Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-02
A. D. Bingham is Also Awarded 49,
600 Damages From the
Same Company.
Judge Caldwell Pays His Respects to
Col. Thompson and Admits Him
to Practice.
The Colonel Expresses His Thanks
to the Judge in a Very Com
%plimentary Speech.
u. s. Cou t.
From Fridays Daily.

lRlOu GlluaS Q onAAysJ
At the opening of court yesterday the
verdict of the jury in the Hanley
VS.. the Northern Pacific railroad
case was rendered, being in ia.
vor of the plaintiff, with an award for dam
ages in the sun of $1,000.
Before proceeding with the case on trial
at the time of adjournment, Bingham VS..
the Northern Pacific railroad company,
Judge Caldwell said that he noticed with
in the bar his old and much respected
friend Col. VIM. Thompson, from whom he
received his first instructions as a lawyer.
He had been familiar with his history for
all the years since that period, and remem-
bered we'll his connection with and his
standing as all attorney in the U. S. dis
trict and circuit courts of Iowa. With
other remarks both pleasant and highly
complimentary to the colonel he concluded
by ordering the clerk Of the circuit court
to place the name of Col. Thompson upon
the roll of attorneys admitted to practice
in the U. S. circuitc court without the GUS
tomary fee.
Judge Thomas made the same order in
relation to the district court.
Col. Thompson gracefully thanked the
respective judges OF the courts as follows:
May it please the court, l I'm a thousand
times obliged for the voluntary order that
has been made on the records of the court.
There was a period when l took great
pride in appearing before such august
That day has cones far as l feel it a duty,
but | ask to say that there is no place on
earth that l so much delight in
being as in the presence Of and
before a court of law. l look upon it
as being deservedly at the very head of
ing that gives me greater pleasure than to
pc in the presence OF such worthy digni-
taries as ordinarily constitute our courts,
and particularly the association with the
officers of the court. l mean the legal
profession, to which l once belonged and
honorary standing of an effete, retired
man. But l do want to say in the presence
of this court and in the presence of the
people that with all my experience, and
apart from all personal prejudice and pre-
possession that l may. have for the profess
sion, there is none that stands higher in
the world. II am aware that there is a pre-
ludfce among a great many people against
lawyers. Why, your honor, they have
been, at the very foundation of all freedom
in every country. They have been the
very persons that have maintained the
rights of the people as against the rights
Of the tyrants everywhere. If the people
cannot find friends among the lawyers,
God knows they are friendless indeed. :
+ want to say one other word. l have
known the honorable gentleman that has
been pleased to speak of having known
me since his %boyhood. l have known him
as being one among the brightest young
mpn nf w oauuointop0 Hova I,or,
him as having been regarded as one of the
brightest of scions that ever attempted to
study law. | have watched him come up
with a reputation that was so extraOrdi.
nary that it put him at the very height of
official prominence in the army at the time
was an exceedingly y%oungssman. I have
known him to be transferred, in conse-
quence of his great ability, from the saddle
in the army t. the seat that he occupies
now upon the bench, rs, 26 or 81 years ago.
! don't remember the exact date. my recol-
lection is not reliable as to figures, but l
was present at the time that he left the
service in which he had done it the great
est possible honor, for a position that l
have learned has been as glorious as that
OF any other judge in the United States.
I have talked deliberately with Mr.. Gar
land, formerly Encouragement of the
United States. He was a democrat. to be
sure, but he spoke of this man more eulo-
gistically than 1 lave ever heard a Judge
spoken of before.
Your honors, I am very much obliged.n
(Applause.)
MI. Lloyd of jamestown was excused
from further attendance as juror the pres
snt term.
The trial Of the case of Bingham vs.. the
Northern.P Pacific railroad was then contin-
ued, the plaintiff recalling Geo. Nash for a
single question, and reading several depo-
sitions of present and former employees of
the railroad company relative to the near
track and the condition of the plaintiff
when first seen after the accident.
@Dr. kendrlck was called as an examining
expert as to the present condition of Bing-
hams arm, and the plaintiff closed with the
deposition of DR.. Dorman Baldwin of
Jamestown, who treated plaintiff to three
or four small bottles of liniment.
The defense called VIM. Mangold, q tele-
graph lineman, who testified that the tele-
graph pole was planted within 4 feet 5
inches OF the track, by measurement. G.
d. Short, the rOadmaster, made the distance
one inch greater. The defense attempted
to show that there were other objects along
the line Of the railroad between James
town and Mandan, such as elevators, water
tanks etc., that were nearer the track than
the telegraph pole, which the court would
not allow, as 1t could have no other bear
ing than to aggrivate the carelessness of
the railroad company. The balance of the
testimony was of a medical and surgical
character, given by Dr.. Courtney in charge
Of the Northern Pacific beneficiary associ-
alton hospital at Brainerd, and DR.. DePuy
Of Jamestown; DR.. Kendrick being called
in rebuttal. Attorney for plaintiff waived
argument and counsel for the railroad
made but few remarks to the jury. Judge
Caldwell charged the jury to the effect that
there was no CONTROVERSY as to the danger
GUS arm of the telegraph pole to the
railroad track, and the question of damages
was the only one to be considered. The
jury retired at IL O'Clock and during the
noon recess returned a verdict for the
plaintiff with damages at $1,000 ~ g.sd
In the afternoon the case Of the United
States VS.. Fulton was called, this being the
Casselton pOst0ffice, or rather postmaster
case. District Attorney Selby moved that
it be continued to the next term. stating
that as the question Of the sanity of the re-
spOndent being an element in this case 1T
was thought best by the government that
itbe postponed. There being no objection