Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1885-03-12
Mr.. klLBOURN's JUDGMENT.


What 1t Costs Congress to Imprlson Man
UnlawfulIy-A Talk with the Plaintiff i'm
| Celebrated Case.
"Will Congress make the appropria.
ton to pas your Judgment against ex-
Sergeant-at-Arms John G.. Thompsonp"
asked areporter of Mr.. Hallet Kilbourn,
THAT is matter for Congress and
Thompson to settle" answered Mr.. Kill
bourn. my judgment is against
Thompson as an individual and not as
Sergeant-at-Arms of ths House of Rep
resentatives, therefore l have nothing
to do about any Congressional appro-
priation for Thompson's relief"
"How long has your controversy with
the House and its Sergeant-at-Arms been
going onp"
ut will be nine years next month
since the first proceedings were initiated
by the House of Representatives was
discharged from custody on writ OF
habeas corpus in April, 1876. l then
instituted suit against Thompson and
others, and fought it through the cOnrts
of the District and the United States Su-
preme Court. The latter tribunal rem
dered an unanimous opinion against the
arbitrary and illegal action on the part
of the House of Representatives in or
dering my arrest and imprisonment,
and sustained my suit against Thomp-
son for false Imprisonment.
''Then followed the jury trialsp"
Eyes, sir; the Supreme Court having
settled the law of the case remanded It
back to the District Court for trial by
jury to assess and fix the amount OF
damages"
How many jury trials have there
beenp"
Three said Mr.. Kilbourn. "The
first trial resulted in a Judgment of
800, 900, which was set aside Nv Judge
Macarthur. The second jury rendered
verdict of 100000, which was set
aside by Judge Cox; the last Jury
brought in verdict for $37 800, which
Judge Hagner cut down to $4,000"
'Have you accepted thatp''
81 accepted the situation at that fig
ure, as life was too short to continue
going through the farce of trial 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 as developed by the
evidence submitted in the trial"
did not the Government defend the
suit for ThompsonP'
20, yes, and employed in all some
twelve eminent lawyers, who contested
the matter at every step"
''You must be DESTROYS of having the
matter settled?"
"Well. 1 am taking the matter philo-
sophically." answered Mr.. Kilbourn. II
didn't institute the suit for the money
consideration that might possibly re-
suit. In fact my expenses in the nine
years contest have far exceeded the
amount of the present judgment. felt
that it was an illegal and unjust pro-
ceeding on tho part of the House of
Representatives to order the arrest and
imprisonment of a citizen not even &C
cused of violating any law, and deter
mined to test the matter in the courts
and pursue it to final conclusion.
have succeeded step by step up to the
present, and the prnciple has finally
been judcially settled that Congress,
even in the plentituIe of its power, can
not order the arrest and imprisonment
Of the humblest citizen, except by due
process of law! And should think
Congress would be glad that the vexed
question had been judcially disposed
OF. - Washington Star.