The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-29
n.tlLErr K1LBouRN,s REAEAsE.
The Prisoner Taken from the Custody of
tue HOusc-Ercc on $1,000 Rail.


WASHINGTON, April 2s-Chief Justice
Cartier, sitting IN Chambers to-day, Ia rendering
his decision In the kilbourn habeas corpus case,
referred TO the acts OF 1867 and 1sG! In relation
20 the punishment of CONTEMPT 10y either OF the
legislative branches Of the Government. and de-
cided that sections liz and l0i OF the Revised
statutes, approved Jan. -, 1874, which are as
follows. are explanatory OF the preceding acts
In relation TO recusant witnesses:
SIC 10. Every person who, having been summoned
matter under inquiry before either House OF Con 81
fuses To question pertinent TO tic question
unarr imfrs ssa oe deemed quit! oi issrigan.
thar 600 mud imrronnen IA the common ji for not
lie than one month nor more than twelve months.
g., Ivy @ ~ US ~ hleut"utd
", ,''lth ~, ia. 10 tt.ty ana IA, fcis are report.
tie fnct IN Ter tac ,ca of The senate or IA % M H.
District Attorney tor the District OF Culuinbu vhusc
Out, sha be 10 bring the matter before the Grand
lie thereto decided that the case is one Of
misdemeanor and punishable hy the courts and
In conclusion said "rhe relator will be rem
dered to the dominion Of the Indictment"
Mr.. Elardge, Of counsel for MIR. Kilbourn,
asked n the Cour. was ready to receive bail, and
the Judge answered that he did not receive tail ;
that counsel must apply TO the Judge " the
Mr.. kilbourn tnrn. IN company with his coun-
sci, went To the Office OF the Mar>htl. and gave
hali IN the sum OF $500. his partner. James NJ.
Lattl becoming his surety.
When II was known that Kilnourp had been
released 10y the decision OF Judge Cartier. there
Was scarcely Republican member OF the House
but what Was ashamed OF the vote cast t. de-
liver kilbourn to the court, while ihe Dem -
cratic members who voted for the delivery were
mortified beyond expression. " II was no more
than WAS expected" said one. Judge Cartier
would never have issued the writ had he not
intended 10 release kiloourn II his body was
produced.
1T is great victory for Boss Shepherd" said
another. land IL Is "A magnificent triumph over
House VI Representative having nearly two
thirds Democrats Speaker Kerr pronounced
the act Of the court a. SON. ctning to he deeply
regretted, a. IL certainly took away from ire
House the highest privilege IL has ever CT Dyed.
and virtually declared To every witness, " refuse
TO answer, sud tho Court Will protect YOU"
Members II the real estate pool COM
mittte, Republicans and Democrats. ex-
pressed their deer Indignation AT the pro-
ceeding. The regular meeting 81 the commit
tee viii be held Tomorrow, when the plan
90 action To show the exceeding great contempt
me House has for the luns Judge Will be per
focted. lhe general sentiment among the law
yers OF the House ito summon llalett Kill
oOurn 70 again appear ~ witness, ask him such
questions a. viii compel him 10 wtr, or again
be IN contempt OF tue II use, and II Is qDite
certain he will not escape n second time, but
that his confinement III the Iail viii DO with the
common class.
There Is great rejoicing tonight over Xii
hourns release on bail for the offence Of CON
tempt. Tue money wrung from the people by
the Ring is being literally spent 10y the leaders
among their sycOphantic followers.
II remains to DO seen what action the Criminal
Court Of this District will take in klboIrn's
case. lie Is indicted and held TO II In the sum
Of 5000 10 answer thereto, but the Judge h Id
ing tue present Grimm Term was one Of the
persons Interested In the real estate pool, aud
In common decency he would scarcely presume
u SIT IN judgment on the man who chose to
violate the law rather than disclose the names
OF bis associates IN the pool. among whom was
Judge Macarthur. The present term lasts until
some tine III June, when the court takes re-
cess untl Sep'emher Thus II some steps are
not ken kilDOurns trial cannot take pace
fall