The Evening critic., 1882-04-20
KILRouRN,s CLAIM
For Damages for False 1mprison.
mont.


As stated In THE CRITIC the suit OF Mr.. lI,y-
let kilbourn against Mr. John G.. Thompson
was commenced yesterday afternoon In tho
Circuit Court before Justice Macarthur. The
action YVES originally brought against Michael
G. Kerr, John O.. Thompson, John N. Glover,
Joptha D. New, u. b. LOWS and a, Horn Smith
for 100000 damages, and relates back to tho
time when the Board Of Public Works held
sway over this District.
IN January, 1876, Hon Michael Korr was
speaker Of the House Of Representatives, Hon.
John G.. Thompson, scrgcantut-Arms OF the
House of Representatives, ana Hon. John NJ.
Glover, }. ID. New, u. j.. Lcwls and A. Herr
Smith composed n special committee of the
House, appointed 10 Investigate what was
known as the Real Estate Pool OF this District.
Mr. Ilallet kilbourn was called, among other
witnesses, and examined ut some length. He
was then directed 10 bring before the com
mittoe tho books OF the firm OF Kilbourn &
Lalta, Witch he refused TO do. He was re-
ported TO the House, adiudged to be I'm con
tempt and placed in the custody OF the Sor-
gcant-at-A1ms, to remain until purgod Of that
contempt. That officer committed him to Jail,
where he was confined for forty-nYe days and
released on writ Of habeas corpus by chief
Justice Cartier, April Is, 1876 Mr.. Kilbourn,
feeling himself aggrlevcd, on tho 9th OF Au-
gust, 1876, Instituted suit against tho speaker,
Sorgeant-at- Arms and the committee, claiming
$15u,O0O damages f0r Illegal arrest, false i'm.
prisonment and injury to his business and
reputation In this community. Special pleas
were fled In answer by the committee that the
commitment was by order OF the House and
not their action, and by Mr.. Thompson that he
only executed the orders of the House as its
officer.
The plaintiff dcmurred' to the special pleas
and the question was considered ON the de-
mulrer, which was overrulcd by the Circuit
Court. II was thon appealed to the Supreme
Court Of this District, and the judgment sus.
tained The plaintiff carried his case to the
supreme Court Of the United States, which
gave u decision Affirming the Judgment
of tho Court in Banc Of this District,
overruling the demurrer to the plea of the
defendants. Glover, New, Lewis and Smith,
but as TO Thompson the Judgment was re-
versod with costs, and that the plaintln was
entitled TO receive from him S72 AZ. The case
was remanded TO the Court OF this District for
further proceedings as TO the dofendnnb
Thompson.
Senator D. W. Voorhees,, Hon. n. L. Jefrrles,
Mr.. Jere Wilson and Colonel Enoch Totten are
the attorneys for the pfaintlm, and District
Mtorney corkhlll and Mr.. W. H. Smith for the
defendants.
The Testimony To-day.
The case was opened this morning by Colo
mel Tottcn, who recited the circumstances in
connection with the arrest and confinement
heretofore publishdd.
Mr.. Haliet Kilbourne the frat witness
examined, and testified that when arrested he
was member of the firm of Kilbourn Lattn,
realpstate agents, brokers, &c. He then gave
an account OF his being arrested for contempt,
taken possession of by Sergeant-at-Arms
Thompson and confined in Jail. lie re-
mained there until April =, 1876, when he
was discharged on writ of habeas corpus.
He did not think he was In as good a condl-
iipl NlAth llc tihc oub uS Nlltit ne Ntul III,
and he was advised to go to the Pacific coast
for the benefit of his health by his physician,
which he did, and was absent about three
months. His expenses IN consequences of his
arrest were considerable, and he had ex-
pended large sums of money on account of
this grievance. His business was impaired
seriously. The Injury provoked comment all
over the country, his business dropped off i'm
mediately and his credit was affected by 1t.
He was In the real estate business until
1879. He paid for most of his board while
confined. Tho guards We're quite companion
able and ate at his table ana improved on the
food.
On cross-examinatiou witness declined to
produce the bonds before the committee, and
for refusing he was taken to jail Mr.. Thomp-
son was always courteous and treated him as
Il guest of the nation. No indignity was
offered him.
John L. Olmstead, of the firm Of Kilbourn &
Latta, testified to how the business OF the
firm was broken up and utterly destroyed by
VIM. Mattingly, esq, attorney fol- the plain-
tlfr, testified 10 tho injury done the business
of Mr.. Kilbourn and to his health so far as OBJ
scrvation extended, with the understanding
that Dr.. Buckley, tho physician, and Mr.. II.
NJ. Hutchinson, who knew Of Mr.. Kllbourn's
condition, should testify. When they arrived
the complainant closed his case.
District Attorney Corkhill made the open
ing for Mr. Thompson, and held that the de.
| fendant was not liable. He then proceeded 10
show that he was an officer of the House OF
Representatives, sworn to execute its orders,
and in taking Mr.. Kilbourn into custody, aud
| holding him in confinement, he only obeyed
mandate Of the House.