National Republican. (Washington City (D.C.)) 1872-1888, 1874-03-23
DISTRICT INVESTIGATION.

DISTRICT INVESTIGATION
lce.tia.es fro. ssese1 Rsss.l
ben thereof, to obtain the passage Of an &C
ENTITLED An act creating drainage and sewerag
sections In the citiesof Washington and George
town, &C., by the Legislative Assembly Of tn
said District of Columbia, whereby the said res
.noperty"-
1nat word "said" ought to be left out. ]
ought to read:
'Whereby the real property purchased b
>Hallet Kilboun and James N. Latta, trustees
IN the northw estern portion of the said city o
Washington, hereafter more particularly men
Hioned, was only subject to- tax OF clever
mills per square foot, and much OF the Ma
property of YOUR memorialists and other. cti
1ens of the District of Columbia was sublecsei
TO tax of twenty mills per square foot"
And to clause 9, on page 8: 1EtpE
Gan instrument of writing in the hands o
KiIbourn and Latta, made in the year 1871, ant
raferrcd to in the various deeds hereinbcforS
mentioned, and reciting the names Of the W
rious persons who have contributed TO- saii
$71s, esl.5s, also hercinbefore mentioned"
Then turn to page 8, third clause:
"The records Of deeds Of the said District O.
Columbia, showing the Investment by the sait
Hallet Kilbourn and his partner, James NJ
Lstta, as trustees, of the sum of t71S, Os1 81
at the different times since the formation o.
said conspiracy and confederation in real estate
chiefly situated in the northwestern part Of said
city Of Warrington"
These names may be taken severally and
Jointly. . :
Mr.. Christy. In addition to that, the xitnes,
had answered.
Senator Thurman. GO on with the investiga
ton. .-s.-t rr7l
Mr.. Christy. VIII you state the names Of
your cestsi qte trast2
Witness. Which shall not do.
Mr.. Christy. We place the witness In thu
hands Of the committee. --'
Witness. / will say this am willing, under
my solemn oath, to swear that no officer of the
Board of Public Works, no man connected, di.
rectly or indirectly, with the District govern
ment, were in any possible way, however re
motely, connected in any of these. purchases;
but to give the name of o client who intrusted
rme with his businessmen in the case of Sena-
tor Stewsrt-if he had himself asked me not
to mention the name of cestui que trSss in q
certain instance, certainly should not have
given them. Although they do not reside in the
United States at present, l have answered, so
far as it affects, it seems to me, the Board of
Public Works in this investigation, that no Off
: Ger of the Board of Public Works, no men con-
nected with the government of the District OF
I Columbia in any possible manner, were cestui
que trusts.
By Senator Thurman: Q. Do you put your
: refusal to answer upon the ground that the
answer you would make would, in any sense,
tend to criminate you? A. Not at all.
Q. Or to disgrace youa A. 1t would in the
eyes Of the business community to reveal the
Q. Would the evidence disgrace you, A..
Not at all.
Q. The facts, if disclosed A. No, sir.
Q. Or subject to any criminal punishment!
A. Not at all.
o. They would not, If disclosed, disgrace
A lot 1ienr
Q. They would not render you infamous, of
course, If they would not disgrace you. A.
No, sir.
Q. Then on what ground is It that you re-
fuse to answer this question? A. On the
ground that patty should never violate the
confidence of his client.
Q. Do you know that the law does not per-
INIT any such thing as that, except in regard to
n-defined matters that are called privileged
communications A. do not know the law.
Senator Thurman. Then 1t is our duty to ad-
wise you that that is the law, and that that 10
not privileged communication, for q man to
employ another to purchase real estate or any
other property for him is not privileged COM
municat;on; but the purchaser, when called
upon In court or before committee of Con-
eress, of either branch Of it, to testify, can
not say 1t is privileged communication. The
law allows Of no such privilege as that. There
are much more delicate things than those that
courts have refused to allow as privileges. The
communications of q patient to his physician
of the most delicate character the courts have
compelled the physician to answer in respect
to. Some courts, too, require priests to an
ever, or punish them for not answering the
matters submitted to them In the confessional;
although now in the most enlightened coun-
tries statutes have provided that that
should not be required.
Judge Black. But the question which the
hox, L.
will compel the witness to answer to a matter
that has no relevancy to the question before
them.
Representative Hamilton. We cannot leave
him to be the judge.
Senator Thurman. We have decided that.
Judge Black. You cannot allow the witness
to be the Judge, but the witness has testified
that this transaction connected itself with no
public affair that is now under investigation.
Senator Thurman. That has been tried again
and again. We had 1t in the question of how
. copy of the treaty was obtained from the Sen
ate, and the newspaper men who were called
up, all testified that they obtained 1t neither
directly or indirectly from any Senator or any
officer or employee Of the Senate, but the Sen
ate required them to answer of whom they did
get 1t.
Representative Wilson. The same ruling was
made in the House last winter.
Senator Thurman. In Stewards easel
Judge Black. That was for the purpose of
reaching the person that did it.
Senator Thurman. 1t does not matter The |
question was q proper one, and the witness |
cannot shield himself in this way.
The Chairman. Take the full list of this |
property purchased in the name of Mr.. Latta
as trustee; take such list as you wish If you |
have any further list.
Senator Thurman. Your question is, did he
make this purchased Let that question be
~ ov,I 1nS
purchases they were, and where they were sit
uated. 1
Mr.. Christy. ! understand the witness to say
that he had inspected so much of this paper Is
related to transactions of himself as trustee. |.
Senator Thurman. Let him mark out where
they were. -...T
Mr.. Christy. first interrogate him in re-
The Chairman. You had the Rappley pur-
chase.
Mr.. Christy. Shall examine him seriatim
The Chairman. Yes; pass from the purchase
from Rappley.
Senator Thurman. What was his answer in
regard to Rappley! Ii
Mr.. Christy. That he had made the purchase,
but was unable to state the exact sum paid
for 1t.
Senator Thurman. To whom was the prop
srty conveyedl
Witness. Conveyed to James NJ. Latta, trus-
ZEE. The paper states so; do not remember,
myself, certainly; could not swear that It was
conveyed to me. 1t is thing I do not re-
member. " II
Mr.. Christy. The witness did state that he ;;
made purchase of property from w. w.
Rappley in particular square, but could not
answer as to the number of lots.
Witness. Nor could under oath answer to
whom 1t was decided: but that made the ne
,otiation remember very we'll.
By the Chairman: Q. You cannot state whether
his was decided to you, as trustee, or not. A.
No, sir. L.
By Mr.. Bass: Q. You executed deeds of It /.
Ifterwards, didn't youl A. don't remember. /,
1t is decided to me as trustee
By MIR. Christy: @. Do you remember in re- !
ard to purchase from Edva.d Young Of lots
s, 30 anil Sin - subdivision, square 157; !.
ICED dated July IS, 1871; recorded October IL,
BIZ A. don't remember the fact of the :
purchase, but / think there was Q purchase
made of him.
9. By youi A. Not by me; no; Imean not
9. Do you remember in regard to the prop- !,
rty Of Mr.. W. W. Burchell, lots "a and BE- In =
loses subdivision, lots in square 1871 A. Itts
emember the fact Of the purchase being made. 2
ut to whom the title was made do not know.