Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-11-17
THE KILROUKN.THEOMp SCTE.
The S6O,9G0 Verdict Set Aside.
JUDGE CoXS DECTSIoN-A REVIEW OF THE CASE
TIE VERDICT EXCESSIVELY NEW TRIAL AWARDED.

JtDdE COAS DEC1S1ON-A REVIEW OF CASE
THE VERDICT EXCEssIvE-A NEW TRIAL AWARDED.
This morning, in the Crcuit Court room. Judge
Cox decfdedt the motion 20 aside the verdict in the
case OF Hallet kilbourn against eS-Sergeant-at-
Arms Thompson. The suit was for s35na,a dam
ages for the arrest and imprisonment of KthOurn
(by order of the House of Representatives,. and the
jury returned verdict for pl3ntiT $50 0no dam
ages Defendant moved to set aside the verde t.
ana this motion was argued on Saturday and Mon
day last.
Judge Cox said that this was one Of the cases in
which jury was apt to be- carried away by i'm
pulse, and It was one in which the court shonld
stand guard. rs it were, over the jury He had lis
tened atfentlvely to the arguments Some crlti-
HiSm had been made Of the charg" OF the court to
the jury. 1t was difficult to keep the sins OF the
House of Representatives out CT the case. and the
argument very naturally was as to the conduct of
the House. The wrong complained Of was that
the arrest was without authority. How the
fact that the House OF Representatives, or
not see but he could see why that fact should go
towards mitigating the grievances. He read section
aSs X. = as to collectors OF revenue-as to the
amounts recovered from them being payable by the
United States Congress intended that In case OF
probable cause that the government would pay the
Judgment a4le, - Elatchford, This fact should
not be considered by the jury: the defendant
Should be treated precisely as private citizen He
had seen no error IN his instructions to consider
ing the defendant the sole party at interest.
The items Of injury Were noted, loss OF business
being the first and in this there was only the test-
mony OF complainant. He could not see how this
| could properly enter into the computation OF danl-
ages for this was grievance OF the House, which
was done before defendant came upon the scene
Next; he considered the question of damage TO
health OF plaintiff, and said the verdict seems to
have been based on injury to the feelings OF the
plaintiff. Here comes the difficulty Of drawing the
line between compensatory damages and vindictive
damages. He noted several English cases. IN which
verdcts for l300 and upwards were obtained. and
salti they Were for exemplary damages.
hot tty-,a aS<r,r
exemplary damages was imperfectly outlined. Sev-
eral American cases were noted showing the
intent OF the party committing the grievance
Whenever the injury complained of has been In
flicIed maliciOusiy or wantOnly and with cIlcum-
stances OF contumely or indignity the Jury are not
limited to the asoertanmslI OF simple compensa-
ton for the wrong comEAsesed against the ny
giicved party. But the malice spoken Of IS not
merely the doing OF an unlawful act The intent of
the party committing the wrong should be consid-
cred, and evidence as to such be given They could
not In this case, without going beyond the law give
assume that they gave the verdict as for compenSa-
tory damages and he would discuss the case as il
That was done In arriving at the measure of
damages he had to consider II in comparison with
other cases He noted several cases in which
diets for sio0 and upwards were set aside. These
were criminal cases. but were pertinent for they
tempt. Then there was a number OF cases
OF arrests by military authority, and he noted the
and Mccall agt. Mcdowell in the late war He
again referred TO the case OF Beckwih agt Bean. in
which the plaintiff was Imprisoned in the state
obtained verdict for $4,000, the highest
which had been brought to his attention
The arrest Of the plaintiff sort of friendly in
vitatiOn. and the plaintiff was not treated any
thing like as bad as was Beckwith In the light of
all precedent he had come to the conclusion that
the verdict was excessive. and he felt it his duty to
set 1t aside and award new trial. He had been in
hopes When the triad was commenced that such a
found for $1,000 to $4,000 or more he would have
allowed II to stand although he would regard it as
excessive.
Mr.. Totten said that they would like an early
trial and asked that some day be named
Judge Cox suggested that Judge Macarthur was
hoiiinS & this term. and lie should be consulted.
Mr. Totten said that Mr. Thompson was now sick
ana II was Imperative that they should have an
early trial.
WHAT MR. KIIBcURN SAYS.
ITO use the language OF the prze-ring." observed
Mr.. kfbourn to a STAR reporter as he was leaving
the court room. we are getting our third wind and
Will come up from our corner smiling"
"Are you discouraged?" asked the reporter
"No, said Mr.. Kilbourn. "We will fight on and
90 ahead right away. Mr.. Thompson however NAV
die. and then we Will have no other recourse
liz" iS'A VII "'''0 d io''s anu n''i'ps
You cannot sue the warden OF the jail or any
NO. said Mr.. Kilbourn. eve have no case
against any one tut Mr. Thompson, as l under
stand It, This trial by jury seems TO be another
fiction OF the law always supposed that Juries
We're judges 9f the fact. and that tIl by jury was
part OF our Judicial system"
WHAT HIS COUNSEL SAY.
"Iour client Is not discouraged" remarked
STAR reporter to Nj. Enoch ToIten one OF Mr. Kill
bourns counsel.
81 am not discouraged, either" said Mr.. Totem
'I want a new trial."
s'Do you think you win get bigger verdict?"
81 tlink," said Mr. Totten, sthat we will get more
than 800, ,o0U next time"