National Republican., 1883-10-29
HALLET KILBOURN'S CASE.
His Suit for $S5O,OOO Damages to be Tried
To-Day.
Brief History Of tho Cnsc-The Action Sat-
urday-Othor Legal Matters.

decided public interest The history of this
case briefly is this In 1874, during tho i'm
vestgation of the board of public works,
which eliminated in the repeal of the terri
torial bill and the passage Of the net giving
the district government board OF
commissioners, considerable reference was
made to the real estate pool" which
controlled large amount of ground in the
northwestern section of the city, and MIR.
Kilbourn was summoned as witness and
interrogated as to who composed the pool for
which he and his partner, tho firm then
being Kilbourn & Latta We're the agents. lie
declined to state and he was asked to bring
his books and papers, so far rs they related to
the transactions of tho pool, before tho conf
mitteo for their inspection. This he declined
to do, and the matter dropped.
In 1876, the great Investigator, John NJ.
Glover, secured tho appointment of q COM
mittee to investigate the real estate pool,
upon tho assumption that there was some
connection between the failure of the firm of
Jay Cooke g. Co., who were said to be large
debtors to the government and the transac-
tions of the pool. Mr.. Kilbourn was again
summoned, but again declined TO testify in
reference to the private business relations of
the firm, alleging that they should be treated
rs of the same confidential nature as
tho relations between lawyer and
client, and also refused to submit his
books and papers. The committee re-
ported to the house and o resolution, direct
ing the sergeant-at-arms to arrest Mr. Kill
bourn and bring him before the bar of the
house, was passed. He was arrested but still
refused to answer unless some responsible
member of the committee would allege fraud
on the government in connection with the
business of his firm. He was then taken to
the district jail, where he was kept impris-
oned until after the adjournment of congress,
nT mn WI rRlpnspI
Judge Cartier on writ of habeas corpus.
At the time of his contest with the commit
tee Mr.. KilbOurn consulted eminent legal
authority, and both Judge Black and ex-
Senator Carpenter advised him that the po-
sition he maintained of vindicating the legal
principle that mans private papers and
business are sacred was correct though they
both believed that the house of representa-
tves was too powerful a body to fight
against, and thought that writ of
habeas corpus would not succeed. 1t
did, however, and he was released,
as has been stated. After his release
Mr.. Kilbourn addressed a letter to the speaker
of the house of representatives, offering to ap.
pear and testify and to submit his books and
papers, with tho understanding that if it was
found there had been no fraud upon the gov
ernment, a report should be made, but with
out printing anything from his books or pa
pers in such report. That letter was read by
MIR. KilbOurn then instituted n suit for
false imprisonment against Sergeant-at-Arms
Thompson in the supreme court of the Dis
trict of Columbia, claiming S150,0O0 damages
Justices Cartier and Wylie sustained Mr..
kilbourn's position, but Justices Olin, Mac
Arthur, and Humphreys held that the suit
coud not lie. From this decision Mr.. Kill
bouru appealed to the supreme court of the
United States, where the case was fully
argued, and an unanimous opinion rendered
that the house had no right to imprison Mr..
Klbourn; that Mr. Thompson was liable for
>,lN- ages and remanded The case for trial
The trial took place in April. 1882, and re-
suited in an award by the jury of 100000
damages.
This verdict was set aside by Judge Mac
Arthur on the ground that the damages were
excessive, although, in his opinion, he stated
that upon fuller presentation Of the case
Mr. Kilbourn might be entitled to rs large
if not larger, sum.
Mr.. Kilbourn's counsel within the twenty
days that were allowed to file an amended
bill did SO, increasing the amount claimed TO
a3jO,000 and it is this case which will com
mcnce to-day.
On Saturday an order was made by Justice
Cox, without objection, for the plaintiff to
produce to-day all ledgers of the firm Of Kill
bourn & Latta for the years from 1873 to
1876, with balance sheets, showing the condi-
Mr.. kilbourns counsel are Gen. n. l..
Jeflcries, Senator d. w. Voorhees,, Hon.
Charles A. Eldridge, and Col. Enoch Totten,
. Mr.. Thompson is represented by District At
torney Corkhill and Messrs. Shellabarger and
Wilson.
GENERAL NOTES.
Tho case of the United States against
Henry w. Howgate and w. B. Moses was
taken up in the circuit court on Saturday
and an order made directing MessrS. Fitch
Fox and Brown, trustees, to pay certain
money in their hands to the marshal, and he
apply as much of the same as may be necc j.
sary to the satisfaction Of the unpaid balance
of tho Judgment in favor of William b
Moses in ono case and apply the residue to.
ward the payment of u Judgment in another
case in which Moses is plaintiff Tho order
also directs the vacating of the Judgment OF
condemnation of certain credits attached in
the hands of James b. Winner.
In the case of Clinton Parkinson and wife
against the metropolitan Railway company
for $4,000 damages for injuries recev ed by
Mrs. Parkinson by being run over the jury
ON Saturday returned verdict for $500
The suit of Isabella Dutler against a. w
Ross and Mills Dean, attorneys and AGENTS fol
Hood, Boubright Il Co., for 100000 damages
for malicious prosecution, which was entered
in July, was dismissed by direction of the
plaintiff on Saturday.
cmbezzlcment will be called in the criminal
court to-day.
The last will of the late Louis McE. Miller
was filed on Saturday. lie bequeaths tive
shares Of stock in the Boston Gas company
and all other property he may be possessed o
to Silas IL. Willoughby.
Articles of incorporation were filed OF
Saturday for the American Club for the Ad
vanc cment of Social Intercourse, with the fol
lowing trustees: Il. IL, Finles, A. n. Ham
w. IL. BrainaTd, j. Amber Smith, Georg,
Smith, NJ. Waterman, j. g. Beardsley, Il. ID
Phillips, A. q. Williams and George NJ. Jones
The club starts with capital stock of $4,000
which is to be increased if necessary.
THE RECORD.
Equity Court-Jadge COc,-Jackson VS.. Black
wood: writ of assessors ordered to issue Keatinl
rs. Mclaughlin; sale ordered and j. +. Ennis ap
pointed trustee 70 sell, Crow VS., Boucheri truSle
required TO give bond, Adjourned until to'da
At l0a IN.
CouTtin General TcrR-Chtef Justice Cartier, Ju
tees Hdaner aud COr.-No assignment
EQUITY Colrt-Jud0e C0r.-Nos. ~, ~, I'D, 80, y
CiretrH court~Jud0e MacArihur.-Cal. Nos. q
s., 81, o. SS, 100, 10l, lO2, 10S and l0i.
Criminal COuri-Jufae Wgte,-Nos. 1881, II
g5l H0ii, 1881 l5O3l4, li9oS, li,9S3, llo'O, II,
800, l4DIl, and 1885,
Essex COUNTY, VA.-Mr. James E. MieoI
clerk, says; 81 have used Browns Iron Bi
ters and found it valuable for the purpose
which il claims"
An All HNliOw Fen Party.
An All IIalow Fen party will be given {