The Evening critic., 1884-03-26
CONGRESSMAN KELLoGG's CASE.

CONGRESSMAN KELLoGG'S CASE.
His Counsel Ask TO Have Day
Set for tho TrjnI-A Letter 90 the
Attorney.GeneraI.
In conformity with notice previously
given, the counsel in the case Of Hon.
William Pitt Kellogg, charged with receiv-
ing bribc, came into the Criminal Court
this morning for the purpose Of consider
ing the motion to have day set for trial.
Mr.. Nat Wilson appeared for Mr.. Kellogg
and Mr.. Worthington for the Government.
The following communication, which he
been addressed to the Attorney C eneral,
was read
MARCH %, 1884.
Hon. Betjdmin II. BTeirStey, attorney. General;
SIR: We are, as you are aware counsel for
MIR. william =, Kellogg, indicted In this Dis.
trict in April OF last year for receiving or
agreeing TO receive, while n Senator OF the
United States, compensation for services al
legged to have been rendered before Depart
ment or officer OF the Government In matter
in which tho United States was Interested.
We have recently received q communication
20 copy thereof being hereto attached) signed
by Richard Il. Merrlck, esq, Special Assistant
Attorney.General from which we learn that
the Government is not now ready to try Mr..
Kellogg, and that 1t cannot designate any day
on which IL Will be ready.
Notwithstanding the fact that the nodnca-
tton referred TO appears on Its face TO have
been given by your direction, we can not aud
do not suppose that 1t has ever boon your pur.
pose to permit tho Indictment against Mr..
Kellogg TO remain for an indennite period
pending and untrled.
Inasmuch, however, as 1t Is shown by Mr..
Merrick's communication that the conduct OF
tho case is under your immediate control, wep
feel II 10 be our duty TO bring directly 70 your
attention some considerations which appear
to us to require that poromptory directions bo
Biveu by you that the case be proceeded with
without further delay.
Two years have gone by since tho prosecu.
tion against Mr.. Kellogg was set on foot.
The charges against him wore first consider.
ed by tho grand Jury OF this District at the
March term, 1882, OF tho Criminal Court but
the evidence produced was not considered
sufIlcient to justify tho finding OF an indlct-
ment.
The next grand jury was convened In June,
1882. After few days It was adjourned to
the following october, but In July It was hast
lily reconvcned, at the request OF special cOun-
eel for the Government, for the express pur
pose OF investigating the ofrenses charged
against Mr.. Kellogg.
eral days, this grand Jury, composed OF citl-
zens OF Washington OF the very highest char
ecter, refused to ind an indictment.
In December, 1882, another grand Jury as
sembled, but for some reason the case was not
brought to their attention.
The Government having failed to obtain an
Indictment against Mr.. Kellogg on the testl-
mony OF Mr.. Walsh, upon the recommendation
OF itR special counsel determined, as we are
informed, to accept and use Mr.. Price. large
mail contractor, as witness against AIR. Kel-
logg, although MIR. Price was already under an
Indictment found at tho Jure term, 1882, for
conspiring to defraud the Government;
| Walsh and Mr.. Price testified before the grand
| 1uiy, the examination being conducted by Mr..
Kcr.
on tho 27th OF March a presentment was
| found, and on the 18th dPy Of April, 1883, the
| Indictment was flled.
1t thus appears, and II Is n matter OF public
|
| mado TO procure this Indictment; that It was
| obtained, after two unsuccessful efforts, by
using as q witness man already under In
dictment, and that having been so obtained 1t
has remained for nearly year untried.
At the next term OF the Criminal Court, on
the first day on which his presence wns ro.
quired, Mr.. Kellogg was present.
From that time TO tho present moment he
has not asked one days delay, but has con-
stantly and strenuously urged that his case
be brought to a final Issue at the earliest prac-
ticable moment.
At the juno term, 1898, the case was set by
tho Court peremptorlly for trial on the 10th
day OF last December.
When the designated day arrived Mr.. Kel-
logg was present with his counsel and with
great expense, from distant places, and do.
clared himself ready for trial. He was pre-
pared for and expected an Immediate trial,
having received no intimatlon from tho coun-
sci Tor the Government that any delay was an
ticipated.
1t was then announced that in consequence
n.
| eaid TO be a material and Indispensable wit
ness, the prosecution could not proceed.
The special counsel for the Government OBJ
| 1ected TO the continuance OF the case to the
next term, but asked Its postponement from
| day to-day until the attendance OF the missing
| witness could be obtained.
On behalf of the defendant 1t was asked that
| tho trial be proceeded with at once, or at some
very early day to be fixed by the Court.
The Court refused TO postpone the case In
definitely, as requested by the counsel for the
Government, and continued 1t to tho present
| term.
in explanation OF the failure Of tho prosecu-
| tion TO be prepared for trial on the day flXed
| by the Court, the anldavits OF the special coun-
| sci for the Government were read to show that
due diligence had been used TO procure the
| attendance of Mr.. Walsh.
A letter from Mr.. Walsh, directed to the
| President, was read and placed on file at tho
same time with the aflidayits, In which he
| stated, with the utmost plainness, that the
| Government had treated him with injustice,
and that 1t was not his intention to appear as
witness for the Government unless certain
conditions which he prescribed were first COM
Mr. waIsh's Conditions.
His conditions were as follows:
| "Flrst-Mr. Merrick or Mr.. Ker TO appear
before the grand Jury OF the District OF Colum
bia, with the view OF procuril G indictments
against Mr.. Dickson for slander, and against
George O. Gorham, OF tho National Republican,
and <. @. Buell., Of THE CRITIC, for criminGliy
libelling me in the matter OF the Brewer
claim.
| 'peCOuu-Iudt you roQuebt AllOIney-Geu
eral Brewster TO answer my letter of inquiry
addressed to him, OF date September 25
| 1883, touching letter written by him to thS
Secretary OF the Navy concerning me.
"Third--Your assurance that the Govern
ment will protect me as witness. / do mo-
mean physically, es can do that myself.
mean that protection from slander and llbe
which the law entities me TO as witness.
"Fourth-The assurance that Mr.. Georgt
Bliss VIII not represent the Government IN its
action against Thomas j. Brady and Williou
p. Kellogg"
So far as We have been able to ascertain ther
| is not now, nor has there been, any purpos
| on the part of the Government to comply witt
| the conditions imposed by Mr.. Walsh.
| There is no reason to suppose, therefore
that Mr.. Walsh will appear voluntarily as
witness.
There is no new reason to suppose that tn
Government Will be able TO secure hls attend
ance by compulsion.
The Government does not appear to know
whore he is; and we learn from the publ
prints that recent effolis TO serve him viii
process have not been successful.
Under these circumstances, what should b
done?
Must the defendant walt until the contro
yersy between the Government and Its witness
for which he is In no way responsible, ha
| been settled2
Must no remain month after month an
term after term, accused OF crime, but denie'
i trial because of the absence of o witness 20
the prosecution?
Unreasonable delay may work irreparabl
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