Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-11-02
THE KILROUElN SUE
The Testimony All In To-day.
MERE NOMINAL CUSTODY"

against eN-Sergeant-at-Arms John G. Thompson
was resumed before Judge Cox, in the Circuit Court
this morning. MIR. Geo. W. Phillips, who was, In
the spring OF 1876, at the time OF the habeas corpus
proceedings by which Mr.. KBbourn gained his
liberty. deputy United States marshal for the Dis
uict. was called to the stand for the defense He
testified to the occurrences while Mr. Kilbourn was
In the marStalS custody. deputy was placed
with Mr. kilbourn and remained with him all the
time, though Mr.. klbourn was allowed 10 go back
and forth from his house.
Mr.. CoIkhill having remarked that this was mere
nominal custody, Senator Voorhees, Observed. .you
may call II nominal. but / don't want anyone to
control me In that way, or anybody else who was
born free"
WHO PAID THE CATERERS BILL.
MI. Freund, the former caterer OF the House. who
served Mr.. knbourns meals at the jail during the
first part OF his confinement. was then examined.
He said the reason he supplied so large an amount
OF food was that Mr.. kllbOurn had company. The
witness said that Representative Williams, chair
man OF the committee Of accounts, gave him an
order for s6s for furnishing food to Mr. Kbourn and
his guard while Mr.. Kibeun was confined. Mr.
OlmStead paid the rest of the bill.
"Sixty-three dollars was Mr.. Williams notion Of
what should be paid?" asked Mr.. Totten.
'YeS," said the witness
INDIANA's DISTINGUISHED SONS.
"Mr. Williams was one of Indiana'S distinguished
sons,' observed Mr.. Corkhill, glancing at Senator
Vorhees.
$50 is Judge Wilson there" retorted the senator
The witness said he stopped furnishing the meals
when Mr. Glover, Of Missouri, asked him for his
bill.
KILBouRNs BooKKEEPER ON THE STAND
Mr.. John Bull, formerly clerk and bookkeeper for
Kilbourn Latta, was the next witness
The witness went over some OF the books OF the
firm. showing that Mr.. kibourn'S share OF the
profits from commissions In 1874 was s5c762 in
1875, excluding an item OF S26, 500 A. for and
management Of the property Oh the real estate
cation for four years. Mr.. Kilbourn would have had
to contribute 10s0 as his share OF the loss. From
January 1st TO March 18th, 1875, his share OF profits
On the commission account WAS S;sG4 81. Theexam-
nation did not go into the gains on property bought
and sold by the lir1n on thcir own account, or on
Joint account.
When MIR. Bull left the stand Mr. Corkhill an
nounced that the OF the defendant was closed,
saying, by force of habit, that ''The case OF the
government is closed"
MR.. THOMSON RECALLED.
Mr.. voorhees, then recalled MI. Thompson for the
purpose OF asl ing him his recollection Of resou-
ton offered by Mr. Glover in the House, setting out
that the treatment and diet furnished Mr. Eibourn
was dcstructve Of all jail discipline" and author
king the sergeant-at-arms to contract with the
jailor to furnish K1lbourn with the prison fare
as Is furnished other prisoners. Mr. Thompson did
not rec0llect this resolution, which Senator Vo0r-
hees read from the Congressional Record. The
Senator, however, read from the Record the fact
that the vote to suspend the rules and pass the
resolution was s6 yeas and 50 nays but the resou-
ton was not passed, as it did not get the necessary
tWO-thfdS vote.
recess was then taken.
MIR. OINsTEAn ON THE STAND.
After the recess Mr.. John +. OlmStead, formerly
q member OF the firm OF kilbourn Latta, was
called to the stand a witness to rebut the testi-
mony OF Mr.. Bull. Objection, however, was made
to his going into the matter OF Mr.. kDourns bust
ness other than the commission business testified
TO by Mr. Bull. The court remarked that Nj. Bull
had testified TO the profits only of branch Of
the business and MIR. kilDourn had the benefit Of
his own testimony as to the other branches OF the
business.
TIE EVIDENCE CLOSED.
Mr.. Kiibonrn was recalled to the stand and asked
by Mr.. Totten as to the length Of time he was kept
before the bar of the House, and about women oc-
cupy1ng room adjoining his at the Jail, but
neither question Was admitted
the evidence then. at quarter past one O'Clock,
was closed.
Mr. Corkhil stated that if the court intimated the
view OF the law taken by the court the defense
might deem 1t advisable not to argue the case
VIEWS OF THE COURT.
Judge Cox said that he understood that It was
agreed that the plaintiff was entitled to recover
actual damages received In his business and In his
health. If his business was broken up he is entitled
to recover what actually was destroyed. The prin-
cipal question In the case was, whether he was en-
titled to something more than compensatory DAM
ages. II the injury inflicted inflicted with ma
lice or Wanton disregard Of the rights of the person
injured, then the jury could give exemplary DAM
ages. II there was no malice or unnecessary harsh
ness then it was case simply for compensatory
damages.
'Then." said Mr. Corkhill, ''the defendant is will
ing TO submit without argument"
SENATOR VOORHEES, ACCUSES MR. CORKHILL OF
"J0CKEYING."
Senator voorhees, had some discussion With MI
Corkhil as to the question OF the arguments MI.
COrkhill said that he reserved the right to argue
the case after hearing the opening argument, If he
thought best. senator voorhees, referred to this
action OF counsel for defense as jockeyng" before
the jury. He said he had no apology to make to
the court or jury Tor wanting to argue question
m'oNlng The question OF human liberty.
ADJOURNED TILL MONDAY
After further discussion Mr. COy1e read num-
ber OF prayers submitted by the defense, and the
court then adjourned Till Monday, when the argu-
mentS will he made.
The Orange Riot at Londonderry.
MOB OF oRANGEMEN FIRE ON NATIONALIST
PROCESSION, FATALLY woUSDING MAN AND A
BOY.
A large number OF Orangemen took possession OF
the city hail in Londonderry yesterday In order to
prevent the lord. mayor Of Dublin, for whom the
hall had been engaged, from delivering lecture
upon the franchise. large number of Nationalists
met at the railway station and escorted the lord
mayor to the hotel. The procession displayed green
banners and the bands played Irish national airs.
The Orangemen planted Union Jack on the roof
OF the city hail. and fired upon the procession when
II passed, and threw stones from the windows and
roofs OF the buildings A man was fatally shot In
the face. and boy in the eye The procession dis
persed after reaching the hotel brt angry crowd
SIrged around the city hall. which they stoned,
breaking the windows The police charged the mob
and cleared the streets. The military were called
out and paraded about the city. The Orange
men Withdrew from the City hail, and the corpora
ton, at meeting. rescinded its resolution rent
the hall for the lecture OF the lord mayor The
latter however. delivered his lecture last evening
at the National Institute. Quiet was restored in the
city last evening. One OrangcInan has been az
rested for shooting the man and boy, who are in
precartouS condition.
THE SOUTHERN MARYLAND RAHROAD.-The con.
tract entered into last summer between the bond
holders OF the Southern Maryland railroad COM
pany and Mr. Middleton. Of Philadelphia, by which
the latter agreed pay the holders so cents the
dollar for these bonds, has been broken, Mr.. Mid
dletOn lOSingby his failure TO comply, the amount
some thirty or forty thousand dOllars-which he
had expended In the construction OF the road from
BenningS bridge as far as 1t has progressed to-
wards BraDdvwine.
A Rich MAN MURDERED BY HANDSOME WOMAN
Nellie c. Bailey, charged with the murder of
Clement Bothemly, in Indian Territory, on the
7th ultimo, was held in Wichita, Kansas yesterday
by Commissioner Sherman. The prisoner is a
handsome and welieducated brunette of q years
She met BOthemly, rich Englishman. at ST.
Louis, and arranged with him to go to Texas and
start q sheep rancho. Before they started she got
deed for his lands in Kansas, valued at $4,000,
and while passing through Indian Territory, en-
route to Texas. she Shot BOthemly through the
head. She then took possession OF his trunk, con-
Gether with his outfit, consisting of sheep and
Stn Uorfh mo b1,r;a Ia 1O<7v Cly.aro