The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-31
ccuar OF OYER AND Tfamlsea.

Nenultl0U Oh tn0 verOlCts
Before Judge Cardoz0.
me People ~. NdttheD Campbell hen Judge
OardozO took his seat on the bench at eleven O'Clock
e. yesterday morning. to perform his last duty IN the
closing Of this pr0tracted trial. the court room
presented an appearance ut once solemn and deeply
interesting. The spacious chamber was densey
packed with q mass OF swaying humanity, which
swelled and rolled hither and thtther like the waves
0f the ocean, while low, speculative murmurs as 70
the probability Of the conviction or acquta Of che
prisoner filed the room and continued for some
moments, until suddenly checked by the Judges
gnve. The prisoner sat, pale and anxious, but with
firm and manly bearing, by tho side of his counsel
and amid profound silence Judge Cardozo proceeded
to deliver to the jury the following
CHARGE.
ting read the request submitted 10 him The day
before and intimated that he would change all but
the last three, Judge Csrdozo proceeded to say
Having thus disnosed OF the request presented to
shall not comment on the evidence; never do:
because II were to do SO might influence verdict
you, anu not l. ere responsible. The evidence be-
longs to you; you are to consider IT, to draw such
sonaSie You a are to say way what credit You
win extend 10 the witnesses on either side,
and IN that y9n WIZ consider he ELY
knowledge OF the transaction and their interest in
the matter. and any Inconsistencies with themselves
ran, us somamr onny IN inio;n, the testimony Of
The prisoner, who nv recent statute has become
81 cnnrse inc Great STAKE When he has in the mat
ter Won will consider his testimony fairly and give
stances, it Deserve ! leave ali such matters exclu-
siyely to you to wnom they property belong. Having
ner 's mall have nyesented ~ Won very brey The
general theories as they occur to me- OF the prose-
fhese Int t,row,nc one5 70 Won the whole matter
and given you the law governing these theories
n n 1 u 10 sta,ep Inc ev,dence. cniy mean
to give IT'S substance leaving it entirely to You TO
STRANGE II and see WHETHER I am right or not the
aenerai theory Of the evidence for the prosecution is
that on the evening Of The sd Of July, 1868 James
;ivelv by the uressnce OF men. women ana children,
verv warmmsa mat there was more or less Of
gathering Of human beings following Long and the
Without any ATTEMPT Ia Interfere or any danger OF
harm to the prisoner; that rem young Long and the
ana Greenwich streels the deceased came up TO
Campbell and asked why he had arrested his son;
wss o his business and raised
the deceased; that the deceased then took
hold ann sSa a am to ppsyss' Of nS sy
moments between them Campbell drew his pistol
and shot Long, first in the breast, and then. IN
seconds-cocked his pistol and shot the deceased
second time. Now. gentlemen, OF course, az have
already said II IL for you 70 say how far this Is sus
iained by the evidence II you believe that theory,
and that reasonable man. circnmstanced as Camp
bel then was would not have believed II necessary
to take life-if you believe that Camphell had no
reasonable ground TO believe his life or his body IN
imminent danHer-if he had no reasonable ground
to believe that It necessary TO take Longs life
TO protect himself from imminent danger to MS
Intended to take Longs life, even though
that intent were formed but on the in-
Marco ons WAS ne MURDER the s and
you should not hesitate to say so. But perhaps
S view " OF what tine fn
ron may think OF the rest Of the case YOU viii not
ma that the act of killing proceeded from pre-.
meditated design to take ife which Ia Indispensable
before you can find the prisoner guilty Of murder:
But. however this NAV be- this brief r6snn,e Of the
evidence for the prosecution is important to present
PRISONER Was me- or S not For i were
manslauehter, as snall hereafter present to you.
The theory on the part Q, the accused Is anife dnef
byanoisy, excited crowd when he had young Long In
cnstody that heavy missiles IKE stones or brickoasl
Of them that when Maurice Long inquired why his
son was arrested Campbell told him he could ascer-
with basphemous expressions, swore that he should
not arrest his SON. grabbed him by ms coat ana sirt
AGAINST It: that they struggled. and that In that
struggle the deceased tore the m,nu coat
nas inc ne sae p% that e
tried his best to free himself Of the deceased that he
called rs best he could to him to let 90 III, nod or ne
him. and that growing weak and apprehensive Of
his life. he shot the deceased.
Now gentlemen II upon careful review OF all the
evidence YOU shall find this theory to be true-if you
believe that Campbell honestly considered mself1ir
danger OF life or limb and that he had reasonable
ground, from the surrounding circumstances TO az
bclievc-f you ind that ne believed II necessary tC
take Longs life to protect his own life or limb then
gentlemen, the killing was ustffable: and however
we may depl0re the unfortunate occurrence which
sent Long unannealed before his Maker you must
acquit the prisoner. II neither of these theories
should commend itself TO you az the true yer
a0n OF the transaction, YOU will next CAREFUL,
consider the testimony TO see whether the prisoner