The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-12
PRICE CENTS As nsEa5 SsD sSEDas Ss ssAs Gsss 2s

In the conviction and sentence TO death or
Colonel Milligan, together with Bowles and
Horsey, Hefron having turned States evi-
dence and Humphreys receiving lighter
sentence. They were sentenced TO be
hanged on the 18th day OF May, 1865. Presi-
dent Lincoln was importuned to commute
the sentences. but before action was taken
he was assassinated. Then the counsel for
Colonel Milligan filed petition for writ
Of habeas corpus. addressed to the United
States Circuit Court, for the release of the
defendant, and presented it to Judge Davis
and Judge Drummond. Judge Davis was
in favor of issuing the writ, but Judge
Drummond dissented. The grounds of the
petition were the same as set up at the
trial at INDIANAPOLIS, and were that the
military commission had no jurisdiction
to try a citizen of Indiana.
BEFORE SUPREME COURT
A division of the judges having occurred,
the question was certified from the Circuit
to the Supreme Court of the United States.
and the Suprme Court was asked to pass
on the following points:
First-On the facts stated In petition and
exhibits, ought a writ of habeas corpus be
issue according to prayer OF said petit
toner?
Second-On the facts stated in petition
and exhibits. ought the said Milligan be
discharged from custody as In said petition
prayed?
Third-whether upon the facts stated in
petition and exhibits, the Military Commits
sion has jurisdiction legally to try and
sentence said Milligan in manner and form
as In said petition and exhibits is stated!
This placed the question before the su-
preme Court Of the United States. For
the petitioner appeared J. L. Mcdonald. j.
s. Black, James A. Garfield and David
Dudley Field. For the United States ap-
peared Speed, the attorney general, II. M.
Stanbery and Benjamin F. Butler. But
the day fixed for the final tragedy
was fast approaching, May l9. 1865. There
was no time, 1t was now manifest, to OBJ
tain a decision Of the Supreme Court be-
fore the day fixed for the execution. 1t
was a fearful moment for the prisoner. He
wrote to his family to prepare for the
worst. He selected his pallbearers and
made all necessary arrangements for his
funeral. His gallows was built by rebel
prisoners at Indianapolis. AT this time.
however. his counsel, his wife, and many
prominent citizens of Indiana Of both par
ties among the Republicans, Oliver p.
Morton, then Governor, and Hon. John L.
Petit, Of Wabash, strongly recommended
a Communication of the death sentence. His
wife, who had been a schoolmate of Edwin
NJ Stanton, went to Washington and saw
Stanton in person. President Johnson was
importuned by Governor Morton, by John
T.. Petit and many prominent persons
throughout the Nation to commute the
sentence to Imprisonment for life. The
day before the day fixed for the execution.
the Communication was received from Wash
ington, and Mr.. Milligan was sent to the
prison at Columbus, o.
Afterward, in March, 1866. the case was
presented to the Supreme Court OF the
United States, and was decided April 3, of
that year. Able arguments were made for
the petitioner, perhaps the most eloquent
being that of James A. Garfield. The opin-
ion was rendered by Judge David Davis.
The decision sustained Mr.. Milligans petit
ton on all the points as heretofore set out,
and he was discharged from custody, hav-
ing been imprisoned eighteen months. The
decision of the Supreme Court was unani-
nous as to his discharge, but Chief Justice
Chase, Justice Wayne, Justice Swayne and
Justice Miller dissented on some OF the
reasoning of the principal opinion. The
case is fully reported in 4th Wallace, PIP.
2-142 The opinion cannot be set out here, as
| it is too voluminous, but 1t is said in this
opinion that mo graver question was ever
considered by this court, nor one which
more nearly concerned the rights Of the
whole people, The whole opinion, with
dissenting view by some Of the judges, may
be considered a most interesting chapter
in American history.
CIVIL INDICTMENT.
Mr.. Milligan returned to his home in
Huntington in April, 1866. He afterward
was indicted in the Federal Court at In
dianapolis, May. 1866, by the grand jury,
on the same charge on which he had been
tried by the military commission, but was
allowed to go on bail. The case was not
pressed and afterward dismissed. In the
spring of 1868 he brought suit against the
members Of the military commission and
others for damages for his imprisonment.
| The case was tried in May. 1871. Thomas A.
Hendricks was his leading counsel, and
Gen. Benjamin Harrison the leading attor-
ney for the defense. The trial was long
| one, the defense setting up in mitigation of
| damages that Mr.. Milligan was, in fact,
guilty of the charges upon which the COM
mission tried him. Under this plea all the
evidence was again introduced, and the
| jury found verdict for Mr.. Milligan in
| the sum Of S.
He resumed the practice of law at Hunt
| ington and was engaged to some extent in
| stock raising. tie again became, as he had
| been before the war, of the leading
lawyers Of northern Indiana. He became
much interested in internal improvements,
gravel roaos, drains, and was one Of the
| promoters of the Chicago e. Atlantic (now
| Erie) Railroad. He was practically ruined,
| but long before his death had become quite
| well-to-do, owning a fine farm and consid-
| erable city property in Huntington. He
| continued 10 practice law actively until
| Oct. q. 1897, or sixty-two years after he
! was admitted to the bar. On that day he
| arose in his place in the Huntington Cir
| cult Court and in an address especially
| remarkable for its eloquence. dignity and
| simplicity, announced his withdrawal from
| the bar and practice, stating. among other
| things. that he felt himself to be on the
best of terms with the court and his breth-
| rem OF the bar and equal to the task Of try
| ing cases. but for his infirmity of hearing,
and, indeed, this seemed TO be his only
difficulty, as he had during the same term
tried important case with his old-time