Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-03-21
KILBOURN ACT. THoMPsoN.
The End Of n Celebrates Case.


In the month of January. 1876. a committee
was appointed by the House OF Representatives
70 investigate certain matters growing out OF
the failure OF Jay Cooke & Co., I'm which a MAS
alleged that Jay Cooke, McCulloch A. Co OF
London, was indebted TO the government on
account OF some advances made by the Secre-
| tary OF the Navy Just prior 10 their failure. II
was alleged by the committee that Kflbourn
& Latta real estate brokers OF Washington lad
invested money for JayCooke & Co aud Others In
real estate In Washington, I'm what was desig-
mittee subpenad Mr.. Hallet kilbourn OF that
firm, 10 come before IL and bring with him the
BOOKS and papers Of the Inn Tor the inspection
OF the committee anG to testify in relation 10
the same. Mr.. kilbourn appeared before the
committee, but declined TO testify or to produce
the books and papers of the FIRM for the cnn,
mittee's inspection. asserting. under oath that
the business OF their firm was In no way con-
nected with the governments that their trans
actions with Jay Cooke & Co. had been fully set
tied, and maintaining that the committee had
no right 10 investigate and publish their private
business affairs 10 the world.
Tue committee therenpon reported Mr. Kill
1o9rn 70 the House as in contempt. and on the
geant-at-arms. John q. Thompson. 10 arrest and
! bring him before the bar of the House. This
order was promptly executed, and in response
| 10 the Speaker asking him If he siill declined
| TO comply with the demands Of the committed
Mr.. kilbourn answered affirmatiNely Where,
upon the House passed a resolution directing
the sergeant-at-arms TO confine Mr.. kilbourn in
| the common jail OF the District of Columbia
agreeing to comply with the demands OF the in.
/ Nestigating committee
rs, Sergeant-at- Arms Thompson conveyed Mr..
hlibourn TO jail that evening, and the wardens
! private office was assigned 10 his use.
- by the order OF the Sergeant-at-Arms Mr.
hlibourns meals and sup plies while In custody
were furnished at first by Freund the caterer
OF the House restaurant and a carriage WAS
l'employed morning and evening TO take his re-
| freshments from the Capitol TO the iail He
daily feceived throngs Of visitors and enter
tanned his guests in a sumptuous manner. At
4 ~ r-saalrS hon
| tanned that the caterers bills for supplies nur-
nished Mr.. kilbourn were making heavy In
road upon the contingent funds OF the House.
anu resolution was passed reducing the
amount to moderate per diem allowance the
b pills at sha6 Time having aggregated several
| tinued during the remainder OF his imprison-
ment to live and entertain his friends i'm style
becoming "a guest of the nation, although at
Mr.. Kilbourn remained in fail i've weeks
when he was brought before Chief Justice Cart
| Ter, OF the District Court, on writ OF habeas
corpus, tthe Sergeant-at-Arms having been d.
rected 10y the House. after three days discus
Son. 10 obey the Writ, and after several DAYS
argument by attorneys for the government and
| Mr. kllbourn, he WAS discharged from custody
by order OF the CHIEF Justice.
| In August, 1876 Mr.. Kilbourn brought suit
| against Sergeani-at-Arms Thompson and Others
for false Imprisonment \ majority OF the Dis
trict Court in March, 1877. decided against
| Mr.. Kilbourn's right OF action, from which de.
clsion ne appealed TO the Supreme Court OF the
| United States
| unanimous opinion. decided that the action of
the House OF Representatives i'm ordering the
arrest and imprisonment OF Mr.. kiborn was
without law and void and sustained his right
OF action against Sergeani-at-A rms Thomson
| ana remanded the case back to the District
Court for trial by jury to assess the amount of
| damages.
The first jury trial was had I'm April I $50 be-
| lore Judge Macarthur, in which "A verdict of
| SlOO,Ooo damages was rendered, which was
| sci aside by the judge as excessive.
| The second jury trial took place in November,
| 1883. before Judge Cox, the jury returning a
| verdict for $6o.Ooo damages, which the Judge
| set aside as excessive.
| The third jury trial was held I'm March. ] SS3
| before Judge Hagner, the Jury handing IN n
| verdict of 50. 800 damages, which the Judge
| reducedto $4,000, and this latter sum, with
| interest, was appropriated by Congress ON
| March 4th; and on Saturday last, nine years
| rom the date OF his arrest, Mr. Kilboufn re-
| ceived Treasury warrant for S21 600 being
$500 per day for the thirty-five days he was i'm.
| generated In ''Castle Croker"
| The attorneys who at different periods repre-
sented the government In this long-contested
| case were :. =. Shellabarger, Robert l. Christy
! Judge William Merrick, w. III. Prescott H g.
| Garnett, Hon. Frank Hurd, Walter E. Smith.
District Attorney Corkhill and Assistant Coyle
| District Attorney Worthington and Shellabar.
ger & Wilson.
Those appearing for Mr.. Kilbourn were Judge
Jerry :. Black, Matt. III. Carpenter, Gen. N L.
| Jefiries, Hon. ID. w. Voorhees, Enoch Totem, C.
A. Eldredge and w. ID. Davidge.