The times., 1901-04-07
FAMOUS LEGAL CONTESTS
Some Important Cases Tried in
Washington Since 1856.

Washington Since 1856.
A California Representative Indicf-
ed for Murder-Hailet kiIbourn's
Ordeal and the Redress He OBJ
tnined-Tbe 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 oc-
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 Willard 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 H.
Bradley, Hon. John B. Weller. Hon. Per
| cy Walker, and Hon. Philip Phillips. They
| (the prisoners COUNSEL 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
! decided that conviction for murder
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 of
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
| q H.,
ed by Daniel Radcliffe, for the defence. AT
the close of the trial the jury failed to
agree and a new trial was instituted, oc
| cupying from the 18th to 18th of that
! month. In this second trial the prosecu-
| tion was assisted by William Z. Preston,
| OF Baltimore, counsel for defence being
the same before The evidence showed
| that Herbert came into the dining room
! of the hotel late and in a rough manner
ordered servant TO get his breakfast,
| which order was executed only in part;
| and that he thereupon ordered Keating
| to assist the other waiter in getting his
| breakfast ready, which keating 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. Imme-
| diatey a quarrel arose between Herbert
| and number of persons who had con-
| gregated and who now (as tranSpired by
| certain evidence at the tTiaD made an at
| tack uDon him. He then fired, killing
| Heating. The instructions to the jury
| We're 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, he was Justified in taking LIE.
| The jury retired at p. m. and in an hour
| returned with verdict of acquittal.
The incidents connected with the killing
! of President Lincoln are stereotyped 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-
victed of completely and hung, ipso facto.
This was followed by the appre-
| hensiOD 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, DR.. Mudd,
| who set his broken limb; the blacksmith
| who shod his horse, and others. John II.
! Surratt, son of Mrs Surratt, was charged
| with being an accOmplice. He immedf-
| ately fed 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; was again arrested, and finally
| brought to this country, and indict-
| ment for murder was found against him
| by the grand jury for the District of
| Columbia.
On the 10th Of June. 1867, his trial com
| menced before the Supreme Court of the
| District of Columbia. The United States
| was represented by E. c. Cunnington,
| his assistant and associate counsel; Messrs.
| Edwards, Pierrepont and A. G.. Riddle.
| Counsel for the prisoner were: Joseph
II. Bradley. r. 7. Merrick, and Joseph II.
| Bradley, jr. a great many witnesses We're
| examined on both sides, and the jury
being unable TO agree UPON verdict was
discharged after four days deliberation.
Hallet hilbourn had very re
! uarkable experience in the District
courts. In January, 1876 committee was
appointed by the House of Representa-
] .
ing out of the failure Of Jay Cooke &
| Co, in which ii was alleged that Jay
J Cooke, McCulIoCh & 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
| bOurn q 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 Kilbourn, OF
| that firm, to come before it, 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 10 testify or produce the
| books ana papers OF the nrm 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 & Co. had
| been fully settled, and maintaining that
! the committee had no right to Investigate
| and publish their private business affairs
: TO the world
! The committee thereupon reported Mr.
| kilbourn 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.. Kiibourn answered
afiiTmatively. whereupon resolution was
Il ~ s1fF
! confine Mr. KiIbourn 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 the Sergeant
| alarms having been directed by the
| House, after three days discussion in
| that body, by vote of 165 to 40, 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 =.
In August Mr.. Kilbourn brought suit
! against Sergeant-at-ArmS Thompson and
| jority Of the District courts decided
| against Mr. kilbourn's right cf action,
| from which decision he appealed to the
| Supreme Court of the United States. This
| tribunal in January, 1881, by 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
enc -f1fF ggn m tat