National Republican., 1882-04-22


nous; we aro able 20 be liberal, generous,
and just; we arc not standing here to higde about
a money compensatoni you ought to be COM
peusatcd literally aud broadly, because we have
been mistaken; we were In error we arrested
citizen, and trampled on his rights under mis-
taken view Of the law and the Constitution, and u
is ours to make reputation. That should be the
voice Of this Government. have no hesitation In
saying II, widely, and as far rs my voice may
reach, that the atttudeof this Government toward
Mr.. Kiboun, or any other citizen that It has
wronged, whose rights 1t has trampled upon,
SHOULD RE ONE OF BROAD, GENEROUS RErABATIoN,
not one of technical, miserable calculation Of per
diem for suffering. There have been times, gen.
tlemen Of the jury, In the lifetime of men when
you would not measure an outrage by the day, but
by the minute, by the secondl There comes some
times a flash ofwrongand Of outrage that degrades
ana humiliates man for which IL Is impossible TO
give too great compensation butwhenyou find
as In this case, n man contcnding for his own
rights, for the rights of those whose trusts lie held
and for your rights Just rs much, you certainly
will lend car 10 this pltiful plea on the part Of
the defense, that you should mitigate damages
because he was not
PUT IN IRONS OR TREATED MORE HARsHLY.
In fact, Mr.. Smith said that if Mr.. THOMPSON was
to be censured at all II would be because he treated
him with too much kindness. Ought he to have
treated him with any less2 How strangely that
sounded to me. good lawyer, as Mr.. Smith is,
knows the Supreme Court OF the United States has
decided that Mr.. Kilbourn ought not
to have been there at all, ought
not to have been there moment; that
he had no more business to be there
than had, and yet there was an implied censure
absolutely Of his own client, because he did not
treat him with little more severity and this
when the laws of his own country now say in his
ears and in his face that he ought not to have
been there at ALL 1t is greatly to Mr. Thomp-
sons credit that his broad heart comprehended
the prophecies of the situation as II did. The su-
preme Court of the United States, as l have just
said says broadly
THAT YOU, WHO ARE IN THE WRONG,
have been in the wrong all the time; you are in
the wrong now, and Mr.. Kilbourn is in tho right
and has been in the right all the time. How does
it sound for men who have been condemned as in
the wrong trying to belitte the claim OF o man
who has been decided to have been in the righ
from first to last2 As have already stated, gen
tlemen of the jury, the saddest sight on earth tC
my mind is that of an innocent man in prison
and II is prison to the end. No thanks IL
Congress that Mr.. Kilbourn was released at all
He would have remained there until The
end of that Congress, If not longer, but for the
courts to which he appealed as a law-abiding citi
the amount of damages ! know there is somt
vague trouble often in jurors minds TO get at {
| measure of damages. You know that, and know
it.. We mutually think on that subject alike a
this moment. There is some trou bic in reaching
point from which to start q calculation. But lie
us look and see whether VIC should have mucf
trouble on this subject in this particular case. Mr.
Kilbourn
LAY IN THAT JAIL FOR MONTH
holt t,vo 1,1,r rfn fnA Of
He lay there from the middle of March until tn
latter part of April, during the capriciOus, chang
ing, damp weather that prevails here in Marcl
and in April. shall not stop 10 dwell upon tn
| undghtly things that were surrounding that Jail
There IL nothing that surround Jail that woul
| compensate man for being there. The blue SIX
is outside, and the free air, and that is of righ
| his His home is outside, and there he should e
and anything short of that that his eye may re:
upon is no compensation alienation In his cas'
He was there during these two months as 1 say
Its effect upon his health is undenied except i
so far as my medical friends on the other sid
say differently do not know whether they spea
from practice in the profession or
EXPERIENCE IN THEIR OWN LIVES.
| At any rate they suggest that high living Is ba
thing. will agree with them ON that, but we al
not left to the high medical attanments Of III
counsel on the other side on this point We hav
evidence on this subject. know that my brothe
Smith is not satisfied with the decision Of the Su
preme Court OF the United States but he has got I
be-thRt is one comfort to me. But whether he
or not do not think II will affect this jury's vel
dict much. On the question now of what was III
trouble with Mr.. Kilbourn's health. Fortunatel
we are not left TO any conjecture or appeal to yo
as agninst them. + appeal to Dr. Bulkley, h
physician, and who has been his physician most
his life in Washington. What does he say2 He tel
you that he contracted malarial fever Tho
were the exact words. That he contracted mi
larial fever in that jail. Now, never heard th
a glass of champagne
WOULD GIVE A MAN MALARIAL FEvTR.
[Iaughterl 1t may do so. 1t may give Il
counsel for the defense Ifalarial fever, but
never did me- ILaughter.l have heard of notl
ing but champagne going out there. IIknow ho
champagne solaces, and washes down a dinner
Jail. These troops of friends went out there
see him, and my brother Corkhill says tn
imprisonment under such circumstances cam
be such n severe thing after all, and does not CT
for any compensation. Why, gentlemen of Il
jury, l have read of prisons that were turned q
most into palaces by the devotion of friends tc
great leader; TO n man who was asserting hum,
rights and had fallen under the power Of despo
| government. They say his friends focked 10 4
him. Why should they not? They say that the
were members Of Congress and Senators went
sec him. am glad 10 hear it, / was in neitl
the one nor the other branch of Congress at Il
/ time. / certainly would have gone if had be
, here. He had done
r NOTHING TO DE ASHAMED OF.
, On the contrary he had done that Of which a
/ man had right to be proud. He had assert
! the Constitution of his country in all its purity,
strength and glory, has since been decide
I Why should not men go to see him? But oou
t that compensate him forloss of his liberty? Col
/ the fact that Algernon Sidney, or Russell, or a
other great martyr to human freedom received I
/ calls of sympathizing friends compensate tn
A wives and children afler their heads had roll
a upon the block2 Now l put square question
, | the counsel for the defense: Haet Kilbou
/ might have died there he might hs
r died there of disc ase contracted in Il
Jail. He might have died there Of the II
= laral fever that DR.. Buckley speaks of, Woul'
l.. have been compensation, my friends, TO N
IS Kilbourn and the children after his death, q
e she had brought suit, or indicted somebody
$ murder, or something Of that kind, or even Il
TO alay the grief in the private circle TO have b'
0 told that he had bottle Of champagne occasi'
ally, and that friends called to see him2 / say
life was endangered there. The medical te
Q mony shows that his health was endangered.
Il might have gone; IL might have been lost 1t is
IS most wonder that II was not, for there was 81
= pressure upon him In the mere fact of impris
Il ment alone, and that, gentlemen, often kills.
J. THERE ARE TYPES OF MEN THAT GO TO JAIL
e on different types of men imprisonment act {
" ferrntly. Take man with an active brain
1t Mr. Kilbourn's, with fine temperament like
It proud Of his standing, engaged in large bl
IL ness that WAS being torn, and his credit bro
l. down, and imprisonment TO such man is IN
at than the imprisonment of the body. The iron
@. entering his very soul. His mind was racked
le tortured, and TO my personal knowledge he
It. not the same man again for two years aflerw
c. Suppose he had died under this pressure. p
e, sure-I have not half described IL; pressure
IN loss upon the one hnndi separation from
ly family, pride Of character, man widely kno