National Republican., 1876-04-13
HALLET KILBoURN.
The Answer Postponed Until Saturday.

The Answer Postponed Until Saturday.
Yesterday morning there was quite q large
gathering in the Circuit Court, made up Of men,
bers Of the bar and other citizens, desrous Of wit
Messing the proceedings in answer to the writ of
hGbeGs corpus for the body of Hallet KiIbourn
served last Tuesday by the United States Marshal
on the Sergeant-at-Arms Of the House Of Repre-
sentatives. Robert Christy appeared for Ser
geant-at-Arms Thompson, and Hons. Daniel
Voorhees,, Charles A. Eldrdge, Jeremiah S.
Black, N L. Jetfries, W.. ID. DaVidge and Matt.
tiee Cartier had declared his readiness to receive
the answer, the following proceedings transplred:
=. Mr. Christy. May Il please your Honor, the
tiyes is here. If your Honor desires to hear any
statement he has to make, he is quite ready TO
make statement at this time.
THE WRIT IN THIS CASE
was made returnable to-day at 10 o'clock. 1t is
true that the statute provides that the return
shall be made within three days from and after
the time Of service. of course, that is personal
privilege which may be waived. Out Of respect
10 the Court the Sergeant-at-Arms has appeared
10 make explanation.
The Court. What is the language of the
statute?
Mr.. Christy. 1t is found on page l42, section 176
Revised Statutes. l will read it. Mr.. Christy
then read as follows:
ANY person to whom such writ is directed
shall make due return thereof within three
days thereafter, unless the party be detained
beyond the distance of twenty miles; and If
beyond that distance and not beyond distance
of hundred miles with ten days; and if beyond
the distance Of a hundred miles, within twenty
II is true he might, lift be within the range of
possibility have the return made sooner. The
Sergeant-at-Arms deems ii but proper, out Of re-
spect to the Court, that he should make an ex-
PLANTATION why the writ has not been strictly
Obeyed this morning, stating the reasons, which
reasons will, he has no doubt, be satisfactory to
the Court
The Court. The Court will be pleased to hear
the Sergeant-at-Arms, if he has any statementto
The Sergeant-at-Arms CNIr John G. Thompson)
then came forward and said: May it please your
Honor. have only this statement to make. Of
course the Court is aware that
lam HOLDING THIS PRISONER
by order Of the House. and until its further order.
As soon as this writ was served upon me, went
to prepare the papers, and as soon as prepared l
Speaker, he being the only medium through
which ] could address the House. The hour,
however, was so late that the Speaker deemed it
insufficient on yesterday to give his motion that
consideration to which II was entitled, and there
fore suggested that appear here and make this
explanation. j have no doubt that during the
day proper action will be taken by the House in
regard to the matter.
The Court. How long a delay is desired or will
cover the necessary preparation for the return?
Mr.. ChriSty. can promise your Honor there
will be no unnecessary delay, and certainly no in
tenSonal delay. The papers are voluminous.
We have not seen the petition as yet, but will at
once examine il. An examination Of the petition
may result in restricting greatly.
THE LABOR INVOLVED IN MAKING THE RETURN
if be Of the character that advised it is 1t
may avoid the necessity of having 10 prepare duly
certified copy of certain of the journal records of
the House. i think, yOur Honor, IL would sub
serve the interests Of all to have the time named
in the statute granted to Us. If the return can
be made in less time, we will so advise the Court
Mr.. Eldredge. If your Honor please, have no
doubt that the statute gives them the time which
they mention-the three days in this case-the
person being within twenty miles of the officer
issuing the writ. 1t seems to me, however, that
in ha first inst thn
full three days in order to make their return. If
they hut present the prisoner at the bar of the
court, and then on an examination of the papers
find that they need further time in " hich TO pre-
pare or answer, that question can then be prop
crly considered. But apprehend that the facts
are so fully set forth in this petition that there
will be no necessity for an answer on their part
certainly not, unless they set up something that
has not yet been done in the case. 1t was the in
tentiOn in preparing this petition, to present all
the facts so that there should be need of taking
testimony and so that the only answer that could
he made would be demurrer. or something in
the nature Of demurrer to the petition itself.
We are anxious. of course, after the long I'M
prsOnment which has been suffered by the pris-
oner, to have as early hearing as possible.
THERE HAS BEEN CONSIDERABLE DELAY
on our part in applying for this writ of hGbeds
corpus, suppOsing believing and holding that the
House Of Representatives would, by their officer,
allow this court to exercise its Jurisdiction in
bringing him here for trial on the Indictment
which has been found against him. We did not
desire to make unnecessary haste, because we
supposed that obedience would be paid TO that
writ.
Mr. Chrsty desire TO say to the Court that
there two defects. fatal. / think in the sug-
yestOns of the gentleman. First, the suggestion |
hat they could relieve this officer of the neces-
Sity Of return, could waive the necessity of
hnal and complete return. Again
The Court. The Court is going to grant such |
time as is reasonable and convenient to make up /
this return, If you will suggest when that is.
Sergeant-at-Arms Thompson. think
BY FRIDAY, AT 10 O'CLOCK, WE CAN BE READY.
The Court. Let it be postponed until that |
time.
1t being suggested that next Friday would be |
legal holiday, the further consideration of the
matter was postponed until Saturday next at 10 |
o'clock.
After the reading Of the journal in the House /
Of Representatives yesterday morning, the |
Speaker laid before the House a letter from the /
Sergeant nt-at-Arms setting forth that the writ of /
tdbeGS corpus for producing the body Of Hallet /
before the House had been served upon |
him, and asking for instructions from the House
rs TO his course in the premises Judge New, of |
he committee on the real estate pool, thereupon
Jttered resolution, which was adopted, that the
natter be referred 10 the Judiciary Committee |
With instructions to report what action the House
'hOuld take in the premises, and to report not |
ateI than Saturday next.