Rensselaer Semi-Weekly Republican, Volume 38, Number 79, Rensselaer, Jasper County, 29 June 1906 — KELLOGG HAS PRELIMINARY EXAMNATION [ARTICLE]

KELLOGG HAS PRELIMINARY EXAMNATION

Ulysses B, Kellogg was arraigned before Judge Severson in the Lafayette city court yesterday afternoon ou the charge of grand larceny, preferred by George W Michael, now of Lafayette, formerly of this city. The court room was crowded and Mrs. Kellogg was with her husband during the hearing. Mr. . Kellogg was represented by C. H. Payson, of Watseka, 11l , Robert G. Miller, of Bloomington, and Charles E. Thompson. The state was represented by Daniel P. Flanagan, prosecuting attorney, and William R. Wood. The defendant did not enter a plea and the state at once took up the examination of witnesses Mr. Michael, the prosecuting witness was the first called to the stand. The affidavit made by him charges the larceny of S2OO from Mr. Michael. A similar amount was received from Mr. Michael’s son. The charge was m two counts, one alleging the larceny of the money and the other alleging the larceny ot a check drawn on the First National bank by Mr. Michael. It was made payable to Mr. Kellogg and was cashed by him. Mr. Michael told the story of his business relation with Mr. Kellogg, a story that has been told so often that it does not need repetition. Mr. Michael said that he had gone out with Mr. Kellogg to look at some land that was being handled by a legitimate company, and that while he had some suspicion about the Northwestern Land & Immigration company the last concern represented by Mr. Kellogg, he thought that Mr. Kellogg was all right and was .willing to take chances on an investment.

Mr. Michael said that he asked Mr. Kellogg for the address of the Northwestern Land & Immigration company, supposed to be located at St. Paul, Minn., and it was given to him He wrote to the company and the letter was returned unopened. He called Mr. Kellogg’s attention to this fact, and he said that perhaps he had made a mistake in the address. A few days later Mr. Michael received a letter from the Land and Immigration company in which he stated that Mr. Kellogg, its district agent, had turned over the money that had been paid by Mr. Michael and saying “We are glad that you are to be with us.” The letter bore the signature of Smith & Rogers, and Mr. Michael testified that this signature was written by Kellogg. He also testified that Kellogg admitted, while on the witness stand at Bloomington, that the letter-head on which this communication was written Was printed in Lafayette. Robert Lesnster was the next witness and testified that he had donated SSO to Mr. Kellogg as agent for the Northwestern Land and Immigration company, but said that he had not made any investigation of the company. Gris Stocker was the lafit witness introduced by the state. He testified that he had given up $l5O, SSO for himself and SSO for each of two friends. The names of these friends were not disclosed. Mr. Stocker said that he bought the land with the understanding that it was to be located on a line of the Grand Trunk railroad. He had a friend write to a railroad man in BL Paul Minn., about the construction of this line, and the railroad official replied that he knew nothing of the proposed construction of such a line. Mr. Stocker then wrote to Northwestern Land & Immigration company and hie letter was returned marked “Opened by mistake.” It had fallen into the hands of another land company. Mr. Stocker admitted in his cross-examina-tion that he was influenced in the purchase of the Kellogg land by the glowing description given by Mr. Michael of Canada land.

The defense did xot introduce any testimony, but asked to have Mr. Kellogg discharged on the ground that the state had failed to make a case. Mr. Wood in his closing argument said that Mr. Kellogg was the tool of others and that the names of other parties would be disclosed before the trial was over. He said that Mr. Kellogg was the land company and that the scheme had been concocted in that city. He declared that over SB,OOO had been taken out of that county. Mr. Wood said that the letterheads were printed in Lafay ette, and that Smith & Rogers, who were supposed to be the land company, existed only in the imagination of Mr. Keijogg. Judge Severson held Kellogg to the action of the circuit court, fixing his bond at $1,500, and he was remanded to jail. He will be com pelled to remain there until next Octoberunless his attorneys decide to institute habeas corpus proceed ings.