National Republican., 1883-11-03
THE COURTS.
Conclusion Of tho Testimony in tAs ElOourn
Case-The Prayers Submitted
Other business Transacted In the Various
Legal TribunRls-Thc Record
MR. K1LnnunN,s CASE.


curacles while Mr. Kilbourn was in his.cus-
tody lie said that Mr.. Kilbourn had been
allowed to 10 to and from his home with
deputy with him. Mr.. Corkhill said that
this was mere nominal custody. Mr.. Voor-
hces said that he did not want anyone to
control him in that way.
Mr.. Freuud testified that the articles set
out in the bill were furnished to Mr.. Kill
bourn at the jail.
Mr.. Williams, chairman of the committee
on accounts, gave him an order for $50 for
furnishing his meals Mr. Olmstead paid the
rest.
"Mr. Williams was one of Indiana's distin-
gushod sons" observed Mr.. Corkhill, glancing
at Senator Voorhees,.
$50 is Judge Wilson there" retorted the
senator "They are lying all around here"
The witness said he stopped furnishing the
meals when Mr.. Glover, of Missouri, asked
him for his bill,
Mr.. John Bull, bookkeepor Of the firm of
Kilbourn & Latta, was called, and went over
the books of the firm, showing that Mr.. Xii
bourn's share of the profits from commissions
in 1874 was S50T62; in 1875, excluding an
item of $40, sOS45 for care and management of
the property Of the real estate association for
four years, Mr.. Kilbourn would have had to
contribute Sl,0S0 rs his share of the loss
From Jan. to March II, 1876 his share of
profits on the commission account was S30l.S7
The examination did not 20 into the gains on
property bought and sold by the firm on their
own account or on joint account
This closed the case for the defense, amp
Mr.. Thompson was recalled by Mr.. Voorhees,
for the purpose of asking him his reCollec-
tion of q resolution offered by Mr.. Glover in
the house. setting out that the treatment and
diet furnished Mr.. Kilbourn was destructive
of all Jail discipline" and authorizing the
sergeant at arms to contract with the jaior
to furnish Kilbourn with the same prison
fare as is furnished other prisoners Mr..
Thompson did not recollect this resolution,
which Senator Voorhees, read from the Con-
gresstonal Record. Tho senator, however, read
from the Record the fact that tho vote to sus.
pend the rules and pass the resolution was SO
yeas and 80 nays, but the resolution was not
passed. as it did not get the necessary two.
thirds vote.
Mr.. Olmstead was called to rebut the testi-
mony of Mr.. Bull, but objection was made
Mr.. Kilbourn was then called and asked rs to
the length of time he was before the house
This closed the testimony. Judge Cox said
that he understood that ii was agreed that the
plaintiff was entitled to recover actual dam.
ages received in his business and in his health
If his business was broken up he is entitled Ia
recover what actually was destroyed. The
principal question in the case was, whether
he was entitled to something more than com
pensatory damages. If the injury inflicted
gard of the rights of the person injured, then
the jury could give exemplary damages. II
there was no malice or unnecessary harshness,
then it was a case simply for compensatory
damages.
number of prayers were submitted by the
defense, and the case adjourned until Mon
day.
UNITED STATES SUPREME COURT.
Tho proceedings of the United States su-
pDurt to-1py ware ag fOllOws.
Frank ii. Clark, of Plankinton, OAK, was
admitted to practice. rtI.-.
No. 3. Original. Elk parte. In the matter
III tho state of Iowa petitioner.
No. A. Original. Ex parte. In the matter
10. the state of Illinois petitioner. Argument
concluded.
No. II. George A. Cunningham, appellant
VS.. The Macon and Brunswick Railroad com
pany ct al. Argument commenced. Ad-
Journed.
GENERAL NOTES.
In the criminal court yesterday Mr.. Cahill,
yesterday ex-Detective Acton, renewed his
motion that the case of Mr. Acton be set for
trial. After some discussion the case went
over, there being such press of business as
not to allow the case to be assigned.
Benjamin L. Baker yesterday made an as.
signment to Joseph d. Baker for the consid-
Grafton of 81, and part of square 9O7, of oil
goods and chattels of his store No. 709 and III
l. street southeast for the benefit of hi.
creditors. Liabilities, $7,54s.37.
Tho last will of Francis p. Wheatley wa:
filed yesterday. To his daughter Marion and
his granddaughter Martha is left $1,000 each
beside their shares in the estate. The estate
is to be divided equally between his heirs and
relatives. Messrs. Samuel E. and Walter f
Wheatley are named as executors, and are
empowered to sell estate and make the divi
sion.
In the criminal court yesterday, Mr.. David
Naohman was excused as a juror, and the
clerk directed to ill the vacancy.
THE RECORD.
Courifn General 7erm-Caief Justice Cartier Jus
ices James and Hagne., ,--keyser vs. Rutherford
Criminal Court-Jtidoo Jamss--wash. Merrideth
robbery; arr and p; u; g.; James Connolly, LARCENY
MsnT Rays arsenv sss t 8er 70 o. Gi
to jail for 8 mos; Frank shullies, embezzlernent
Pr 9. Withdrew ana ?. &. entered; sen: 70 iai
e.; mo. for n. t. John Block, two cases; H. B. nollt
pseseoui John spedden larceny; mo. for Mt.
Ct'ean Court-Jadoe Cor.-Kilbourn vs. Thomp
son test all taken, and adjourned until Monday
Equity Court-Judae MdcArtsur. .--Rohrer VS.
Langhorne; dis. Of cause ord. Sunderland VS.
Alley; ap. Of alb. def ordered, HGyman vs.. Hay.
man rule rat, Stewart VS.. Smith bill suS. ant
deed set aside. Adjourned until Monday.
Probate COurt-JudQe Iiaoner.-Will and codicil
OF Francis Wheaney filed, fully proven. aud letters
testamentary issned to the executors on bond b
$4,000. Estate of Theodore A. Olendinger; proc
ofpublcation filed, will admitted to probate, and
letters testamentary issued 10 Alice NJ. Oftendin
ger on bond of $1,000. Estate of Daniel Moore
order Of publication issued Estate OF Catherine
Wagner; will proved. Estate of Patrick +. McCar
thy petition of executor to sell l,l0O District o
Columbia 3-05 bonds granted. Elisabeth Cow
ling, guardian OF Robert, Carrie, and Nettie Cow
ling petition aud order of application. Estate o
Estate of John A. Schnapp; executor bonded ant
qualified. Estate of Benjamin r. Nefi; order o
publication. Harriet II. DAWSON, guardian o
her daughter; petition and order of application
Mary e. Hill, issued to show cause, returnabn
Eov.9 number of accounts were also approved
and pissed.
S76S. P. NJ. Barber and Samuel Ross VS.. Ann AM
John Burk; to declare mechanics lien and
sell lot SO, square Al A. b. Duvall, solicitor. s77s
The National Savings Bank VS.. Chapman ct nj.
1862 W. X. Laurie VS.. Pinkney West and Josepl
White admrs.; due bill for $500; Med Caring
ton, attorney. 2iS1b. Hiram W,Webster VS.. Alfre
w. Morgan; note for $1,000 WorIhington an
lieald, attorneys,
COURT CALL.
Court in General IerHl-Chief Justice Cartier an
Jlstice James.-For MonIay, Nos. II, 10, %, "a, .
Isquiiy Court-Judge Janpes-lfonday, no assigl
lleut
C6ruh Court-Judgc MaoArthur-For to-day, dc
murrer.
lrimhal CoGrt-Judge Wyie.-Assignmen vi
changed.
----S~--
MRrlni's Academy.
Mr. J.. G.. Marini's Saturday evening r,
unions of advanced pupils will commend
this evening at 1880 o'clock. All modern an
fashionable dances will be introduced, il