Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-20
tThe HaItet KilbOurn Case UP Again.
HIS ACTION FOR FALSE IMPRISONMENT AGAINST TX
SERGEANT-AT-ARMS John O. THOMPSON

| Late yesterday afternoon, In the Circuit
Court Judge Macarthur, the case OF Hallet
Kilbourn against John G. Thompson, for
| merry Sergeant-at-Arms OF the House OF Re-
i presentatires-action for false imprisonment for
| slooOUo-was taken up. 1t win be remembered
that In the early part of 1876 committee OF Con-
gresS-John NJ. Glover, j. ID. New, Burwell B.
Lewis and A Herr Smith-being engaged In inves-
tlgatng certain alleged Transactions OF the board
| OF public works OF the District OF Columbia and
the so-caled sreal estate pool" the plaintiff was
| called as witness, and certain books OF the firm
| OF Kilbourn Latta were called for which he re-
| FUSED TO produce. For this he was taken 20 the
ah par OF ane House and failing TO respond to the
contempt and committed 70 the custody OF the
| oergeant-at-Arms on the 14th OF March, 1876,
and confined In the jail until released through
a writ OF habeas corpus by Chief Justice
carter. On August 9th following (by Messrs
against Speaker Kerr, since deceased, and the
other parties and in the Circuit Court pleas were
MED that the imprisonment was In She power of
| the House OF Representatives,. To these pleas the
piantin demurred and the demurrers were over
ruled The case then went to the Supreme Court
Judgment below as TO all the parties except Thomp-
son ana relnanded the case, which now comes up
as against Thompson. Messrs. d. W. voorhees,, n
L. Jeffres, Jere Wilson and E. Totten now appear
| defendant.
| Nothing was done in the case yesterday other
than to eInpannel a Jury. and the law in the case
| having been settled by the Supreme Court of the
United States nothing is now left for them except
| TO assess the damages
Mr.. ToTTEN's ARGUMENT o-pAY.
On the opening Of the court this morning Mr.
Totten, for the plaintiff, opened the case
10 the jury, saying it was somewhat unlike
| the usual caseS-between man and man-brought
Selore the court The facts were that Mr. Kill
pourn, In 1876, being an orderly, peaceable citizen
engaged In the real estate business the 14th OF
March or that year was seized and incarcerated
In the county jail for the space OF IS days This
| suit was instituted about Six years ago. and its
history was that after his arrest he petltioned for
e hg Of wne
divided court for defendant and the
States, where the plaintiff obtained decision in
his favor in the face or decree OF that court made
nity years ago In case almost precisely similar.
Out OF the refusal OF the plaintiff before COM
mlttee OF the House to expose his private business
this case had grown, and this was the last final
time Mr.. Kilbourn was an orderly, peaceable man
and was kept in the jail debarred from
friends and family, and his health was impaired,
which rendered 1t necessary to expend large sums
| OF money. Mr.. Totten then read from the decision
OF the supreme Court of the United States on the
case and said the case would be submitted to
them that they might assess the damages 1t was
time that this question was settled, for Congress
had sent Messrs Ramsdell and White to 1aii, Pat
woods to dungeon, and others had been
confined, but none had dared attack their
power until Mr. Kilbourn had been incarcerated.
twelve honest citizens appreciate this outrage and
will give verdict accordingly.
Mr.. KILBoURN'S TESTIMONY.
MI. kilbourn was the first witness, and he testi-
fled that at the time he was of the firm OF Kill
bourn & Latta, real estate agents. brokers' &c.
that on March 18th, 1876, he having been sum-
moned to the bar of the House, was arraigned at
the bar for contempt In refusing to produce before
committee the private books OF the firm:
that after the passage of the resolution of the
House, Thompson approached him. took posses
sion OF him nd witness went to Jail in carriage.
having been arrested about O'clock, and, after
a L.. "A iat1n
that the first night he spent in the warden'S Office
and policeman sat in the room, he believes, from
changed about 1 O'Clock, which disturbed him
somewhat On the following day he complained
to Mr.. Thompson that the guards there
made 1t appear that he was murderer,
and this was rectifled He spent half d
dozen nights In this roOm but the guards were out
In the hall. The windows of this room had iron
rods outside. Afterwards they fitted up room in
the second story, which had been used as the ply
scian's room, with that adjoining for him and his
guard, the assistant sergeant-at-arms. The door
was not kept locked on him down stairs, and when
he went up stairs the officer remained with him.
The windows were iron grated. After spending a
week or ten days he was moved up to a large room
in the third story, where the balance OF the time
was spent He could have walked out in the cor
rdorS with his attendant, but could not get out
Thinks he remained until April 18th, when he was
discharged by writ OF habeaS corpus from this
court. Did not think he was in as good condition
| when he came out as when he went In. Could see
prisoners there confined for crime, and there were
ssme Sen e,, IN IN IT,, the the adjoining room; saw the
Capitol waving as the emblem OF the rights OF the
citizen. {Mr. Smith-You are wandering from the
issue Mr.. Totten-Are you ashamed OF the flag y
There were in the vicinity the pest house. small
pox hospital. poorhouse and grave yard-not very
charming objects. The worry and anxiety had an
erect on his health, and he was advised TO 60 10
the Pacific coast for the benefit OF his health, by
his physicians. He left In the following August,
and was absent till October.
''T0 what expense were you put, Mr. Kilbourn p,
asked Mr.. Totten.
The defendant objected, as special damages
N 10
The court ruled that they could prove the
employment OF a physician, &C.
Mr.. kilb0urn continued and said he employed
DIR. Buikley, who visited at the Jail, and the ex.
penSeS or the trip to California were considerable.
He expended IN consequence of this grievance
otherwise have expended. His business was very
seriously impaired its effect being to wind up the
business. The inquiry provoked comment ali over
the country and business dropped of right away,
and his credit was injured. The business OF the
firm had been the largest in that line in the
city.
MIR. Totten asked what were the prontss
Mr.. Corkhill objected, and the court sustained
Mr.. Totten asked that the declaration be
amended SO as to embrace this point
h, Inc me- QUIZ W. more 40 you want than what
porous, and broken up. You had better go on.
MT hilbourn t M continued.-Was in the real estate
Mr.. Totten.-Did you obtain your meals at the
Mr.. Kilbourn.-I paid most OF my board there.
The guard were quite companionable, and they
sat at my table and lived we'll They Improved on
it
Mr.. Totten.-You were fattening up the whole
police force.
Mr.. Ktlbourn.-A portion OF them.
CroSS-examined by Mr.. Corkhill.-Was before an
investigating committee OF the House on the real
estate pool; declined to produce the books; was
taken before the bar OF the House. and refusing to
produce the books he was taken to jail. Mr..
Thompson was entirely courteous, and treated
him as the guest OF the nation; no fndignity was
offered him; witness friends were not debarred
from visiting him there The troubles OF the firm
grew out In part OF the depreciation OF real estate
which followed the failure OF jay Cooke Co.
TESTIMONY OF MR.. oLAsTEAD.
Mr.. John r. Olmstead was next called, and test,-
fed that Mr.. kilbourn's apparent condition when
put In jail was very good, and when he came out
he was quite broken down In health and spirits.
The Imprisonment Of Mr.. Kilbourn had an injuri-
ouS effect on the business.
AS TO DIsAGRREMETTs OF THE FIRM
On cross-examinatiOn witness was asked II It
were not true that the immediate occasion OF the
dissolution of the firm OF Kilbourn 4 Latta was a
disagreement between NeSsrS Kilbourn and Latta
Mr. Olmstead replied that this very disagreement
grew out OF the imprisonment Mr. Corkhill asked
II there was not at that time great depression OF
real estate In the part Of the city where the nrm
largely tnteYeSted3 81 DOM think q