National Republican., 1883-11-19
THE COURTS.
The Verdict in the Kilbourn Case Set Aside
by Judge Cox.
Other BUSINESS Transacted in the Legal
Tribunals on Saturday.
THE K1IBouRN VERDICT SET ASIDE.

tice Cox, on tho motion for n new trial in the
case Of Hallet Kilbourn against ex-Sergeant
at Arms John G. Thompson for fale imprison-
ment delivered his opinion, granting new
trial. The plaintiff claimed $350,00O and the
jury awarded him 100000. Col Totten was
present for plaintiff District Attorney Cork
hill and Mr. Randolph Coylo for tho defendant.
His honor said that this was one of those cases
in which n jury was apt to be carried away
by impulse, and that tho court shonid stand
guard, as it were, over the jury. Ittyas dill
cult to keep the sins of tho house cof repre-
sentatives out of the case, and the argu-
ments very naturally were as to the conduct
of tho house. The wrong complained of was
that the arrest was without authority. He
could not see how the fact that the house of
representatives ordered the arrest and impris-
onment increased the offense. He rather
thought that fact should go toward mitigating
the grievances. His honor then read section
$50, revised statutes, as to collections of
revenue, in regard 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. (412, IL, Blatchford.)
This fact should not be considered by the jury,
for the defendant should be treated precisely
as private citizen. He could see no error in
his instructions to the jury to that effect.
Tho items of injury were noted,
loss of business being the first
and complainant alone testified as to this. AS
this was grievance caused by the house of
representatives before the defendant Thomp-
son came upon the scene at all, he could not
see how it could rightly enter into the COM
putation of damages. 1t seemed to him that
instead of tho verdict being for damage
done to the health of the complainant it
was for injury to the complainant's feelings
Here is the difficulty of properly drawing the
line between compensatory and vindictivo
damages. His honor having read several
cases in which verdicts were obtained of f300
and upward, said they were for exemplary
damages. The intent of the party commit
ting the grievance is another thing,
and several American cases were noted
on that point. Whenever tho injury
complained of has been inflicted ma
liciously or wantonly and with orcum-
stances of contumely or indignity, the jury
are not limited to the ascer rtainment of o
simple compensation for the wrong COM
mitted against the aggrieved party. The
doing of an unlawful act is not the malice
spoken of. The intent of the party COM
mitting the injury OF wrong should be con-
sidered, and evidence as to such intent should
be given. The jury could not in this case,
without going beyond the law, award exem-
plary damages. He would then discuss the
case as though the verdict had been for COM
pensatory damages, and in arriving at the
measure of damages he would consider it in
comparison with other cases. He here
noted several cases in which verdicts for
S400 and upwards had been set aside.
Although these were criminal cases they
were pertinent, for they were on charges
of crime and not for contempt There were
number of cases of arrest by military
authority, and he mentioned the cases of
johnson against Hampton, in the war of
1912, and Mccall against Mcdowell, in the
late war. He referred them to the case of
Beckwith against Bean, in which tho plain
tif obtained verdict for $4,000, the highest
which had been brought to his attention.
The arrest of the plaintiff in this case was
sort of friendly invitation, and tho plaintiff
was not treated anything like as bad as was
Beckwith. Finally, in the light sof all
precedents he thought the verdict excessive,
and felt it his duty to set 1t aside and award
new trial. He had hoped for verdict that
could stand. Had the jury found for 900
or $4,000 or more, although he would have
regarded it as excessive, he would have
allowed it to stand.
GENERAL NOTES.
On Saturday Mr.. j. j. Weed, for Elizabeth
II. Sebastian. filed bill for divorce from
John IL. Sebastian. They were married in
Georgetown Sept. 15 1870, her name then
being Lambdin, and they have two children.
She charges that three weeks prior to the
Dlrln OF inc Cnllu, III 1910, ne aO-
sented himself from her that he treated her
with great cruelty, and from April, 1875, to
January, 1883, failed to support Ter, during
which time he abandoned her; that she was
forced to seek shelter with her grandmother
that in January last he returned to her. but
again left. She further charges that he com
| mitted adultery.
again the hoirs of Martin Buell. and others fol
the appointment of trustee to release a cer-
| tain deed of trust.
! Tho new seal for the supreme court of the
| District of Columbia has been completed by
Mr.. w. f. Lutz and accepted by tho court
| The design Is medallion head Of Washing
ton, after the bust by Houdon. The ole
seal, engraved by Staber in 1S43 was formed
of figure of Justice, with sword, scales, &c.
Justice Hagner, in the equity court Satur'
| day, in the case of Whelan against Lowe
Darneille, and Reese, discharged the restrain
ingiorder and denied the injunction. His honor
in the course of his remarks, took occasion Il
criticise the action of the complainant a
deserving of ceusure. The case was one il
which fraud was alleged
| THE RECORD.
Equity C6urt-Jtlstice Ha0ner.-Whelan VS.. Lowe
injunction granted and restraining order dis
charged. Jones vs Jones; rule on defendant re
tnrnable N9y, 20, 1883, granted. Adjourned unit
| Monday at 10 a. m.
Circuit Court-JWstice cor.-Kilbourn VS.. Thomr
SON. motion Tor Il new trial granted.
Circuit CJurt-JttStce MdcArthur.- Johnson V:
Field; motion by plaintiff to amend declaration
granted; order for commission to issue to TAX
testimony of John NJ. Burnett of Cleveland, Ohio
also John W. Gray, of Tucson. Ari2. Sturlevant
use of Main, VS., Carpenters demurrer overrule
aud leave granted defendant To plead over in te
DAYS. McGee vs.. McGee; bill of exceptions filed.
Criminal Court-J,tdGe IPulie-ArGhibald Fletche
alias Archer Fletcher: assault with intent TO kill
called and failing TO answer recognzance for
ieied. John B. Louden and Henry Scott, rape
recoguizance forfeited. Thomas Gross, arraigne
on indictment for aSsauling Police Officer Flt7
gerald, pleaded not guilty. William Harris, alia
Robert Harris, larceny; called aud falling 70 an
swer recogni2ance forfeited. Adjourned till Nor
day at 10 a. IN.
NEW SUITS.
No. $3.50. Jane Farnhnm VS., heirs Of Martl
Buel and others; bill for appointment Of truste
to release trust. No. $780, Johnson VS.. Johnson
COURT CALL
EQUITY Court-Jud0e Hdgner.-Nos. 10, 81, %, Q
25, u, 80, aud 50.
Circuit Court--Judqe MacArthur.--Nos, 80. |, IL
TO- 80, 9l, l16, no. III, and llS,
Criminal COurt-JHdqe WWfe.--Nos, II 600, 1851
14,7O6, 1l,0s3 l503i 45sS, l5OS7, l496i and li,49
| for tba nl Ar,tnr