Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-05-09
THE KELLOGG PROSECUTION.
An Interview With Attorney General
brewster

0I0VS3eI0
BE EXPLAINS AND JUSTIFIES THE COURSE OF THE
DEPARTMENT OF JUSTICE, AND ANSWERS A CHARG &
MIssAL OF THE CAsE-URGENr EFFORTS MADE TO
INDUCE THE ATTORNEY GENERAL TO DEsIsT FROM
THE PROSECUTION, ETC.
"A few days ago you printed In THE STAR an
extract from New York paper" said Attorney
General Brewster to STAR representative, (which
charges the department with connivtng for the
dismissal OF the Kellogg case. Now that is unjust
and untrue, and I shall be glad when the facts In
the matter are brought to light, which viii prove
duty iQ this case. from the day that Mr.. Kellogg
came into my Office wringing his hands
CRYING LIKE A CHILD,
and claiming that his prosecution was Infamous,
that Mr. Merrick was bounding him through per-
sonal enmity. Ididnt know then that there were
any proceedings against him, but assured him
that he should not be prosecuted on any personal
grounds subsequently saw Mr.. Bliss about the
matter. upon his representation that he (Bliss)
was the active one, and that Mr. Merrick had moth
ing to do with 1t, gave directions that Mr.. Kel-
logg should be prosecuted the same as anybody
else, without fear or favor, and without any ele-
ment OF personal prosecution Now see what fol-
lowed. I have been told, and now believe that
there was undue haste In preparing and present
ing the case against MI. Kellogg, and that 1t was
presented In such shape as to be entirely rejected
by the grand jury In the first instance and in con-
sequence Of which the second grand jury, who had
@ been "a adjourned, y 1., was again convened at the
ION whose part was the undue haste?" asked the
reporter
eral, "that MIR. Bliss was extremely anxious to
finish with the case and urged its immediate pre-
sentation. but in any event no presentment was
made. Mr. Walsh then left and could not be found. "
WALSH AND BLISS.
ssWhy did he disappsar?" asked the reporter:
~ don't know Of my own knowledge" said the
Attorney General. "Mr. Walsh says 1t was because
80 long as Mr. Bliss was in the case he was satisfied
that there would be no honest attempt to convict
and himself slandered, and he did not care to ap-
pear any longer as an instrument for lnsncere men,
He was made to believe, too, by somebody that was
hostile to him, which was not so, for didn't know
him At any rate, when he learned that Mr. Bliss
was no longer In the case and received word from
me that his presence was necessary, he came with
avoid process But to go back. At the time the
grand jury refused to present 1t was stated that
Kellogg received compensation as Senator in vio-
laton OF law on certain date, July 18th, 1879 Be-
fore third grand Jury could be convened the stat
ute OF limitations would run against the orfense
OF receiving the notes and other securities that
the government had abandoned the case on
that score there might have been an ex-
cause @ it was charged pody that the refusal Of two
grand juries to present was deSgnedly procured by
the representatives Of the government. The gov
cution, and there was only one way to do it; that
was to present the case to another jury to test In
court the question whether the date OF the receipt
OF the compensation was the date on which the
drafts were turned over to the defendant, or
whether it was the date on which the money for
those drafts was paid him. There was no decision
on this point and 1t was duty to have 1t decided
in court The court held that the date OF the re-
ceipt Of the drafts was the day when the oflense
onense, as provedss within the provisions Of the
statute OF limitations, and the was very prop
erly dismissed Mr.. Ker was wrong when he apollo
glzed In court for the insertion OF the date Of the
payment OF the money as the time when the CON-
pensation was received. It was the proper thing
to DO and the only thing that could be done"
HIS INNOCENCE NOT PROVED.
'sThe case was dismissed" ," continued the Attor-
ney General, ''but the innocence OF the defendant
was not proved He pleaded the statute OF nmita-
tions, but not until the evidence was tn-Prces
Testimony that on certain date he paid the drafts
to Kellogg and that Kellogg subsequently con-
fesSed that he received the money for them part
it going to Brady. The court, you remember, said
publicly that he believed Mr.. Price had told the
not needed No doubt MIR. Kellogg does feel that
his innocence was not INDICATED. How could It be
when he asked the interposton OF the law to shield
him because the deed was committed so long ago
case would have proceeded as II the deed had been
committed only yesterday. He would then have
had ample opportunity to v1nd1cate his innocence
am remarked upon On both sides for my course In
this matter; by ignorant people, whoIdon't know
what they are talking about, for not doing my
do my duty. Urgent efforts were made to per-
Suade me to deSiSt from the prosecution but there
was too much to be rememOered-the honor OF the
Department OF Justice but beside that the honor Of
am perfectly SATISFIED ana the people OF the United
States viii be, too, some day."