The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-30

Senator Josiah Gswin Says the Best
Lawyers Sometimes Make Mistakes.

II was just thinking OF an incident In
my earlier life that toes to show how the
most astute lawyersS may make mistakes"
said Senator Josiah kiwin, of New Albany
as he sat at his cherry desk in the Senate
Chamber, leaning bc-ck refectively I'm the
big. soft-cushioned chair that he occupies
1T happened way back in 1871, thirty years
ago, when Walter q. Gresham occupied the
position OF Judge Cf the United States
Circuit Court at Indianapolis. Gresham
and / had been boys together and our fam
iiies intermarried &c. some extent, so you
may imagine we wers on pretty good terms
One time when hes was visiting at our
place he said to me- 30, we will have to
get you on the federal jury sometime so
that we can bring ylou up to Indianapolis
TO visit with US andt see the sights Sure
enough, In a short time received notice
10 the effect that my sname had been drawn
on the panel from which petit juries are
made up in the Unitgi States Courts. Dur
ing my period OF stzrvice In this capacity
the famous case of Lamhdin p Milligan
against James r. Sack, Alvin p. Hovey
Oliver p. Morton, Re- hard =. De Hart and
a host Of other prominent men came up
for trial. This was : suit for damages on
account OF alleged; false Imprisonment
brought by Milligan against the men COM
posing the military .court that tried him
and number OF others. including Horsey
and Bowies, as alleged members OF the
traitorouS organlZas zion known as the
Knights OF the Goldep Circle Ben Pittman
the famous stenograsoher and author OF
system of shorthand: was Included among
the defendants TO sMillgan's suit since
Pittman had figured I'm the trial OF Milligan
and the other men BEFORE the military tri-
bunal. In this damage suit, Mlligan was
represented by Josebh L. Mcdonald and
Hendricks, Hord * Hendricks, while the
long string of defenGants were represented
by Benjamin HarriSOn and Jonathan w
Gordon When these men were examining
prospective member; OF the jury TO try
the case / was PLACED in the box and put
through the examination that is customary
for such candidates. Hendricks and Nc
Donald were anxious 10 have me get on
the jury because they thought. since / was
a Democrat, / would have a leaning to-
wards the side of their client, Milligan On
the other hand Harrison and Gordon were
as dead set TO have NE put of because they
believed that same thing about me. Now
as a matter OF fact. while / was then and
am still Democrat. had an utter horror
end detestatiOn for the offence with which
Milligan. Horsey and Bowles were charged
In sober truth. believed those men ought
TO be hung, as they came precious near
being. As / was sitting here at my desk
I got 10 thinking that all OF those big at
forneys that figured I'm that case are dead
now, except General Harrison. and he does
not know TO this day that | am the man
ne was SO anxious 20 get off of that
jury and what a mistake he made in my
case.
.'Afilligan sued for 100000 and was
awarded a verdict o. s.. which of course
was swollen considerably by the costs of
the case. A curious feature OF II was that
seven years after the judgment was en-
States government. l don't know why this
Was So