National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-19
vIHDIcl1loH OF PERSONAL LIBERTY
HLLLEf KILBoURN BEFORE JUDGE CARTIER
EMINENT COUNSEL IN THE CASE
Imperfect Return Of the sergeant-at-Ams
ARGUMENT WILL BE HEARD TO-DAY

, OF the Sargeant-at-ArmS OF the House OF Repre-
sentatves to the writ Of hdbeas corpus scrvel on
him to produce the body Of Hallet Kilbourn be-
fore his Honor. Some time before the hour set
down for the hearing q large crowd began to as
semble IN the Criminal Courtroom, where the
, proceedings were to take place, to witness what
might transpire in relation to the matter.
Anticipating that there would be n rush, and
the gathering become so large as tobe both uneom-
Portable and interrupt the business before the
court, measures were taken to prevent the heavy
influx of persons expected, and bailifs were
placed in charge Of the doors with instructions to
admit only the officers of the court, members of
the bar and those persons interested personally
I Quite a number however the lucky ones, had
managed to obtain admission before this edict
went forth, and with laughing assurance enjoyed
the discontinue of their friends who were unfor-
tunately shut out. Within the railing the seats
were reserved for the members of the bar and it
is almost needless to add that
EVERY AVAILABLE SPACE WAS OCCUPIED.
Hon. jeremiah Black, Hon. Daniel Voorhees,.
Hon. Matt. II. Carpenter, Hon Chas; A. Eldridge,
counsel for the petitioner, came into the court
room few minutes after 10 o'clock. Shortly
| afterwards Sergeant-atA Arms j. W. Thompson,
| accompanied by his prisoner, Mr.. Hallet Kill
bourn, and followed by his counsel, Hon. Samuel
ShslaSarSer and Robert Chhristy' ESQ., entered
exhibited no decline in either health or spirits by
his recent confinement, but, on the contrary, re
/
| in his usual free and hearty manner. Neither
| did he display any disposition by word or action
render to the demands made upon him TO testify.
But instead, showed his manliness to stand up
| and continue the fight for the principle which he
commended for as the right Of free, independent
citizen of this country.
Chief Justice Cartier said that the time had
arrived that set for hearing the answer of the
Sergeant-at-Arms TO the writ, and he was pre-
pared to hear it.
Sergeant.at-Arms Thompson then made afida-
it tha p1Ny hafn trna 70 thah oGt hfy
knowledge and belief, and it was read by Mr..
Christy.
After reeitng the contents Of the petition. with
the exception of the transmitting of the Speakers
certificate to the grand jury and the indictment
found by that body against Hallet Kilbourn. the
return sets forth the reason Of the petitioners AZ
rest and
HE is STILL HELD IL CUSTODY.
1t concludes as follows:
'whereupOn this respondent, protesting that
upon the facts disclosed by the return now made,
showing that the relator is lawfully held by this
respondent as Sergeant-at-Arms Of the House Of
Representatives, in pursuance and execution of
iatop TO be in Contempt Of The aut6SritS of said
House. the issuance Of said writ was in derogationo of
the privileges Of said House. and that the caption
and detention of said relator under and by the
thority Of said House aforesaid, being evidently
and conclusiyely established by the certified rec
the petition Of said relator no further proceedings
or interference with respondents custody of the
relator can be lawfully had under the said writ of
relator be remanded TO the custody of this re-
spondent as Sergeant-at-A Arms Of said House Of
Representatives as aforesaid and the said writ of
ha6eds corpus dd su6jicendunl be dismissed as
improvidently issued. He denies all averments in
this petition Inconsistent with this return
At the conclusion Of the reading Of the answer
the Court issued the following:
ORDERED INTO THE NARsHAL's CUSTODY.
'Ordered, therefore, that the marshal Of the
United States for the District of Columbia take
the body of the relator into his custody, and him
oIrv Gaa fNrt hnr nr1nr
Deputy Marshal Philips crossed the courtroom
to where Mr.. kilbourn was, and informed him Of
ssnrs neeepeS the sm
ingly, and appeared both pleased and satisfied
with the transfer. His Honor suggested that it
advantage to himself II the counsel either side
would furnish briefs in the case, and that this
morning would be an acceptable time to hear the
tinue from day to day until it closed.
Mr.. Davidge. At present. your Honor, the
will reeolect that the return is silent altogether
in relation to the proceedings Of this court touch
ing the indictment of Mr.. Kilbourn.
The Court. Yes, but that appears in the petit
ton.
doubts as to whether that is sufficient. We have
doubts as to whether we ought not by suggestion,
| or by replication, bring that matter upon the
viate ali difficuty have proposed to the gentle
men the other side to satisfy themselves of the
fact Of the indictment and the other facts touch
ing that department of the case and TO make an
admission of those facts, and let them in that way
| go upon the record. We desire to
COMPLETE THE RECORD BEFORE WE MOVE.
MIR. Shellabarger. We had supposed, your
Honor, that the matter OF the indictment proceed
ings on the criminal side of this court was matter
/ of record that was susceptible Of absolute and
| conclusive proof and that admissions were hardly
| proper in q matter of that sort. Indeed, think
the is not one where the counsel would be at
liberty TO make admissions, especially where
Il hat Wi nrniuPe 10 records of the
court that may be required by the law of the case,
and that we will proceed upon the records.
Mr.. Davidge. The admission asked for is to the
i effect that those records be made part Of this
record. That is the only admission / sought to
have those facts set forth in the petition made
part of this record. care nothing about the ad-
| mission Of the facts. simply want such an ad-
mission as will make all these matters Of records
| part of this record.
| Mr.. Carpenter. Also, the certificate from the
/ Speaker to the District Attorney.
Mr.. Davidge. Of course; all that department.
| Mr.. Shellabarger. We wish it TO be distinctly
| understood that In regard TO the question Of the
| competency Of any of these proofs we do not
| waive anything; but anything to which the gen.
tlemen regard themselves entitled under the
| statutes let them submit the same to the court,
and let the court decide whether such is compe-
/ tent, and whether 1t makes the proof alleged.
The Court. / do not understand that counsel
| for the petitioner wish to incorporate that into
the record conclusive Of any rights, but simply
| as belonging to the issue for what It IS worth.
| Mr.. Davdge. We can either proceed in the
/ manner suggested, or under the provision Of the
L
| THAT PROVISION IS TO THE FOLLOWING EFFECT:
/ THE petitioner, or the party imprisoned or
| strained, may deny any Of the facts set forth in
the return or may alege any other facts that may
be material in the case Said denial or allegation
! shall be under oath. The return aud all sug-
gestions made against it may be amended by leave
Of court Of justice, Judge, before after same
are filed, SO that thereby the material facts may
Now, we will either proceed formally under this
1 provision Of the statute, or, BY what appears to
/ these matters set forth in the petition part Of
this record, without any admission whatever as to
The Court understand that counsel agree to
| the embodiment into the record Of everything that
properly belongs to II; not with view to its con-
| sideration upon its merits.
Mr. Davidge. Undoubtedly.
The Court. That is as understood Mr.. Shella-
Mr.. ShelIabarger That is right.
The Court. Now these records are the records
MT Davidge Ofthe House9
The Court. They are not; but the records here
| pertaining to the indictment are the records Of
this court, of which the court If sitting court
would take notice as part Of its own records. 1t
is rule acted upon BY the bench, inasmuch as we
resolve into q system of one court, to take
ofcal notice of its records and torequire proof
/ of the proceedings OF one branch Of the court in
another branch It. As far as the record, there
fore, belongs to this system, there is no trouble
III but to tRs rfcTd
| stand Mr.. Shellabarger to assent to ENGRAVING
that branch Of the case upon the record Of
THE CASE FOR WHAT IT is WORTH.
Mr.. Sheliabarger: That is right, not waving
materiality that anything that is matter Of rec
| ord in this court may be used so far a.
certifcate q the Speaker sending the case to the
MT. sheiiabarger. That is also made matter
| Of record in the court, suppose.
| The Court. 1t ought to be.