Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-13
Inquiry lntd(Mental Condi-
ton of Halet Kilbourn.
PETITION FILED TODAY
ALLEGED THAT HE Is UNFIT TO
REHAINYAT LARGE.
Second Arrangement of Mr.. Kilbourn
on That Charge-Famous
Case Recalled.

ing the District Commissioners, today COM
menced proceedings in the Supreme Court
Of the District of Columbia to determine
the mental condition Of Mr.. Haller Kill
bourn, who has resided in the District for
many years
The petition in the case Is signed and
sworn to by Mrs. Bella K. Bourgeat. a
daughter Of Mr.. Kilbourn. Mrs. Bourgeat
explains to the court that her father Is a
'lunatic Of homicidal and otherwise dat
gerous tendencies. and that he has been
such a lunatic since the LIST day Of Janu-
airy, 1902" that the cause Of his lunacy is
unknown to her, but If the representations
made to her be true Mr.. Kilbourn Is unit
to be at large. and that she believes that
if he be permitted to remain at large the
rights of persons and property VIII be
greatly endangered, the preservation of
the public peace imperied and the commits
sion Of crime rendered probable. 1t IS
further stated that Mr.. Kilbourn is INDECENT
and without property or estate.
This Is the second time the conft mas
been called uponato inquire into the sanity
of Mr.. kilbourn. His sanity was th2 SUD
jeet of an inquisition by marshaIs jury
January 81, 1898. when he was adjudscd
to be of unsound mind and committed to
the Government Hospital for the insane,
his trouble being melancholia. with SUI
ton until September "a. 1898. when he was
discharged as recovered.
The petition. filed today was submitted TO
Justice Barnard by Attorney Sinclair, who
passed an order appointing Drs Il. T. SOW
ers and Sterling Raffin to examine Mr.. XII
bourn, in order that they may be able to
testify regarding his sanity Friday next at
/ o'clock pm, at which time Justice Bar
nard will inquire into the matter
Famous Contempt Proceedings.
Mr.. Halet Kilbourn has been we'll
known character in the District of Column
bia for a number of years. He was at one
time large real estate dealer and brought
himself conspicuously before the public in
1876 by refusing to answer certain ques-
tions and produce certain papers before a
committee Of the House of Representatives
appointed to inquire into the nature and
character of a real estate pool in which
Jay Cooke & Co, were concerned. In a
review Of the, history of the case it is re-
called that the, Oath. of January. 1876, the
House of Representatives, Of the United
States adopted the following preamble and
resolution: - ~
"Whereas the government of the United
States is creditor of the firm of Jay
Cooke & Co., how IN bankruptcy by order
and decree OF the, district court of the
United States in and for the eastern dis
trict of Pennsylvania, resulting from the
improvident deposits made by the Secre-
tary 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 matter known as the real
estate pool was only partially inquired into
by the. late joint Select committee to IN
uuire into the affairs of the District Of Co
lumbia, in which Jay Cooke & Co. had a
large and valuable Interest; and whe:ea S
Ldwin NJ. Lewis. trustee Of the estate and
effects of said firm of Jay Cooke & Co.
has recently made a settlement of the ID
e no a TO n Cooke r. Co tn
the disadvantage and loss, as it is alleged,
of the numerous creditors of said estate,
including the government OF the 1ftGd
States; and whereas the courts are now
pcWe rIess by reason of said settlement, to
afford adequate redress to said creditors:
Resolved, That special committee OF
five members of this House, to be selected
by the Speaker. be appointed to inquire into
the nature and history of said real estate
pool and the character 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 this House
Mr.. Kilbourn Declines to Obey.
The committee was duly appointed and
proceeded to make the investigation with
which it was charged. Hallet kilbourn
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 GER
tain questions asked by the members of
the committee. On the report of these facts
to the House 1t was ordered that the
Sneaker issue his warrant to the sergeant
alarms, John G. Thompson. commanding
him to arrest Kilbourn and bring him to
the bar of the House, to show cause why
he should not be punished for contempt.
Mr.. kilbourn was thereupon arrested and
=, HOY Of no md IN
his continued refusal to obey the summons.
was adjudged to be guilty of contempt and
was ordered by the House to be recommit-
ted to the custody of the sergeant alarms
and imprisoned in the common Jail of the
District, until he should purge himself of
the contempt.
The Speaker issued his warrant accord
ingly, and Mr.. Klbourn, by virtue Of it,
was imprisoned by the sergeant alarms in
the District Jail, and remained there for
thirty-five days, when he was discharged 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 Con-
gress concerning witnesses summoned by
either House"
Brings Suit for Damages.
Mr. Ililbourn thereupon sued Thompson
the sergeant alarms; the Speaker, M. c..
Kerr and several members Of the House,
namely, John NJ Glover. Jeptha d. New,
Burwen p. Lewis and A. Herr Smith, for
false arrest and Imprisonment, claiming
S1e0, 600 damages. The suit was brought in
the Supreme Court of the District
Thompson, the sserg eant- at-arms. attempt
ed to justify his conduct under the Speak
er's warrant The other defendants plead
ed not guilty 1and justification in certain
special pleas Kflbourn demurred to the
special pleas, but the demurrer was over
ruled and judgmen entered in favor of the
defendants Al writ of error WAS sued out
to the Supreme Court of the United States,
which court sustained the Judgment of the
Supreme Court Of the District as to ali
the members OF the House. but reversed the
decision as to rrhonfpson the sergeant-at-
arms, holding, that the Speakers warrant
constituted no, defense to the suit as to
him. 81 az
Shortly afterwara the case against
Thompson was placed on hearing before
Justice Cox and q Jury. and after a hotly
fought trial. the jury found verdict in
favor Of Kflbeurns assessing the damages
at $100090 the fun amount claimed. This
verdict YVES for the largest amount in dam
ages ever awarded by jury In the District
of Columbia. The amount was regarded as