Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-12-23
MR. KILBOURN,s JUDGMENT.
What 1t Costs Congress To IanprisOn n
Nan Cniawfully-A Talk with the
Plaintiff in a Celebrated Case.

| What 1t Costs Congress to ImprisOn n
| Nan UnlavEuIly-A Talk with the
Plaintiff i'm a Celebrated Case.
"Will Congress make the appropriation to pay
your Judgment against ex-Sergeant-a at Arms John
| G. Thompson" asked STAR reporter Of Mr. Hallet
| Kiibourn to-day.
| "That is matter for Congress and Thompson to
! SETTLE" answered Mr.. Kilbourn. my Judgment is
| against Thompson as an individual and not as
Sergeant-at-Arms of the House of Representatives.
therefore have nothing to do about any congress
| ional appropriation for ThompSon'S relief'
| show long has your controversy with the House
! and Its SeTgeant-at-ArmS been going on?"
sit will be nine years next month since the first
proceedings were initiated by the House OF Repre-
| sentatiVeS. / was discharged from custody ON
writ OF habeas corpus In April, 1876. l then In
| stituted suit against Thompson and Others and
fought 1t through the courts OF the District and the
| rendered an unanimous opinion against the arbi-
trary and illegal action on the part OF the House Of
Representatives. in ordering my arrest and i'm
prisonment. and sustained my suit against Thomp-
| son for false imprisonment"
"Then followed the jury tT1alS?"
Eyes, sir; the Supreme Court having settled the
law OF the case remanded it back to the District
court for trial by jury 70 assess and TX the
! OF damages
"How many jury trials have there been?n
'Three," said Mr.. Ktlbourn. "The first trial re-
suited In Judgment OF 100000, which was set
aside by Judge Macarthur The second jury rem
dered verdict of 100000, which was set aside BY
Judge Cox; the last jury brought in a verdict Io.
80, which Judge Hagner cut down to $4,000"
"Have you accepted that?"
81 accepted the situation at that figure, as life
was too short to continue going through the farce
OF trial by Jury when the continuous dictum OF
the judges on the bench set at naught the solemn
judgment OF the jury, who by the Constitution and
the law Were alone authorized to assess the
submitted in the trial"
Ibid not the government defend the suit for
Thompson"
40, yes, and employed in all some twelve emf
nent lawyers, who contested the matter at every
step"
| "You must be DESTROYS OF having the matter
settled?" remarked The STAR reporter
wen, am taking the matter philosophically,"
answered ans , Mr. kl6ourn ~ didn't institute the
Oily result. In fact, my expenses in the nine years.
contest have far exceeded Tho amount OF the pres
ent judgment. felt that IL was illegal and I'M
just proceeding on The part OF the House of Repre-
SentatyeS 10 order the arrest and Imprisonment OF
citizen not even accused OF violating any law,
ana determined TO test the matter in the courts
and pursue 1T 10 a final conclusion. l have sue
ceeded step by step up to the present. and the prn-
ciple has finally been judcially settled that Con-
gress, even in the plentitude OF its power cannot
order the arrest and imprisonment Of the humbest
citizen except by due process Of law: And should
think Congress would be glad that the veyed Ques-
| ton had been Judiciay disposed Of"
Christmas Week Amusenents.
| NATIONAL THEATER.-"The Private Secretary
drew large audience to the National theater
last evening and called forth continuous laugh
ter and applause from the rise to the fall of the
curtain. The acting of all concerned was very
acceptable. The ridiculous situations in which
the Pirate Secretary is placed afford Mr.. Chas.
Cootes. who assumes that character, ample op-
pOrtunity tor the display of his talent as a come
dian. He brought down the house last night
Mr.. j. G. Savllle. weli-known here. did a very
neat bit OF acting as Gibson. Bond-street
tailor. as did Mr.. NJ. A. Kennedy, as M Cat
te1'n,Ole The other characters were we'll sus-
tanned "The Private Secretary will run during
the week. with matinees on Wednesday. Thurs
day and Saturday.
An operate organization known as the Bar
nett New York Ideal Opera company will
occupy the boards of the National Theater next
/ week. The company is said to be good
one. and render their opera in a pleasing man.
! ner.
| ALBAUGH'S OPERA HOUsE.-''Youth." with
| some OF the finest stage scenery ever seen in
| Washington. was produced last evening with
! great success. The company is very strong
one. Mr.. Frazier Coulter as Frank Ddy}inqtOn
was exceptionally good. The play. however. is
one of scenic effect. rather than of plot and the
seven tableauX were produced in grand style.
The presence of regular troops lent additional
| charm to the military scene in khyber Pass.
| Youth" will continue during the week. with a
| Christmas matinee in addition to regular ones
| Of Wednesday and Saturday.
FORD'S OPERA HOUsE.-The audience which
witnessed the production of the Drum Majors
Daughter" by the Carleton Opera company last
night, was well repaid for Drawing the Indictment
weather. The performance set at rest any doubts
as to the excellence of the COMPANY. The opera
was well sung and conscientously acted. Mr.
Carleton has few If any equals in light opera,
and his rich baritone voice last night gave gem
eral satisfaction. Miss Dora Wiley as Stella was
very acceptable. and Miss Bartiett-Davls. G,.ioet
the drummer boy. sang and acted in the most
captivating manner. Mr.. w. III. Clark, as The
Drum Major. showed himself good actor and
possessed of a rich bass voice. Mr.. Golden was
very comical as the Dute. Tonight and at
Xmas matinee The Mascot will be produced
THEATER COMIQUE.-Miss Ida Sddons' COM
binatiOn scored a complete success last night,
and the large audience present voted t the
strongest variety company that has been seen
here for some time. number of variety
stars OF the first magnitude appear In sketches
and specialties we'll worth seeing. The Siddons
combination remains during the week.
HEROES MUsEUM.-Lincoln hall was opened
last night as new amusement resort with very
fiattering prospects. The production of "The
Mascot" by Jenny Kimball's comic opera COM
pony, was enjoyed by large audience. The
low price Oh admission enables everybody to
visit the place of amusement.
DINE Observation-Disclosures Musetts and their
operate comedy company give an admirable
presentation of their burlesque of Fun in a
Toy Shop this week. Duets. trios. quartets
and sparkling dialogue follow one another rap
idly. In addition there is an olio by a dozen or
more star artists.
An Accident to the NIOSeley.
THE STEAMER TEMPORARILY DISABLED BY STRIKING
A SUNKEN ANCHOR.
Dispatches from Norfolk last night stated that
yesterday morning the steamer Jane Moseley,
which runs between Norfolk and Cape Charles
city as terry boat for the New York, Norfolk and
Philadelphia railroad, was leaving her dock at
Cape Charles city, the tug which pulls her out OF
the slip let go too soon, and the captain OF the
Moseey, thinking he could get out without further
assistance, ordered her TO be started ahead, when
she struck an anchor left on the bottom by a
dredging boat and was badly damaged. Her pas
SeDgerS were taken to Norfolk on the tug. The
first adviceS received here represented that the
accident to the steamer was OF a very serious
Character; that the steamer had been sunk and her
cargo greatly damaged, though there was no loss
Inland and Seaboard Coasting company, and is
boats ever engaged on the Potomac. When the
first news OF the accident was received here two
officers OF the Inland and Seaboard company were
sent TO Charles city to render any service they
could. The boat was built thirteen years ago for
the Long Island Railroad company at cost OF
about S115,000 and purchased nine years ago by
the Inland and Seaboard company. About two
years ago it was thoroughly Overhauled at O cost
or about So, G00
Mr.. Norment has Information that the damage
to the boat was not as bad as was expected and
that 1t can be repaired within three days. The
Moseley Is now tied up at the wharf at Norfolk The
railroad company will temporarily nut another