The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-28
COURT Of OYER AND TeaKlsEa.

COURT Of OYER AND Tfakssa.
Fourth Day-TrsaI Of Policeman Matthew
Campbell for the Alleged Murder OF MAUI
rice Less-Ihe Defence.
Before Judge Cardozo.
9He People rs. kathetc CdDp0eI.--The proceed
inas In the trial OF this resumed at eleven
O'Clock yesterday morning in court room even
more densely crowded than on the previous day az
that were possiblel. The people were literally
packed and the atmosphere was anything but pleas.
ant TO breathe throughout the day. Among the
audience were several ladies'
THE DEFENCE.
Mr. Robert d. Holmes opened the defence. He said
had been stated by the learned District Attorney
that the prisoner was representative Of the law
True he was. The prisoner stood on the night of the
homicide not only the representative OF the people
but the representative Of the majesty of the law.
forced TO take human llfe As In the case OF riot
where regiment was drawn up TO fire on the peo-
the Astor place rio0s Clearly not But ma mad "a
citizen gone there and fred on musket and killed
me po g stood pe gu s 81 a gn
and protector OF the public peace, The Twenty
seventh precinct, which embraces large portion OF
the First ward, was now the most turbulent and
dangerous ward In the city. IL was eminently
necessary in that section of the city that the police
men should 60 armed there. The character OF the
people there was very bad. Many OF them were
oespeIadoes. They might ind the police going
TouHu NtsU htIett, as III WIN mulucQ cars, trying
70 protect the Hives OF private watchmen and
others. There not dwelling house but three
IN that whole neighborhood All the rest were tene
ment houses; sailors allured into the dens OF
prostitution there and robbed There you saw the
bloated drunken prostitute There you saw the mis-.
cradle pmp, who lived upon her earnings There
you found vice In It's worst shape He did not mean
10 say that there were not some respectable people
living In that ward. He only spoke OF the general
character Of the people there. The District Attor.
ney ierEot one thing In the prosecution. He forgot
TO produce young Long who could have thrown
of T he
District Attorney had put that witness the stand
he would have been the friend OF the prisoner be-
cause the whole circumstances OF the riot and the
homicide would then be fully drawn out Mr..
Holmes then reviewed az length the testimony for the
prosecution and contended that 1t was conuadic-
tory and unreliable. He said the defence stood upon
the ground OF Justldabie homicide ana that alone
The opening OF counsel occupied TWO hours ana
haii, and was masterpiece OF eloquence aad legal
aculnen.
TIRE TESTIMONY.
The first witness examined for The defence was
Herman Smith, who testified as follows IN answer
Mr. Nanderpoel-Keep a grocery at i12 Green
wich street, corner OF Carlisle; on the night OF The
sdof July was standing before my door; before
eleven O'Clock that night little boy came running
ilooxed down Greenwich street ana saw great
many people near the corner of Rector street: they
seemed TO he rushing toward Carlisle street; heard
a great many voices IN loud key; saw an officer
coming out OF the crowd having young man about
eighteen or nineteen years OF age in his charge;
stones lily across the street, there were very few
people on the side from whence these stones came:
young man WITH hun. who was gong
quite peaeeaby; the crowd at this time
street. alter the policeman i had passed my door
cav man running up the street with a little
girl by the hand and he got lost in the crowd;
at that time another policeman came up and
raped three times for assistance; there quite
crowd there then and good deal of haooing going
on heard two shots after that this noise continued
all the time; believe there was some excitement IN
the crowd before the fringl the stones saw were
about the size OF my nst the crowd consisted OF all
sorts OF people, 1t was dark and could not see dis.
tnssly; there were 100 In the crowd.
crSssex examine; BY the District Attorney-some
leading the little girl by the hand the deceased
long); the two stones were fred before the man
came along with the chilu and after the first ofcer
passed my store with the prisoners 1t may have been
three minutes after stepped IN my door before tue
John Earrenburger testified that he keeps CLOTH
ing house at lis Greenwich street, on the night OF
Inc 90 so Of July heard s Sler rap ~ hs Sidewalk
voices; then heard the shots fired OF; there was
probably minute between the two Shots after the
second shot went outside my door and saw big
crowd OF people there; only saw one pocenani
saw another come up after; the shots were tired OPP.
poslte 120 Greenwich street. next door TO my place;
street, could hot distinguish anything that was said
= John Lawrence testified that he plays hand
nd " s Of g w RSa G hs Sa q is
saw a policeman with Young han; heard a girl
crying that her brother was getting kled there was
bricks Or Some hafd EubstsKce: I'D not see
anybody hit; the crowd went up Greenwich
street and was getting larger after
they got 10 Carlisle street brick struck the police
man In the back and staggered him; then saw q
heavy stout man walk up 10 the policeman and ask
him what had arrested his for; the policeman
said, at ID none OF your business you VIII md out
~ the station house, the man then went up 10 the
policeman who had the boy and caught hold OF him
hv tho arm, and the crowd closed IN ana saw nc
more until | heard two pistol shots, when
] started for home, as had been sho
once and did not want TO be shot again
there was great deal OF halloong; could hear op
probrous epiihes directed against the policeman by
the crowd; think heard pOlicemans rap; the
crowd did not move very fast; the policeman thai
had the prisoner was the one that was hit by The
stone.
Cross-examined by the District Attorney Before
the shots were fred the second policeman wa.
within about three feet oil the other policeman: dit
not see third policeman there's did not see any use
OF clubs at all.
Re-direct--Ihe two shots were fired very deber
ateiy, 1t seemed TO rae. one after the other.
ke-cross-examined-1here were two policemen
there when deceased put his hand on the police
mans arm; could not say they stood there when an
shots were nred because the crowd gathered around
and could not see.
The court here adjourned until this morning