Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-03
NO CASE AGAINST HEATH.
Statement of Assistant Attorney Gen
eral Robb q senate Committee.

In the meeting Of The Senate committee on
post offices yesterday after The Stars re-
port closed. Assistant Attorney General
Robb stated that what he intended to say
regarding the evidence against Perry s.
Heath in the postal investigation was that
If the evidence had warranted the indict
ment of Heath he would have been glad to
see him take his medicine" on account of
the high position he CHeath) held. Robb
also pointed out that in a public document
presented to thefSenate by Senator Hale it
was shown that Mr.. Robb expressed the
opinion that only a suspicion lay against
Heath. and that there was not sufficient
evidence to warrant an indictment.
Senators Culberson and Clay strongly OBJ
jected to the proposition to strike the state
ment made by Mr.. Robb from the record,
and Senator Clay said he was going to bring
the matter up in the Senate. but Chairman
Penrose ruled that it was a committee mat
ter which should not go into the Senate.
Senator Scott insisted that Mr.. Robb came
before the committee as representative
of the Post Office Department to explain the
provisions of the anti-lottery Dill, that all
reference to the post office investigation
was irrelevant and had no place in the
hearing
Senator Clay moved to favorably report a
resolution introduced some time ago by
Senator Penrose calling for congressional
investigation of the Post Off1ce department.
On this motion the four democrats present
and Senator Penrose voted aye and five
republicans in the negative. Senator Pen
rose again put the motion, and all OF the
republicans except Chairman Penrose with
drew, breaking the quorum.
Some republicans were absent on other
committee duty. .
In connection with the Heath matter II
will be recalled that the evidence III any
way connecting him with the post ONCE
irregularities was fully exploited IN Bits
tows report and was laid before the graho
jury, which, after a careful conslueralio!i,
refused to make an Indictment, ana inns
refusal was accentuated by positive state
ments from the district attorney VINO was
upheld by the Department OF Jus.lce, 'n "a,
the evidence was utterly insuhieieh' va
which to base the Indictment . 49,,
The interruption of Senator Scott IN the
middle of the sentence Delle spoheh ~
Attorney General Robb placed the la.I '
gentleman in the position of saying that ne
would have been glad to have seen Perry
Heath take his medicine.
This in itself sounded very unlike the
feeling that was supposed by some 10 eH-
ist in the Post Office Department regard
ing the late first assistant postmaster
general. it being held that the depart
ment wished to shield him.
This seemed to be the impression of some
of the members of the committee peioIe
ha was asked if he understood that the
department wished to shield Perry Heath
he replied in the words that have oeen
quoted But what he meant to say was
that. owing to high position helo D! MI,
Heath in the department he Would IT.
been glad, If the evidence adducei n3'
warranted an indictment. to nave seen MI
Heath prosecuted and convicted.
In addition to this he said. later that ne
was now and had always been of the opin-
ion that there was nothing in the evidence
to warrant an indictment: that the grand
Jury thought so. and that there was no
cause for a misunderstanding OF the an
swer he had made TO senator Cuip sot
when he was interrupted by Senator Scott
He said he did not see ANYTHING In the
evidence showing Heath guilty. that the
statute of limitations had nothing to 90
with the case. and that. therefore, he could
not have wished to see him take his medl-
cine for any illegal acts of which he was
iunOcent. -