The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-07
FAMOUS LEGAL CONTESTS
Seine Important Cases Tried in
Washington Since 1856.

California Representative Indicf-
ed for Murdcr-HnIlet kiIbourn's
Ordeal and the Redress He OBJ
tained-The star Route Sensation.
The recent decision of the United
States Supreme Court in the famous Holt
will case recalls to mind some of the
celebrated legal contests which have &C.
CURED in Washington since 1856
Among the criminal cases that attract
ed great attention at the time many may
remember the trial of Philemon T. Her
bert, Representative in Congress from
California, for the killing of Thomas
Heating, a waiter in Wizards Hotel MAY
S, 1866. Immediately after the commits
sion of the deed Mr.. Herbert was arrested
and placed in Jail. Philip Barton Key
was District Attorney at the time, and
counsel for the prisoner were Joseph II.
Bradley, Hon. John B. Weller. Hon. Per-
cy Walker, and Hon. Philip Phillips. They
the prisoners counseD at once procured
a writ of habeas corpus and Herbert was
arrested and brought before Judge Craw-
ford on the following Saturday, the judge
withholding his decision as to the grant
ing of the writ until Monday. when he
should not take place" and that the pris-
oner should be admitted to bail in the
sum of $4,000 to answer to a charge oil
manslaughter
On July the grand jury indicted Her
bert for murder and he was forthwith ar
rested and placed in Jail, the trial being set
for July 9. 1t commenced, however, on
the 10th, with Bradley & Walker, assist
ed by Daniel Radcliffe, for the defence. At
the close of the trial the jury failed to
agree and new trial was instituted, oc-
cupying from the 18th to 18th of that
month. In this second trial the prosecu
ton was assisted by William Z. Preston.
of Baltimore, counsel for defence being
the same as before. The evidence showed
that Herbert came into the dining room
of the hotel late and in rough manner
ordered a servant to get his breakfast,
which order was executed only in part;
and that he thereupon ordered Heating
to assist the other waiter in getting his
breakfast ready, which Heating refused
to do. Thereupon Herbert became very
angry and drawing his pistol he advanced
upon Heating with the apparent intention
OF shooting him, but did not fire. lmme-
diately quarrel arose between Herbert
and number of persons who had con-
gregated and who now las transpired by
certain evidence at the triaD made an at
tack upon him. He then fired, killing
Heating. The instructions to the jury
were to the following effect: That IF the
jury believed from the evidence that at
the time the pistol was fired Herbert was
being pressed by superior numbers. and
was in danger of death or of serious bod
lily harm, from which he could not safely
escape, r" was justified in taking life"
The jury tired at p. m. and in an hour
returned with verdict of acquittal.
The incidents connected with the killing
of President Lincoln are stersotyped in
the minds of those who are able to recall
them. The intensity of popular feeling
overcame justice herself. Mrs. Surratt,
the keeper Of the boarding house at which
Booth. the assassin, lodged, was con-
This was followed by the appre-
hension and imprisonment of every
person whom Booth was known to have
met or spoken to during the night of his
escape, such as the physician, DIR. Mudd,
who set his bl )ken limb; the blacksmith
who shod his horse, and others. John II.
Surratt, son of Mrs. Surratt, was charged
with being an accomplice. He immedi-
ately fled the city. was traced to Canada,
and again to Italy. where he was found
enlisted among the soldiers of the Pope.
Here he was arrested, but escaped to
Egypt; WIS again arrested, and finally
brought to this country, and an indict-
ment for murder was found against him
by the grand jury for the District of
Columbia.
On the 10th Of June. 1861, his trial COM
meuced before the Supreme Court of the
District of Columbia The United States
was represented by E. c. Cunnington,
District Attorney; Nathaniel p. Wilson.
his assistant and associate counsel Messrs.
Edwards Pierrepont. and A. G. Riddle.
Counsel for the prisoner were: Joseph
II. Bradley r. r Merrick, and Joseph II.
Bradley, jr. A great many witnesses were
examined on both sides, and the jury
being unable to agree UPON a verdict was
discharged after four days elaboration.
Hallet kilbourn had very re-
courts In January, 1876. committee was
appointed by the House of Representa-
tives to investigate certain matters grow
ing out OF the failure Of Jay Cooke &
Co, in which il was alleged that Jay
Cooke, McCulluch & Co. of London, were
indebted to the country on account of
some advances made by the Secretary of
the Navy just prior to their failure. II
was alleged by the committee that XII
tourn d Latta, real estate brokers Of
Washington, had invested money for Jay
Cooke " Co. and others in real estate.
In Washington, in what was designated
as the real estate pool" and the com
nittee subpoenaed Mr.. Hallet lSilbourn. OF
that firm, to come before 1t, and bring
with him the books and papers of the
firm for the inspection of the committee.
and to testify in relation to the same. Mr.
Kilbourn appeared before the committee,
but declined to testify or produce the
books and papers of the firm for its in
spection, asserting under oath that the
business of their firm was in no way con-
nected with the Government; that their
transactions with Jay Cooke &c Go. had
the committee had no right to investigate
and publish their private business affairs
to the world.
The committee thereupon reported Mr..
Nilbourn to the House as in contempt,
ami on the 18th Of March, 1876. the House
ordered the sergeant alarms, John G.
Thompson. to arrest and bring him be-
fore the bar of the House. The order
was promptly executed, and in response
to the Speaker asking him II he still de-
clined to comply with the demands of
the committee Mr.. Ki,bourn answered
afiirmatively whereupon a resolution was
passed directing the Sergeant-at-Arms to
confine Mr.. kilbourn in the common Jail
of the District of Columbia until he
should purge himself of contempt by
agreeing to comply with the demands of
the investigating committee.
Mr.. Kilbourn remained in Jail five
weeks when he was brought before Chief
Justice Cartier, of the District Court. on
the writ of habeas corpus 1.-THE Sergeant
alarms having been directed by the
House, after three days discussion in
that body, BY a vote of 165 to 10 to obey
the writ, and after several days argu-
ment by attorneys for the Government
and Mr.. KilbOurn. he was discharged
from custody by the order Of the Chief
Justice April 26
In August Mr.. Kilbourn brought suit
against Sergeant Thompson and
others for false Imprisonment. a ma
jority of the District courts decided
against Mr.. kilbourn's right CT action,
from which decision he appealed to the
Supreme Court of the United States This
tribunal, in January, 1881, by a unanimous
opinion. decided that the action of the
House Of Representatives in ordering the
arrest and Imprisonment of Mr.. Kill
bourn was without justification in law,
and, in consequence null and void, and
sustained his action against Sergeant-at-
Arms Thompson, remandins the case
back to the court of the District for trial
by jury to assess the amount of dam
ages The first jury trial was had in
April. 1882. before Judge Macarthur, in
which a verdict of 100000 was rendered,
being afterward set aside by the judge
as excessive.