The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-04-29
WASHINGTON.
Kilbourue Rallied.

WASHINGTON, April 2S.-Judge Carter today
decided the Kilbourne habeas corpus case.
Ate. citing the legal statutes upon the author
ity of Congress in contempt cases, showing
that it was the duty of the Speaker OF the
House to certify the case to the District Attor
ney, whose duty it is to bring the matter be-
fore the grand jury of the district, he decided
that the case is one of mlsdemeanor, and pun
ishable by the courts. In conclusion he said !:
''The relator will be rendered to the dominion
of the Indictment"
Mr.. Eldredge, of the counsel for Kilbourne,
asked if the court was ready to receive BAIL
The judge answered that he did not receive
bail; that he must apply to the judge of the
criminal court.
Kilbourne then in company with his counsel
repaired to the marshaps office, where he gave
bail in $4,000, his partner becoming his surety.
The Mary Merritt Case.
The committee on expenditures in the Treas
ury today commenced an examination of the
bark Mary Merritt case.
Edward G. johnson, attorney for the owners
of the vessel, denied the statement that the
Secretary said he would leave Washington so
that the matter might be adjusted by Assistant
Secretary Conant
Judge Hubbell, U. S. District Attorney for
Wisconsin until the spring of 1875. testified
that his first intercourse with johnson was
twenty days before the final remission of the
fine. johnson had called on him to ask
whether he had received any communication
from Washington relative to the arrangement
for the release of the Mary Merritt. johnson
reported that he had just returned from Wash
ington and found things there very favorable,
that Bristow was going to Philadelphia and
would leave the Assistant Secretary to remit
the fine or release the Mary Merritt Witness
understood johnson to say this to him more
than once.
Chairman-Dd you understand johnson to
say that Secretary Brstow was going to Phila-
delphia with view that a settlement might be
made during his absence?
With ess-I do not give my understanding,
but what johnson said. johnson told me that
such settlement would not be made unless /
should give my assent. Witness then produc-
ed copies of correspondence between Bluford
Wilson, Solicitor General, and himself in rela-
tion to the Mary Merritt in the summer of
1874, and the terms of the compromise. These
did not meet with the concurrence of witness
for reasons stated, bat finally he gave his con-
sent, went into court and filed warrant of re-
mission. Judgment was satisfied and this
terminated his connection with the case.
In response to questions by Bristow witness
said he changed his mind as to the remission
of the forfeiture, because he thought it would
be done by the department anyhow, and be
was pressed very hard by Mr.. Young, who was
interested, as he had purchased the custom
house moieties. He acknowledged that he was
interested to the extent of 2 per cent on &C
count of the judgment. Bristow said he was
not entitled to such per cent, but the Judge
held different view.
Mr.. Hubbell said he had been removed
without any opportunity to defend himself
from any charges if any were made.
Bristow desired to make statement and
after discussion as to whether he should be put
under oath, motion to exclude from the re-
cord of the committee the statement of Hubbell
about his removal was carried. Bristow ex-
pressed the hope that the committee would not
misunderstood him. AS far as he was con.
cerned he did not want his statement in reply
to go on the record. He could take care of him
self outside. The committee then took a re-
cess till 4 o'clock.
Representative Bright then left his seat near
one end of the table and passed to Bristow,
who was sitting at the other end. Bright was
somewhat excited and leaned over to talk to
the Secretary, who did not seem pleased with
the visit. The conversation was in undertones.
Exaggerated reports prevail of the character of
the dialogue, but it is said by gentlemen who
overheard the remarks of Bright that they had
no reference to TIE pending questions. This
little episode was of brief continuance, and the
parties soon regained their calmness.
On the re-assembling of the committee at 5
o'clock, Bristow recalled johnson, who testified
that he gave Judge Hubbell check for $500,
or per cent. of the entire amount of $4,000
RENTED in the Mary Merritt case. The MOLE
ties to the customs officers were paid out of the
gross sum.
Judge Hubbell was recalled and claimed that
he was entitled to them under the law, as the
warrant of remission required all the cost to be
paid. He made no agreement with johnson,
and it was possible that johnson came on the
part of Young
Bristow said the law of 1871, under which the
claim was made, applied alone to revenue
cases, and such claims were allowed only when
honey was actually paid into the court. Judge
Hubbell regarded it as revenue case Mr..
Hubbell said he had nothing to do with stating
this investigation.
Mr., Evans of Kentucky denied that there
was any fraud in the matter, and said the SER
vices OF Bristow were entirely gratuitous. That
part of the resolution charging the collision of
said he did not apply to him. Adjourned till
tomorrow.
Cabinet Meeting.
The session of the Cabinet today was of con-
siderable length. 1t had been agreed to con-
slider the question regarding the submission of
the original papers in the Executive Depart
ments to Congressional committees but owing
to the absence of the Secretary Of the Treasury
rom the meeting; the question was postponed
pont will present the result Of his examination
OF the law bearing upon that subject The con.
dtion of Indian affairs, it is believed, received
attention, the, question of allowing army sup-
plies to be ussAtill the freight already shipped
to them from obey enne shall reach its destina-
ton, being regarded in favorable light under
the circumstances, and it may be necessary so
to do to prevent a disastrous outbreak.
The Rio Grande Raids.
There are no late reports of outrages upon
American citizens on the Rio Grande. Latest
advices to the War Department report affairs
n better condition.
Crimes and Casualties.
rJo