Imágenes de páginas
PDF
EPUB

he pointed out several people; he pointed out a colored man on the jury that he said was in the interest of the defense, and he said he was not going to throw himself open to them. That was a peculiarity of Walsh's that we had to deal with at various times. We found when he went into court on the Dorsey trial and undertook to testify as to his money dealings with Brady that he had sued Brady, and had made claims very different from those which he testified to upon that trial as existing, different in respect to dates and in other respects. He was pressed a good deal by the defense in that case, they claiming that his whole evidence was untrue. He said that this difference of dates arose from a mistake of his lawyers. Then he had commenced attachment proceedings in New York, and the same error was found there; and finally he said that he did not tell his lawyer any more than he thought it was necessary to tell him; that that was not his way. He made this statement as to the grand jury. I heard nothing more about it at that time; but one morning I went to New York, and when I came back here and got to the court-house, Mr. Merrick said to me, "Look here, I want to see you"; and then he told me that Walsh was telling all around that I had endeavored to protect Senator Kellogg. I said to Mr. Merrick, "You know better than that. There is nothing in that"; and he replied, "That is so. But," said he, "Walsh says that he has got all this evidence, and that you did not draw it out." I said, "I never saw the evidence." ""You never saw the evidence?" said Mr. Merrick. "No, I never saw it," I answered. "I hear of it for the first time." Mr. Merrick, I see, thinks that he made the suggestion that the grand jury should be reconvened. My recollection is that I made it. However that was, I said that the grand jury must be reconvened, and we went right into court, and Mr. Merrick took the ordinary counsel seat, and I went to Judge Wylie on the bench and told him that I wanted that grand jury reconvened. I think it was in summer, and the judge was unwilling to bring them together again; but I finally told him why I wanted them reconvened, that the statement was made that I had suppressed evidence; and thereupon he reconvened the grand jury. Walsh came and was put before the grand jury. He produced more papers than he had before, and he testified in a way, as I have already stated, that if I had been on that grand jury I should have found an indictment against Kellogg. The grand jury were obviously anxious to dispose of the case that day. They knew they were there only for that case, and they wanted to get rid of it. I asked Walsh on the first day, "Have you produced all the papers you have got?" He said he had. I asked him, "Do you remember anything more that affects Senator Kellogg?" He said "No," that he did not. He was asked by somebody if he had kept any books. He said he had kept books, and that when he broke up here they were carried to Welker's. I fastened upon that as an excuse for getting an adjournment of the grand jury to see if any. thing could be found. We got the adjournment. In the mean time I had some little talk with Walsh. The next morning I went in and endeavored to probe him as thoroughly as I could to ascertain whether he knew of any papers, or of anything, that would give us any additional evidence of any kind. He said distinctly that he did not, that he could not give any additional evidence. The grand jury did not indict. His evidence before the grand jury was given in an offensive way-in a way not likely to win consideration for it-and the jury did not indict. Subsequently there was a third grand jury, and although before this previ ous grand jury Walsh has assured me that he had no other papers of

any kind, if I am correctly informed, he produced a lot more of papers which had never been seen before, which were undoubtedly Kellogg papers, and undoubtedly pertinent papers, and an indictment was ob tained. All that I have to say about it is that I did my best to get an indictment against Mr. Kellogg, and used all the evidence that was within my control or reach and all the power I could command to press the case against him.

Q. There was no delay in that case, so far as you were concerned in prosecuting it, on account of the position of Mr. Kellogg as a United States Senator?-A. No, sir.

Q. Or for any other reason?-A. No, sir. As I have already told you, before Kellogg was indicted by the third grand jury the indications were that Price would be an available witness to be used in some way. That, of course, involved the giving up of Price, if we used him as a witness, for the purpose of taking Kellogg, and I differed with the other gentlemen as to the wisdom of doing that. I assumed that we would get an indictment against Kellogg, but it did not seem to me that we would get enough evidence to convict. There was the troublesome question that I have referred to already about the statute of limitations, and on the papers and evidence we then had I thought the statute was a conclusive bar, so far as regarded anything that we had knowledge of. After Price was indicted I said that we had better hold on to him; that there was reason to believe Price was concerned in a good many other schemes, and that we had better not let go of one man until we got a firm hold on the other. Mr. Merrick and Mr. Ker differed with me about that. We had a meeting at the Attorney-General's house, and we set forth our respective views about this matter. That is the only case in which there has been any difference of view between counsel. The decision was left to the Attorney-General, and I learned subsequently that he had decided to use Price and to proceed against Mr. Kellogg.

Q. Were you in any way dissatisfied with that determination?—A. Immediately upon learning it I wrote the Attorney-General a short letter, stating that I had received his decision; that, of course, he had a right to make the decision, and I was bound by it, and should act under it in good faith, but I respectfully asked leave to place on record my opinion that it was not a wise decision. Then came the proceeding before the grand jury, and the production of the additional papers by Walsh. The moment I learned of the production of those papers, and what was in them, I stated to the Attorney-General that in my opinion that changed the position of the case entirely, and that it was a proper one to be proceeded with, and that it was proper to let go of Price and proceed against Kellogg, and I have not changed my mind or view upon that subject.

Q. You are still of the opinion that the Government has a good case against Mr. Kellogg ?—A. Now, have I a right to give my view here upon a case which is liable to come up for trial? I am willing to do it if the committee desire.

Q. Use your own discretion about that.-A. Then, without going into details, I will say, in general terms, that as the case stood after Mr. Kellogg had been indicted upon the information which Walsh gave, and upon the papers which he produced-as the case then stood, with Price available as a witness, and with Walsh available as a witness, and not so badly injured as I think he has injured himself since, I did consider that it was a case in which the Government might have a very fair reason to expect to succeed, and a case that the Government ought to pro

ceed with the trial of. Mr. Walsh has since so conducted himself that Judge Wylie did not hesitate in court last fall to express the opinion that he did not suppose the Government cared anything for the testimony of such a witness, and that all they could want from him was his papers. In a hearing the other day in court that was reiterated substantially by Judge Wylie, and Mr. Merrick, representing the Government, took substantially the same view, saying that he wanted Walsh, not for his testimony, but for the papers, and he referred to Walsh as pos sibly writing from a lunatic asylum, or something of that sort. Now as to these papers, if they do not turn out to be dependent upon Walsh's testimony to furnish connecting links to supply dates, or anything of that kind, if Walsh were here to produce them, I should still think it would be a fair case, although it is a case that has been weakened a good deal by Walsh's course. Those papers I have never seen. I think there was an error committed in the case, and I do not think I should have committed it. When Walsh produced those papers before the grand jury I should have impounded them. My theory is that all papers produced before the grand jury pass into the control of the Govern ment, and, as a prosecuting officer, I should always hold them until the case is over, and then return them. In that case Walsh produced the papers before the grand jury, but afterwards took them away.

Q. Did you see the papers that he produced?-A. No, sir; I saw the papers that he produced before one grand jury-the one that refused to indict and kept a portion of them in my hands.

Q. Please look at the list of papers I now hand you, and state whether you have ever seen those papers.-A. (After inspecting the list.) Now, as to these papers, here is a subpoena prepared by Mr. Ker; some of these papers I undoubtedly saw before the first grand jury; I recognize certain papers in which Mr. Buell's name appears; I saw one or two letters from Walsh beginning "My Dear Walsh "; I did not see as many as there are here; I think that possibly I saw the letter sigued J. B. Price"; I have an impression that I saw that; copies of some of these papers were subsequently published in the Herald, I think, and I may have seen them there; but I do recognize some things that are here. Q. That is a copy of the subpoena duces tecum that was issued ?—A. Yes.

The subpoena is as follows:

In the supreme court of the District of Columbia, holding a criminal court for said District, the eleventh day of December, 18×3.

UNITED STATES

18.

WILLIAM PITT KELLOGG.

The President of the United States to John A. Walsh:

You are hereby commanded to attend the said court immediately, to testify on behalf of the United States, and not depart the court without leave of the court or district attorney, and bring with you the drafts or checks, and letters or cop es of letters, and memorandums or accounts of the payment of money, as follows:

The drafts or checks, and letters or copies of letters and memorandums or accounts of the payment of money or drafts or checks signed by you, or endorsed by you, during the years 1880 and 18-1, for the payment by you, either directly or indirectly, of money to William Pitt Kellogg; and the letter or letters written and sent or handed by the said William Pitt Kellogg to you during the years 1879, 1880, 1881, and 1882; and the copies of letters or copies of the letters written by you and sent or handed to the said William Pitt Kellogg during the said years 1879, 1880, 1881, and 1882; and the memorandums or accounts of the payment of money or memo

randums, accounts, or statements made by you of moneys paid, sent, transmitted, or handed by you, during the years 1880 and 1881, to the said William Pitt Kellogg, the said drafts or checks, and letters or copies of letters, and memorandums or accounts of the payment of money or relating to and concerning certain sums of money collected or to be collected by you from the Post-Office Department, and the Treasury of the United States under and by virtue and authority of certain drafts or orders for the payment of money commonly called "post-office drafts," and " contractors' drafts," two of which were dated July 13, 1879, each signed J. B. Price, contractor, each for payment by the Auditor of the Treasury for the Post-Office Department to the order of the said J. B. Price, the sum of twelve hundred and fifty dollars out of any money due him, the said J. B. Price, on route No. 31120, Indianola to Corpus Christi, in the State of Texas, one for the quarter ending September 30, 1880, and the other for the quarter ending Dec. 31, 1880, and each endorsed on the back thereof, J. B. Price; and the five others of which are dated July 16, 1879, each signed J. B. Price, contractor, each for payment by the Auditor of the Treasury of the Post-Office Department to the order of the said J. B. Price, the sum of three thousand dollars out of any moneys due him, the said J. B. Price, on route No. 31148, San Antonio to Corpus Christi in the State of Texas, one for the quarter ending March 31, 1880; another for the quarter ending June 30, 1880; another for the quarter ending Septem30, 180; another for the quarter ending Dec. 31, 1880; and another for the quarter ending March 31, 1881, and each endorsed on the back thereof J. B. Price; which said two post-office drafts for the payment of moneys due on route No. 31120, Indianola to Corpus Christi, were received by you for the collection by you of the moneys mentioned in each of said drafts; and which said five post-office drafts for the payment of moneys due on route No. 31148, San Antonia to Corpus Christi, were received by you from the said William Pitt Kellogg for the collection by you of the several amounts of money mentioned in each of the said drafts, and for the payment by yon to the said William Pitt Kellogg, from time to time, of onehalf of the amount of money mentioned in each of the said drafts as often as the several amounts should be by you collected, and which said several amounts of money were by you from time to time collected, and one-half thereof paid by you to the said William Pitt Kellogg.

The aforesaid drafts or checks, and letters or copies of letters, and memorandums or accounts of the payment of money which you are required to bring with you, are: Drafts or checks signed by you, or endorsed by you, or signed and endorsed by you. Draft or check No. 151, dated Washington, D. C., July 23, 1879, John A. Walsh, banker, pay to the order of Shellabarger and Wilson four hundred and ninety-one dollars and seven cents, endorsed Shellabarger and Wilson.

Also, draft or check No. 187, dated Washington, D. C., Oct. 28, 1879, John A. Walsh, pay to the order of Wm. P. Kellogg, five hundred dollars, endorsed W. P. Kellogg, Also, draft or check No. 205, dated Washington, D. C., Dec. 23, 1879, John A. Walsh, banker, pay to the order of W. Pitt Kellogg two thousand dollars, endorsed W. P. Kellogg.

Also, draft or check No. 251, dated Washington, D. C., May 4, 1880, John A. Walsh, banker, pay to the order of W. P. Kellogg six hundred and twenty-five dollars, endorsed William P. Kellogg.

Also, draft or check No. 268, dated Washington, D. C., June 28, 1880, John A. Walsh, banker, pay to the order of W. P. Kellogg six hundred dollars, endorsed W. P. Kellogg. Also, draft or check No. 211, dated Washington, D. C., Jan. 5, 1880, John A. Walsh, banker, pay to the order of A. C. Buell seventy-five dollars, endorsed A. C. Buell. Also, draft or check No. 214, dated Washington, D. C., Jan. 7, 1880, John A. Walsh, banker, pay to the order of A. C. Buell one hundred and twenty-five dollars, endorsed A. C. Buell.

Also, all other drafts and checks signed by you, or endorsed by you, or signed and endorsed by you, for the payment by you or through you, either directly or indirectly, of any money during the said years 1880, 1881, to the said William Pitt Kellogg on account or by reason of the money collected by you under and by virtue authority of the above-described post-office drafts, or either of them, or in any way relating

thereto.

And also letters written, sent, or handed by the said William Pitt Kellogg to you. Letter headed United States Senate Chamber, Washington, Feb. 8, 1881, addressed My dear Walsh, and signed W. P. Kellogg.

Also, letter headed United States Senate Chamber, Washington, Feb. 10, 1881, addressed My dear Walsh, and signed W. P. Kellogg.

Also, letter headed Astor House, New York, May 18, 1881, addressed Mr. John Walsh, and signed J. B. Price.

Also, telegram, Washington, Jan. 18, John Walsh, New York; Yes; I think so; W. says come. K.

H. Mis. 38, pt. 2-20*

Also, telegram headed Washington, D. C., Feb. 2, 1881, addressed John A. Walsh, East Twenty-seventh, New York, and signed W. P. Kellogg,

Also, letter or telegram headed Neenah, Wis., August 5, addressed John A. Walsh, 3 East Twenty-seventh street; without any signature.

Also, letter, John, I leave for West to-night. See P. at once, and give him that statement. Also relieve his mind regarding any suit against Brown and others. -Cato. Also, all other letters written, sent, or handed by the said William Pitt Kellogg to you, during the said years 1879, 1880, 1881, and 1882, in any way relating or pertaining to or concerning the said money collected or to be collected by you, under and by virtue and authority of the above-described post-office drafts, or either of them.

And also, all copies of the letters written by you and sent or handed to the said William Pitt Kellogg during the said years 1879, 1880, 1881, and 1882, in any way relating or pertaining to or concerning the said money collected or to be collected by you under and by virtue and authority of the above-described post-office drafts or either of them.

And also, all memorandums, accounts, or statements kept or made by you of moneys paid, sent, transmitted, or handed by you during the years 1880 and 1881 to the said William P. Kellogg, in any way relating or pertaining to or concerning the said money collected by you under and by virtue and authority of the above-described post-office drafts or either of them.

And also, all letters, telegrams, drafts, or checks, receipts and papers produced and exhibited by you before the grand jury in the District of Columbia at the time of their finding the bill of indictment in above case. Witness D. K. Cartter, chief justice of said court. [SEAL.]

R. J. MEIGS, Clerk.

The WITNESS. We wanted Walsh as a witness. Mr. Merrick came over to New York for the purpose of getting into communication with Walsh. Walsh had always spoken kindly and rather enthusiastically of Mr. Merrick, and Mr. Merrick had always been able to get along with him. Walsh had tabooed me a good deal earlier. As I have said, Mr. Merrick came over to New York last fall and tried to get in communication with Walsh. Walsh never has had any known address in New York. He has always directed his letters to be addressed in care of E. H. Grandin, a lawyer. When we wanted him before for the second Dorsey trial we could not get him. We spent several hundred dollars in detective work without finding Walsh, and finally only discovered where he was through a lady with whom he was very intimate. She was taken out sleigh riding by somebody or other, and in some way they got from her information as to where Walsh was, and we went and got service of a subpœna upon him. He has always been very troublesome to find. Mr. Merrick went to see Mr. Grandin, and finally told him that he wanted to see Walsh, and Grandin said he would try to arrange an interview. Mr. Merrick then came to my office, and we talked over the whole business of Walsh. I said, "Look here, Walsh's trouble is me; now let me stand aside; I will go out of the case in any form you wish; you may give him any assurance you desire that I am entirely out of the case. I will submit to anything, except public degradation in connection with the matter." Mr. Merrick said that that was very handsome of me, and he would tell Walsh. The next day he came to my office with a letter from Grandin, in which Grandin said that he had caught Walsh eating a good dinner somewhere the day before, though he took care not to say where, and that Walsh replied without hesitation that he would not see Mr. Merrick, or anybody else connected with the Government; that he had addressed a letter to the President on the subject, and that when his demands in that letter were complied with, he would be glad to see Mr. Merrick. Mr. Merrick remarked," Mr. Walsh is making some demands there, and you must not go out of the case until we see what they are." Mr. Merrick came on to Washington and saw the letter to the President. I came here a day

« AnteriorContinuar »