Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-15
The Hallet KilbOnrn Habeas Corpus
No Return to the Writ.
POsfponement to Next Tuesday.

This morning was set for the return
of the writ OF habeas corpus directed
to Hon. j. g. Thompson, Sergeant at
Arms OF the House of Representatives
Ior the production before the Circuit
Court of this District of the body OF Mr.. Hal
let ktlbOurn, the recusant witness in the
Real Estate Pool Investigation. Mr. Thomp-
son was present with his council, Hon. SamI
Shellabarger aud Col. Christy. There was
quite large attendance In the court room.
At the opening of The court this morning
Ihlef Justice Cartier presiding-HOn. SamI
SheiiaDarger, on behalf of Sergeant alarms
Thomps on, OF the L. s. House of Represent
attves, said:-YOur honor, the Sergeant-at-
Arms Of the House of Representatives is in
business this morning / think ii is proper
that we should present to the court the mat
Ter In which he has received from this court
The writ OF ha 0eas corpus for the production
OF the BODY of Hsllet Kilbourn. As | uu-
dersiand, from what occurred the other day
when this matter was before your honor, all
making a return. The court is doubtless
aware of the fact that the matter of what
that return shall be, in SO far as that is SUD-
ject 10 the direction OF the House of epre-
SentativeS, is now under consideration by the
HOnse; that's to say, by one OF the co nmtttees
OF the House, and will be reported no doubt
this me- rning 10 the House, when the House
viii take prompt action. 1t is due to the
court, and to our client, and TO the gravity
o. The case, that we should state that imme-
diately upon the order Of the court being
made, al tie last time the subject was before
the court, Mr.. Thompson laid the matter
promptly before the House through its
Spea ker, and the House promptly took ac-
ton In referring the matter to its committee.
The committee have had several meetings
for the purpose OF carefully and fully c1nsid-
ellDg what the return shall be to the writ
that has been issued in this case, and we
hope that even during the day the action OF
the House may result in directions that will
cEable Mr.. Thompson TO MAKE the re
turn required in the case. Now, after
this statement, whether 1t win be
worth while to delay the matter for q
future hour during to- dav or whether your
is matter suggest and submit to the court
Our purpose and desire is to make return at
The very first moment that il is possib bic
conforming to the directions OF the House so
Tar as II may be proper. Your honor can
readily appreciate that an officer Of the
House would desire 10 be guided, so far as
that may be done according to law, by the
Instructions of the House in regard to the
character OF the return. OF course, the only
embarrassment grows out OF that question
which IS familiar to us all, as to whether
production or the body, or whether a return
may be made showing the jurisdiction End
authority under which the relator is held in
the absence of the body. That I think is
about all can state in regard to the matter
and our application is that the case may be
lald over until such time or hour as may
enable us TO get, If practicable. the action OF
me House In regard to the matter OF the
return.
The Court. Have the counsel for the peti-
TONER anything to say with reference to the
application for postponement
1t being suggested that none Of the counsel
f0r the petitlonei were present, the Court
directed them to be sent for. In few min
utes Messrs Carpenter, ETdredge Voorhees,
Jehries and Davidge, counsel for the petit
tloner, entered the court room.
After some consultation, Mr.. Voorhees,
said Upon consultation it Is ascertained
that Mr.. Carpenter has an engagement on
Monday in the impeachment matter before
the Senate, and has an engagement in the
supreme Court on Wednesday. have some
matters in hand that cause me to contem-
plate trip west. We have, therefore come
10 the conclusion TO submit this proposition
that the counsel for the respondent make
their return on Tuesday next, and we meet
the court and the gentlemen on Friday next
prepared to argue such questions as may
arise.
The Court.-We will dispose OF the future
when we meet on Tuesday, if IL be agreeable
10 the counsel. One OBJECT Is to ascertain
whether we have or have not the possession
OF case. We have not gotten into that con-
ditiOn of thing as yet. The writ is out, and
II is uneXecuted. This is consideration
purely TO accommodate the circumstances of
making response to the writ, aud when we
have met that question we will dispose OF
the balance. We will postpone the further
consideration OF the matter until 10 O'Clock
on Tuesday next.