Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-19
The kilbOurn Habeas Corpus.
Proceedings ia Court TODAY.

This morning, % the Circuit Court room,
there was a very large attendance, especially
OF members of the bar interested in the pro-
ceedlngs before Judge Cartier under the writ
ofbabeas corpus Ia the case OF Mr.. Hallet
kiIhourn, the recusant witness in the Con
gTessiOl al investigation of the District X sal
Estate Pool. Mr.. KilbOurn was In the court
room early, having spent a night at home
Instead OF at 1.-The Bastile' as for the last six
weeks. MessrS. Shellabarger and CbriSty
with Sergeant at Arms Thompson. the re-
SpondeHt, were on hand. and Mr.. kiioOlrn,
with his counsel j udge Black. Gen. JearieS.
MessTs. Eldridge, Voorhees,, Carpenter aud
Dsvidge), were In court at few minutes
past ten o'clock. Judge Wylie occupied a
seat on the bench W tn Judge Cartier.
On the question being asked as 10 whether
the counsel was ready To proceed
NJ. Carpenter read the
REPLY OF KILBOURS
N The return of respondent rnOmDSOul as
follows: The said Hallet Kilbourn in reply
10 the return Of John o. Thompson, Ser
geant- at Arms Of the House Of Representa-
lives OF the United States OF America, to the
writ of habeas corpus in this case, suggests
that the Hon. Michael c. Kerr, Speaker of
the House of Representatives Of the United
states of America, on the l. TN OF March a.
ID. lS1G, made certain certificate In writing
under his hand, sealed with the seal Of the
said House OF Representatives, TO the Attor-
ney OF The l n1ted States for the District OF
Columbia, a copy OF which is attached To the
petition OF him, said KilbOuTn, for the writ
OF haheas corpus in this case, marked eXlib-
considered as part of this suggestion with
The same effect, although the same were
here again repeated In foil. Aud
States for the District OF Columbia having
received said certificate, after wards laid the
same before the grand jury Of the UnitCi
States of the Supreme Court of said District
Of Columbia inquiring within and for aid
District OF Columbia; and that thereaftes,
tO wit, on or about the 22d day of March, A.
ID. 1876, the said grad jury did present to said
SunTpmp en- m
then sitting in the city Of Washington, IN
the District OF Columbia, a certain bill OF in
dictment, copy Of which is appended.
That upon the exhibition and finding of said
Indictment q bench warrant was issued ont
OF said court FOR the arrest Of said Kilbourn
10 answer said Indictment, and the marshal
made return thereto, as appears on record
in said court, and the said KiIb0urn
asks that said warrant and return NAV
be considered part of this sugges-
And the said Kilbourn further suggests aud
represents that tie said bill Of indictm ant is
Still pending in said court, as appears oy the
record thereof remaining in said court; and
that the said kllbOuTn mas never been ar
raigned nor put to TRIAL thereon and ne, TIE
said ktlbourn, prays that he may be al
United TO bail TO appear aud aus Wer said in
dictmfnt according 10 law, and that upon
giving such bail as may be ordered in the
premises that ne said kilbOurn. may by dis
charged from present and actual custody.
HALLET kTLEOURN."
The District Attorney, Mr.. Wells, was
called To prove that the proceedings set
:orth had been had, aud he so testldei.
MOTION FOR BAIL.
Judge Black moved that Mr.. KilDOuru be
admitted to bail, aud he briefly stated that
Mr.. II. was before the court in custody Of an
officer OF the court, and an Indictment hay
Ing been found against him he should be held
20 answer. lie saw on the other side, gentle
men Who would oppose the motion, and he
asked, whom do they represent? Not the
United States. for an officer IS here 10 attend
% its interests. They do not represent the
House of Representatives,, for that OOiy has
20 such power, aud that body ha1 To- Il vote
pf two 10 one directed Mr.TuOmp,Ja ID 1rIrg
The prisoner mere, that lie laT may h- COM
Niicd with. Do they represent NJ Teglp-
sOE? TBis gentleman has no interest I2 re
mater. he makes nothing, whether Nj y .!
5Cuu lives At al expense Of - per IA p 81
over. or at a. expense OF - pc day. I1cu
'erhapS they are ia the interest OF some
foreign pOtentate. II was q COINCIDENCE that
almost simultaneous with their appearance
mere the arrival OF the Emperor OF Brazil
vas announced in this CuunIry. Sill my
could not appear FOR him, as he was z nile
mSn who minded his own business aud
directed no subjects but his own. Then tley
must appear for some one, perhaps fOT sOrIe
urivate citizens who have grufge ag8iuS'
Mr.. hilboGTa. and who now think they have
"im In their power.
TuG MoTfoN FOR rArf DISMISSED.
The court remarked that the great q s.
lion was as 10 the power 81 tne II cue Of
Representatives in the matter, al il was
not for him To inquire as 10 how the gentle
men were retained. lie desired To hear the
whole case, ard wOIld dismiss the motion.
KILBOURNS COUNSEL,
Judge Back said that he had hoped that
the other side would have replied ana showed
their authority, and he would acknowi etge
thPt the less authority they had the more
meritoriOus would be their conduct. Laugh
teri
Mr.. Carpenter read the sixth amendment
TO the constitution OF the United States, and
proceeded to argue that the relatOr h had
the right 10 speedy trial. He cont ende,.
that the question was not as to the pO Yer OF
the House TO punish contempts generally,
but as to its power in this particular case
Mr.. Shellabsrger, for the relator Mr..
TbOmpsOn), followed in lengthy argument
as TO the powers of the House.
Investigation" the Board OF HeaIih.