The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-05
SUPREME C0usI-cHAMBEpS.
The LRrkin Murder-The Parties Accused Ad.
mitted to Bail.

mltfed TO Bail.
Before Judge Sutherland
In the Matter or the Certiordri OF Hugh Carnpbeu
and otherS.-Yesterday morning counsel applied for
the discharge OF The petitioners, Hugh Campbell
James Berrigan and Ann Hines, who were committed
BY Coroner Flynn for the wilfl murder OF Felix
Larkin, q wen known Eighth warder,, on the
morning OF November 25, 1858. The application was
made upon habeas corpus and ceriiorari and the
usual return was made by the District Attorney
that the prisoners were legally committed aud held,
&C. TIE prisoners counsel traversed the return and
IN adjournment was ordered to two O'Clock to
Al Uat hour the case was again called on the
prisoners being In attendance and Mr. Blunt appear.
ing for the District Attorney. The court was
crowded by heavy detachment OF the square jawed,
rough element that always attends the development
Of any criminal proceeding In this city.
Mr. Howe, In opening the case said the proceed
ings before the Coroner were extraordinary In the
extreme, no witnesses for the defence being ex.
amined, time allowed the prisoners TO be repre-
scented by counsel and no cross Examination or tho
witnesses for the prosecution being permitted, and
the Coroner charged the jury that III was their duty
10 find verdict against all OF these prisoners from
the evidence they are all guilty. thereby precudng
the jury from arriving at verdict upon their own
conclusions and coercinR them into the decision they
ultimately rendered. he then cited cases IN which
II had been held that similar rulings OF had
been held 10 DC illegal.
Judge Sutherland said he could not avoid seeing
accounts OF the homicide IN the public prints, and
that they had necessarily left some impression but
he now wished to hear the case on the record.
TIE TRAVERSE TO TUE Return.
Supreme court heto York-In 70, cerftor1rf Of
bell, by William f. Howe. his counsel, traverses
the return made to the writ OF certiorari
sd Coroner lynn was esa and that the SeiG ar
ndavits and dispositions taken before said Coroner
cannot be legally received or taken as evidence for
the reason that said coroner illegally and unconstitu-
tonay denied this traverser the aid OF counsel and
said coroner refused 10 permit either this
MS counsel TO cross-examine put any questions
whatever TO any OF the Witnesses whose dispositions
returned with said writ OF certorar And this ira
says that the return herein bad and insuin
joined herein and thai the same be srien ~ this
court. WILLIAM 7. HOWE.
OF counsel for said Hugh Campbell
CAnPBELL's AFFIDAVIT
supreme court, Netc fork-Ia the matter or the
gdn ana Ann Haes-Cty and county or Netr
York, Ss.-Hugh Campbell, Of said city. being duly
sworn doth depose aud say that he is one OF above
named REALTORS and is now confined IN the New
YORK city Prison on charge Of killing one Felix
Larkin.
Deponent says that between two and three O'Clock
on tue morning OF Wednesday, November 25 1865, h,
wac alone IN his oyster saloon, corner OF Hudson
Watts and Canal streets, in the city or New York
whicn he had previously closed and barred and wa.
about going TO bed when he heard number OF voices
anu solue men pounding at the door demanding adj
mttance. Deponent proceeded 10 the door and in
CURED who's there ~ A voice from the outside re-
Piled Friends let US in" Deponent accordingl,
opened the door, and I'VE strong, powerful, wei
butt men entered, foremost among whom was
FeaS Larkln, and who appeared Infatuated
nent and called for some ''oyster stews.r Depo-
nen answered that II Was too stews, as MS
IRE HAD gone out, but he would give the party raw
oysters II desirable. Lsrkin did not RESPOND. out
approached table On whlch was placed ham and
requested deponent to cut some OF the JOINT FOR him.
Deponent took q ham knife and Gu. some slices
winch The men present indecorously took with their
hands from the large dish. Deponent told the men TO
wait aud he would procure some plates, when
Larkn CALCULATED, "Ny -, you Cod damned son
ola b.; VINO Ia the hell are your Deponent said
10 Larkin that Il was unnecessary 10 use such india
Ara 4.
nRhietr' Deponent answered, "No.n when Larkiu
pulled out a pistol and With an oath, eyelcd & a.
ueponcnIs head. Larkin cooked the pistol and az.
tempted to nre II, but the lock merely clicked and
the pistol was not discharged. Deponent then ran to
MS counter anu puIied nom behind IL small club,
and as Larkin was about again level the pistol he
struck G mn, MN a,s ploW on the head with the
me Spe an where 4 opponent tnsn rushed
for the police and raped for assistance with bs
club. When deponent returned from the street he
was again attacked By Lsrkin and the remainder of
the gang, headed by one 0'Day, aud scnfle ensned
between Opponent aud Larkin, said Larkin forcing
deponent ia an enclosure and striking deponent
while he was lying down. Deponent further says
that knowing Larkin's character and reputation and
his lighting propensities dsponent was afraid OF
saying or doing anything which might give Larkin
nv offence Deponent also says that he did not at
deponent stab said Larkln, but that after the fatal
occurrence the policeman found the knife with which
appears BY the e. in Of ocer p bar p Of
McAdans, and which was the only knife deponeni
nd ~ l SahIs or touched during ne anrsy, and
1p2n ~ Deponent has been informed and
very believes that said o'Day was O per.
SOMA ana ardent friend or the deceased, Felix
lMrkin and that the statement which eaid
Onay made before the Coroner that deponent
siabbed Larkn, Is Untrue; and deponent saws that
fhe only weapon depobent had 1t the time ftbe al.
ureaii0n was small club with which he raped for
the assistance of the police end that the stab wounds
were inflicted by persons other than deponent-the
aie nam knife having been provionsy lnd As de Nv
otD"nsnt That dep0nent resaiDet william J. Howe