The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-01-29
Mr.. KiLBoyRN's JUDGMENT.
What T. Costs Congress to Imprison Nm
UnlaI Fuily-A Talk With the PIs:nSiT IN
Celebrated Case.

What !, Costs Congress to Imprisoa MN
UnIa' fuily-A Talk with the PIG:niT in
a Celebrated Case.
"Will Congress make the ap?-opria-
ton to pas YOU. judgment against ex-
Sergcant-at-Ar rs John G.. Thompson?"
asked q reporter of Mr. Hallet KiIbourn,
That is a u l::er for Gongcess and
Thompson to settle" answered NJ. XII
bourn. My :uI-me2t is against
Thompson as an iaI.vidlai and not as
Sergeant-at-.t~;n5 Of Il, House of Rep-
rcscntatircs, therefore / have nothing
to do about any Congressional appro-
pria ton for Thompson relief"
How lolg o. YOUR controversy with
the House and is SccgcaIt-at-Armsb been
going ol?'
1T viii be nine years next month
by the House Of Representatives. | was
discharged from custody on writ of
habeaS cOrpu; in April. 1876. | then
instituted salt against Thompson and
others, and fought it through the coaris
Of the Dist let md the United States Su-
rreme COu-t. The latter tribunal rem
dere / an unanimous opinion against the
arbitrary and lie a! action on the part
OF the Hou-e Of Representatives in or
deting my Arrest AMI Imprisonment,
All sustained M suit against Tnomp-
sou for false Imprisonment"
Then followed the jury trialS?"
Yes. sir; the Supre re Cour5 having
settled the law of tie case remauded it
back to the District Court for trial by
jury to assess and fix the amount OF
damages"
How many jury trials have there
BEEN
Three" said Mr. Kilbou~n. The
first trial resulted in a judgment Of
S10J.0J0. which was set a.ids bv Judge
Macarthur. The second jury rendered
Il verdict OF $4,000, which was set
aside BY JCdge Cox: the last jury
brought in a verdict for 5000, wnich
JudTe Hagncr cut down to $4,000"
Have YOU accepted that
Il accepted the situation ut that fig
ure. as life WAS too Shor. to continue
going through the farce OF a ,rial BY
jury when the continuous dictum of the
Judge on the bench set at naught
the solemn Judgment OF the
jury, who by the constitution and the
law were alone authorized to assess the
amount of damages us developed by the
evidence submitted in the trial"
Did not the Government defend the
suit for ThompSon?"
20. yes, and employed in all some
twelve eminent lawyers, who contested
the matter ut every stop.
You must he DESTROYS of having the
matter setilcd?'
We'll. am taking the matter philo-
sophically." answered Mr.. kilb0urn. Il
didn't institute the suit for the money
consideration that might possibly re-
suit. In fact. my expenses III the nine
years contest have far exceeded the
amount OF the present Judgment | felt
that it was an illegal and unjust pro-
ceeding on the part of the House 0f
Representative; to order the arrest aad
Imprisonment of citizen not even ac-
cIlSed of violating any law, and | dcter-
mined to test the matter i'll the courts
and pursue it to final cOncusicn. /
have succeeded step by step up tn the
present. an! the principle has finally
been judicially settled that Congress,
even in the plentitude of lis power, can
not order tie arrest and impri ;onment
Of the humb,cSt citizen, except BY due
process Of law. And | should think
Congress would be glad that the vexei
question had been jliicially disposed
of. Washington Star