The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-05-19
The Fatality Attending "Ob>
lection" IN Congress.

war between the states. John G. Thorno
son was sergeant-at-arms of the House.
and he and Kerr Colonel Lewis of Ala
bama, John M. Glover of New York, I
P. New of Indiana and A. H. Smith OF
Pennsylvania, m embers OF a special COM
mittee, had been sued by Mr.. Kilbourn
for false arrest and Imprisonment
damages being claimed in the sum Of
100000. The case failed entirely in the
trial court and the Supreme Court aa
against all except and secured verdict
for 100000. This was set aside as excess
sive. There was another trial in which
the verdict was 1000 against Thompson.
This also vas set aside; and fourth trial
resulted in something of a compromise.
allowing KlIbourn $4,000 against Thomp-
son, which amount the House of Repre-
sentatives peid on the plea that Thomp-
son arrested and imprisoned Kiibourn on
the speakers warrant.
This case IL the most famous case at
law, except the impeachm emit cf Presi-
dent Andrew Johnson, in the history OF
Congress Much toll over musty records
Mr.. Hailet Kiibourn, who is now under
stood TO be hopelessly insane. has been
a well known character in the District OF
Columbia for number of years. He
was at one time a large real estate dealer,
and brought himself conspicuously before
the public IN 1873 by refusing TO answer
certain questions and produce certain pa
of ~
Representatives appointed to inquire in
TO the nature and character of a real
estate pool In which Jay Cooke & Co.,
were said to be concerned. In a review OF
the history of the case 1t Is recalled that
the 2ath OF January, 1876. the House Of
Representatives of the United States
adopted the following preamble and reso-
luton:
Whereas, The government of the Uni
ted States is a ceditor of the firm Of Jay
Cooke & Co.. now In bankruptcy by or
der and decree of the District Court of
the United States In and for the eastern
district of Pennsylvania, resulting from
the improvident deposits made by the
secretary of the navy of the United
States with the London branch of the
said house of Jay Cooke & Co., of the
public moneys; and whereas. the mat
ter known as the real estate pool was
only partially inquired into by the late
Joint select committee to inquire into the
affairs Of the District of Columbia, in
which Jay Cooke 8 Co. had a large and
valuable interest," and whereas Edwin
NJ. Lewis trustee of the estate and eff
fects OF said firm of Jay Cooke & Co.,
has recently made a settlement of the in
terests of the estate of Jay Cooke & Co.
to the disadvantage and loss. as 1t is al
legged Of the numerous creditors of said
estate, including the government of the
United States; and whereas, the courts
are now powerless, by reason of said set
Element, to afford adequate redress to
said creditors;
Resolved. That special committee of
five members of this House, to be select
ed by the speaker, be appointed to in
quire into the nature and history of said
settlement, with the amount of property
involved in which Jay Cooke & Co. were
interested, and the amount paid or to be
paid In said settlement, with power to
send for persons and papers, and report
to the House."
The committee was duly appointed and
proceeded to make the investigation with
which 1t was charged. Halet Kilbf I'm
was summoned to appear as a witness be-
fore the committee, and to, bring certain
private papers relating to the subject.
When he appeared he refused to produce
the papers and also refused to answer
certain questions asked by members of
the committee. On the report of these
facts TO the House. it was ordered that
the speaker issue his warrant TO the SER
gesnt-at-arms John c. Thompson, COM
manding him to arrest Kiibourn and
bring him to the bar of the House, to
show cause why he should not be pun
ished for contempt. Mr.. Kilbourn was
thereupon arrested and brought to the
bar of the House, and upon his continued
refusal to obey the summons was ad-
judged to be guilty of contempt and was
ordered by the House to be recommitted
to the custody of the sergeant-at-arms
and imprisoned In the common Jail OF
the District, until he should purge him
self Of the contempt
The speaker issued his warrant accord
ingly. and Mr.. Kilbourn. by virtue of it,
was imprisoned by the sergeant-at-arms
in the District Jail, and remained there
for thirty-hvs days, when he was dis
charged by Chief Justice Carter of the
Supreme Court Of the District, on habeas
corpus, but was Immediately delivered
into the custody Of the marshal Of the
District to answer an indictment which
had been found against him by the grand
jury. under act Of Congress concerning
witnesses summoned by either house,
Thus, in poor Hallet Kilbourn's insan-
ity. we have the last chapter in a memoir
able story.
LUCIEN JULIEN WALKER.
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