question whether or not the
nolle pros. entered in Prices case would operate
to protect Brady from prosecution, but such
seemed to be the general impression among
lawyers, Mr.. Ker expressed his disgust with
the methods of administering Justice in this Dis
trict. He was almost sorry he had not given the
name of Kelloggs friend referred to yesterday,
who had asked to have the dates placed in the
Indictment.
Who was it," inquired the reporter Geo
Bliss, was the answer.