Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1909-01-15
Jas. B. Henderson Says Former States
Attorney Talked $1,000 Fee.

Because there was large fee involved
in the transaction, Circuit Judge James
B. Henderson, of Montgomery county, Md,
alleges, in an affidavit filed to-day in the
District Supreme Court, that Henry M. Tai
bott, when States Attorney, objected to
mol pressing an arson indictment against
Thomas H. Pickford and John H. Walter
II understood that the fee was to be
about $11,000," says Judge Henderson, re-
fering to a conversation alleged to have
been held by him with Talbot.
The affidavit is filed in suit brought
by Pickford and Walter to restrain Talbot
collecting judgment for $500 secured
against them two years ago for libel A
temporary injunction has been granted by
Justice Barnard, and hearing has been
set for January 10.
The hearing promises to reopen the en-
tire case to which unusual interest attaches
not only because of the great prominence
of the men involved, but because of the
unusual character of Judge Henderson's
affidavit and its sudden appearance after
years of legal wrangling.
Judge Henderson's affidavit is dated
January 6. 1909. In the petition of Pick
ford and Walter it is averred that if the
affidavit had been available at the libel
suit trial, the defendants would have plead
ed justification and so perhaps have Sc
cured verdict in their favor.
The libel suit grew out of the alleged
publication of charge that Talbot acted
as indicated in the affidavit made by Judge
Henderson. This was not proved at the
trial. and the judgment of $500 was
rendered
The alleged libel was printed following
the indictment of Mr.. Pickford and Mr..
Walter on a charge of arson in the burn
ing of the mansion at Four Corners, in
Montgomery county. Md. in September,
1897, on which there was insurance amount
ing to $4,000. Suit was started to re-
cover, and in the petition filed to-day it is
alleged that a settlement was made for
| $4,000
After the indictment of the two owners.
Justice Bradley. of the District Supreme
Court, refused to order the men turned over
to the authorities. and they were released
on writ of habeas corpus. What followed
them is stated as follows by Judge Hender-
son in his affidavit. the original of which
is filed as an exhibit in the case.
Il am, and for thirteen years last past
have been, one of the Judges of the Circuit
Court for the county of Montgomery, State
of Maryland was such judge at the time
of the indictment of the compliments and
others, and at the time the same was nOlle
pressed.
Between the finding of the indictment
and the time it was nOlle pressed was
aware of the action taken by Mr.. Justice
Bradley, of the District Supreme Court
holding in effect that the indictment was
bad as not charging crime in law. After
the action of the said justice and while the
said indictment was still pending, had a
conversation with Henry M. Talbot, then
States Attorney for Montgomery county,
and suggested to him that in view of
Judge Bradley's decision and the conclu-
sion | had reached after examining the
authorities that il was useless to continue
| any lu7the prosecution of the case
HE tather disagreed with che conclu-
siors of Judge Bradley and myself ard said
h. was very anxious TO convict these peo-
| pc Id al least keep the case open on the
d. ket that he represented the insurance
companies that had paid the owners of the
property large sum of money which they
wanted to recover and that we have a
large fee involved in the transaction. |
understood that the fee was to be about
$1,000.
HE said that the tendency of the indict-
ment would be of assistance in settling the
insurance matter. | was somewhat sur
prised by the statement of the said Talbot
in the said conversation. but did not men
ton the same to either of the complainants
or any of their counsel until on or about
December 20. 1908. when casually men
toned the matter to one of the said coun-
sell
81 RETAINED from mentioning the same
during the tendency of the said indictment
or the subsequent libel suit for the reason
that deemed it proper in view of my posi-
ton as judge to maintain silence upon
the subject while the matter was pending.
and did not mention the same to the
counsel with the purpose or in expectation
that the fact would be made use of in any
way.
JAMES B. HENDERSON"