New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-05
THE LARhTN HOMICIDE.

CAMPBELL, BERRIGAN, AND THE COOK, ANN
HYNEs, TO BE RELEASED on BAIL.
The matter of bailing Hugh Campbell, Jas.
Berrigan, and Ann Hynes who were committed by CorO
ner Flynn for murder the first degree in the proceed
ing before him for the murder Of Felix Larun came up
Yesterday before Judge Sutherland. Mr.. Howe was the
counsel for the defendants under the two ws OF habeas
corpus and certiora The return to the former set up
the commitment the to the latter contained the
whole "inqustion" and the testimony taken on It, Mr.
Howe said that they proposed to show that the pro-
ceedngs before the Coroner TO say the least extra
ordinary. No crOssexaminaton OF the witnesses pro-
duced was allowed to the accused No testimony was
admitted their behalf and at the conclusion OF the
testimony the Coroner had charged the jury that the de-
PENDANTS guilty thus precudng the Jury from pass
ing on the case lie cited the Of Madame Reste to
show that evidence gwen under scn circumstances was
not testimony against the accused -
The Court suggested that the case must turn on the
evidence gwen before the Coroner and that anything
else irrelevant. The Judge had not been able 10
avoid seeing what in the public newspapers.
Mr. said that he did not intend TO state before
the Judge anything from the newspapers though ne GER
tanly was happy that the press without single
exception had objected to the course taken IN TINS case
lie mad prepared n traverse 10 the return on the
certorar aud an affidavit to support that traverse as
SUPREME CouRr YEwYoaETn erora offqgh Campbell and
stating that the Corones ullson Illegal aud
wa, - rot sol lie All Of co1n.el dadlg the e1amiua.
that the return the case bad aud insufficient IN A" ana
The Of the reator Hugh Campbell which accompanied the
de- bal ~ ming Felix Larkin that between O'Clock the
morning Of Wednesday 1853 alone bis oyster saoon
abou, oag to bed when pounding bis door and voice:
demanding admce be opened tie door beng assured aat
the applicants friends and i've entered led BY tt LaTEn
who appeared furious and BAR drunk t, LaIs a ' o he eo
furnish OYSTERS that larkn without responding appo. -
join, for him that deponent took hand kn Inl Guy sog e
dish that epoent told the wait and be would procure some
plates and that LaAa replied - certain we ana oo''gg
sons depousnt said 70 IarAia ta1 " was
such Indecent language Wnen laT4.l '' I oB
Hn an f4i e'i r b I erey clicked ami The pistol no.
KIN noplt lien ran To- h. counter up small
sao ana as t ., W. the b hal eoes then Shed to ne street
shouted Police aud raped r assistance Win Dis clbi way
I Of m gang headed By one Dsy; 'cas red between drpo
ueat and lakn aIsin 4Tcas t'leas ..i} 40 e ms 5b
ag popeute. po1eu, afraid Of Llkn and sdolslI aoll
that be @ not q Gy tine SAP or aSs co any
renee the Police found TIE hlie WIZ Slfl ] p @ DgJe
or Me.dsrs AMI knife then bad no blood stains On ~
iha S'lSo5ll , 06.y. statement male before the
~ a. IN asagSe Of law Coroner FI7ua refused to allow
b l5o5ert to ne te,ny s. BIN or to
allow his counsel wm Hove TO lplear ls 0e., ll 'a9 VIZ
W rs and convicted au ieroous aai desperate associates
morning BIZ Iara and bis associates fr the sole aad express purpose
ofha,ng disturbance that e. TIE o l-e a. we ~
charged arr aee words; Gensge: Tbs one Of 'le most
must all prisoners guilty u Is your da % hla verde. 81
they al guilty and tls' tie sad t9oa-f hfr.' pele ,le s
jl from arriving At TIER ON aas,lss 'aaa as - 5
|
they rendered .- -..,-..-. ~.
~ entirely innocent havr. stabbed cut the sad FeK la
10. A.. r5,y ri '.- thereof HCGH CAMPBELL.
SAora - before me, th. slh u December. 1873
EDWARD J. KNi8Hr Commissioner of Deeds
After reading the bulk " the testimony judge suther-
land asked II either Mr. Howe Mr. Blunt who repre-
,onted the District Attorney, desired 10 cay anything
Both were perfectly willing 10 submit the case Judge
sutherland said the case Oh the inquHtlpn presenter
itself IN somewhat more favorable hgh han as siatd
In the newspapers 10 very terrible ana serious
thing but he did not see any case made OUT o
the rst degree 10 appeared rather TO 0e an ARRAY II
he could include IN his consideration the anlddft Wic "A
was read FOR Mr Campbell which probably he ouSh NOT
10 do. Mr. Campbell hra plea Of selfdeiense i. vas
mainly question OF producing uelci"au,1 4oA '''''
He did not suppose they Intended 10 eYade trlil
Mr. Howe-No indeed. thcy DO not. MI ClnpDeA All
a family 20 support and business here, ana desired 10
have the matter cleared up 80.
Judge sutherland said II appeared on this testimony
that the stabbug had been done by Bcrgau' ana ia A-
iug the amount Of bail he could take into account PIT
Campbr- statement that pistol had been snapped AZ
him. least showing an intention To defend the SUIT
lie Thought II he could give 5000 or 5000 Oall Woud
sufficient bail even FOR common assault and battery
Tho Court held Ann Hines In $1,000.
bal. j. 20 De given AT 10 d. N TO-DAY