Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-05-09
AN EXCESSIVE VERDICT.
The Kflbourn.ThOmpson Case.
JUDGE HAGNER SETS ASIDE THR Ss7 500 VERDICT, AM
TRIAL

To-day in the Circuit Court, Judge Hagner rem
dered his decision In the case OF Hallet Kubourn
against John G. Thompson (ex-sergeant-at-arms OF
the House Of Representatives. The damages asked
by Mr.. Kilbourn were s350,oO0, and the verdict at
the last trial gave him So 800. In two prior suits
the verdicts were respectively 800 600 and s6OO00
and they were set aside by the court excessive.
The opinion rendered to-day was upon a motion to
aside the last verdict for S3 500 as excessive
and to grant q new trial
The court said that the only enc OF the numerous
grounds set forth in the motion that 1t would be
important to consider Was that TO excessive dam
ages. The court had examined all the cases cited
In the arguments, and proceeded to compare them
with the Incidents OF this Case. He read a number
OF cases where the verdcts were much smaller
some Of the cases being OF peculiar hardship After
a short resume OF the facts In this case. the court
stated that SO far as 1t was possible there was
cruelty here The court contrasted the imprison-
ment Of the plaintiff, who lived from the House
taurant with the Incarceration OF Others ordina-
~ prison fare. In the Beckwith case the damage
was $S1 per diem in this case II 81 ,O00 1t
would be lien on the defendants property. and he
cepted the verdict ii he thought that Mr THOMPSON
would have to pay It.
Was the jury attempting to punish those who
stood behind Thompson? II the jury had been tod
to find punitive damages, this verdict would have
been excessive. 1t seemed to him from the consid-
Grafton he had given the case that the verdict was
now been eight years depending upon two lives,
either OF which might terminate, and he was dis
tin should, within ve days, file reinittation Of
ST. $780, leaving the remainder OF 10000, which the
court thought large, the Judgment would be al
lowed to stand; otherwise he would grant a new
trial II the verdict was allowed TO stand at S2o-
600 it would be the largest verdict In case OF the
the speaker OF the House injured the planti it was
but proper that they should repair the damage, but
Mr.. Thompson should not be made to suffer for
what they did. He did not wish ii underSood that
he regarded $40 600 as a reasonable sum- nor would
he bind himself as saying II was proper verdict
APPLICATION FOR MANDAMus ON THR CoMMrs-
sioNER OF TIE LAND OFFicE-To-day, the United
States ex rel City OF San Francisco, and Thomas
knight, by Mr. George c. HazletOn, applied for q
mandamus on the Commissioner OF the general
land ofhce, to compel him prepare and present to
the plat and survey % made Of Of the | Pueblo Ian lands is
approved by the land of1ice November lIth, 1873
rule was made by Judge Hagner returnable on
the 10th.
Affairs I'm West washington.
a TUE RACE took place % last evening between
and Evans. The course was from the ish wharf to
the AQueduct bridge and return. The race, which
was very laughaole, was won by MI. Theo. Warner.
TIN CANAL-Arived-Boat Round Top, with 300
barrels OF cement
Alexandrla AFFAIR.
Reported for TIE EVENING STAR
PRIMARY NoNMATloNs.-The democratic pri- |
WAS snS smith, %
sergeant; Leonard Marbury, commonwealth |
attorney; George Duffey, commissioner OF the i
revenue, and John Beach, clerk OF the corpora |
ton court, were renominated for the offices which
they now hold Over 1000 votes were cast. J. s. |
court, the only contested once, Is four hundred
NorEs-Blshop Randolph fs on q visit 70 the /
nrmed class Of sixteen there.-An the water
supply OF the city b TO be cut on for six hours next
Sunday morning; 20 that as the sunday law Is In
force here, Alexandr1a win be forced during that
time 70 rely on milk-Thoe. Bayne and Tho6
Hoy, twolads that ran on from their homes about
week AGO, have come back sadder ana wiser boys
The regular conductor and engineer OF the
Warrenton branch Of the Midland railroad. have
been suspended Tor violation Of the running regula-
tionA