Indiana daily times., 1921-09-06

ton was certified from the Circuit to
the Supreme Court of the United States.
and the Supreme Court was asked to
pass upon the following points:
PUT QUESTION TO
SUPREME COURT.
Il. On the facts stated in petition and
exhibits, ought a writ of haveas corpus
be issued according to prayer of said
petitioner?
40 On the facts stated in petition and
exhibits, ought the said Milligan be dis
charged from custody as in said peti-
ton prayedf
"3 Whether upon the facts stated
in petition and exhibits the military
commission has jurisdiction legally to
try and sentence said MiIligan in man
ner and form as in said petition and ex
hibits is stated?
This placed the question before the
Supreme Court of the United States. For
the petitioner appeared J. Mcdonald.
7. S. Black, James A. Garfield and
David Dudley Field. For the United
States appeared Speed the Attorney
General, II. N. Stanberry and Benjamin
+. Butler.
But the day fixed for the final tragedy
was fast approaching May 10, 1865.
There was no time, IT was now mani
fest to obtain a decision of the Supreme
Court before the execution. 1t was a
fearful moment for prisoner. He wrote
to his family to prepare for the worst.
He selected his pallbearers and made
all necessary arrangements for his
funeral His gallcws was built by rebel
prisoners at indianapolis.
AT this time, however, his counsel, his
wife, and many prominent citizens Of In
Of hnf ut L
publicans Oliver P. Morton, then Gov
ernor, and Hor. John Z. Petit ot
Wabash, strongly recommended a COM
mutation of the death sentence. His wife,
who had been n school mate of Edwin
NJ. Stanton, went TO Washington and saw
Stanton in person. President johnson
was importuned by Governor Morton. by
John [. Petit AMI many prominent per-
sons throughout the Nation, to commute
the sentence to Imprisonment for life
The day before the day fixed for the
execution, the conImutation was received
from Washington and Mr.. Milligan was
sent to the prison at Columbus, Ohio.
Afterwards. in March, 1866 the case
was presented to the Supreme Court of
the United States and decided on April
3 Of that year. Able Arguments were
made for the petitioner. perhaps the most
eloquent being that of James A Garfield.
The opinion was rendered by Judge Da-
Tid Davis. The decision sustained Mr.
Milligan's petition on all the points as
heretofore set out. and he was discharged
from custody. having been imprisoned
something like eighteen months. The de-
cisiOn of the Supreme Court was unani-
nous as to his discharge. but Chief Jus
tice Chase, Justice Wayne. Justice
Swayne and Justice Miller dissented on
some Of the reasoning of the principal
opinion. The case is fully reported in
Fourth Wallace. pages to 142 The
opinion cannot be set out here, as il Is
too voluminous, but 1t Is said in this
opinion that-'no graver question was
ever considered by this court, nor one
which more nearly concerned the rights
of the whoe peope' The whloe Opin-
ion with dissenting view by some Of the
judges may be considered a most inter
esting chapter in American history.
FRED RETURNS
TO HUNTINGTON
Mr.. MlIigan returned to his home in
Huntington in April. 1866. He was af.-
erward indicted in the Federal Court at
indianapolis, May, 1866, by the grand
jury, on the same charge on which he
had been tried by the military commits
sion, but was allowed to go on bail
The case was not pressed and was afte-
ward dismissed. In the spring If 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 Hen
dricks was his lending counsel and Gen.
Benjamin Harrison the leading attorney
for the defense. The trial was a long
one, the defense setting up on mitiga-
tion OF damages that Mr.. Milligan was
in fact guilty Of the charges upon which
the commission tried him. Under this
plea al the evidence was again intro
duced, and the jury found a verdict for
Mr.. MilliGan in the sum Of s..
He resumed the practice Of law at
Huntington, and was engaged to some
extent In stock raising lie again be
came, as he had been before the war, one
Of the leading lawyers in Northern In
diana. He became much interested In
Internal improvements, gravel roads,
drains and was one OF the promoters OF
the Chicago and Atlantic (now ErieJ
railroad. He was practically ruined
financially by his troubles during the
war, but before his death had become
quite well fixed-ownlng a fine farm and
considerable city property in Hunting
ton.
He continued to practice law actively
until Oct. %, 1897, or sixty-two years
after he was admitted to the bar. On
tha tday he arose in his place in the
Huntington Circuit Court and, in an sd-
dress specially remarkable for It's
eloquence, dignity, and simplicity, an
nounced his withdrawal from the bar
and practice, stating, among otner
things, that he felt himself to be on
the best of terms with the court and
brethren Of the bar, and equal TO the
task Of trying cases, but for HIS in
firmity of hearing and indeed, this
seemed to be his only difficulty, as he
had during the same term tried an i'm
portapt case with his old time ability.
He was a man of giant size and
marked intellect. He was absolutely
without affectatiOn, kind hearted, simple,
approachable, digniied and courteous
He had, however, upon ocasions, the
power to exercise a blrsting sarca sm
Whatever may be said by his political
opponents of his career, all parties must
admire his wonderful patience and un-
fiinching courage when he was under the
shadows Of The gallows. Others charged
with him ran off. turned States evidence,
hastened to explain and apologize, but
uC me- tCt "a'7Aci Aoi Aoheht' anu III
this, like Brutus. he was the 'noblest
Roman of them all
The reminiscent interview Is as fellows ::
Mr.. Milligan seldom referred TO his
experience as a military prisoner during
the war, and when he did talk on the
subject there was little trace of bitter
ness in his remarks. 1t is related that
a mutual friend once introduced him to
a stranger visiting in the city.
"Milligan did you say, sir?" said the
visitor, as he shook his hand warmly.
Let me see, the name is familiar. By