New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-30
THE COURTS.
THE FIRST WARD NOTWITHSTANDING UP OF
COUNSEL

THE FIRST WARD MISUNDERSTANDING UP OF
COUNSEL.
The trial of Officer Campbell was resumed
yesterday before judge Cardozo. The Court was again
crowded with spectators. The ease was cohllhueu g
te Police Commissioners, who read NUMBER OF fequlS
items III Of the prisoner after which, at about mar
mast qe zen a NJ Mr. G. Spencer rose to address INC
Lrv f1t the defense. The learned gentleman commenced
BIS address BY eloquent appeal to the jury TO cast an
surely from the facts before them and from INC IN
iruciions laid down by the law Of the ahu WHICH me
De tempted by the Distrct-Attorney to cgnprohlso
the case by bringing N vGlaG5 OF @ ie was
either murder In the first degree, or II was JusIhaD9
homicide There was middle course. lie reviewer
The n life OF t6e prisoner showed that he had always
bsre good character and read number OF cases rom
the Law Reports which held that previous good charac
ter on the mart of prisoner should always have great
weight with jury. The counsel then IcNleWet' ,a
lenee offered behalf OF the prosecution ana snC%Sr
shat the majority Of il was 81 very contlaIct1S ~
scter, ana all proved that the first violence % 9
prisoner ana Long was cOnlneieeu ny S M 8re1 tie
he life Of the prisoner was IN danger DeloIe o e 10
lata shot The coat worn by tae prI1Un I of IN, arms
the murder showed, by the way III we one VI oe W @
OF the cont had been pulled OUT tnI EitHt loIfo a'
The counsel continued TO rtYle" thS eNEeno9 on st
sides 40 great leUCtb after winch lie described te ae
toem being Of the lowest aud most lawess character
& not necessary for man to believe Lis IRE IN
question Of sustaining the majesty OF the law f
duhiabe the prisoner in great bodily danger at
the Ee fired the shots The fact that many OF inc
witnesses for the defense who were very respeciao9 nC
db dare interfere to aid the prisoner showed con
cu,ivoly that the neiglbOrhOOd was dangerous One
sud that the mob not to be lightly resisted the
prisoner was quietly taking young Long TO me S,aIt
House when he was aSSalled Ihete Vas no in Mn
Ding the rot in incipiency by killing its leader IL was
bis duty suppress that not; it was his rght 70 pro
tect his own life; aud le took the prompt action
that Lis duty aud the eXigencleS o. 'n n,o TlSo
49, roI and saving his own life Previous to the shoot
r a stone had struck officer Toher on Lhe eye ana 9o
~ WV W"s, s5gnentiy struck by stone with such
fD
rouufpd v an Infatuated mob, and would 1t be assumed
;pst he was not ia imminent peril The prisoner deserved
iacmcut aud DISGRACE, but his hour 81 triumph was
commented upon the admirable bearing of the prisoner
during thc trial and especially upon the quiet, modest
Counsel concluded by earnestly ana coQuenty lmplor'
ing The Jury 9s they loved law ana 2ruef an4 neu Up
rule To stand by the prisoner ID MS hIhIllal.S p9,
Counsel greeted with great cheering at inc cOclu
promptly suppressed by the Court a recess OF 10
minutes was then taken - f.,
the said that he could wish that the case was
afavorabe one for the prisoner as the S0nse LOT 9
10 him. and he had his duty to perform and ne should en-
deayor to pcrIorult with what Judgment ana 1Jt 9
ard kills CITIZEN he should be puusneithe same as any
NV should not policeman be tried killing citizen
and either justify tho killing pay the penalty OF tLe
the prosecution could be reconced on the theory that
each witness related the circumstances OF Ino
as they appeared TO Mm, NO Two HGu
relate exactly in the Same language the story
struggle that they had witnessed between lWo in,u
sad yet, III all substantial matters pertaining theIeio
they may and generally do agree the witnesses ioI to
prosecution agreed to all substantial matters Inc p5
oner should he convicted OF murder IN the nJ eEe
maj he rle DsricAttorneyl would conceGe, for the
facts showed OF the clements necessary 10 convict
for murder IN the degrce but 1t was for the jury 10
say of what crime prisoner had been guilty III was Tor
the jury 10 say whether il necessary for the prisoner
10 take the life OF Long. The prisoner was tan ahelc
man Of q, while Long was man OF 3D. Inc
prisoner was clothed with the authority OF the
and within a few feet Of him was another
person similarly armed 1t was not shown that
Long was armed nor that he a bad man. He had
simply asked, as father would, why his son had been
arrested aud for this had been shot down Ike dog III
rad NOT been shown that Longs had been rescued
the testimony that owing to the prisoner relaxing
his hold OF hIa lie away. As rule, II policeman
properly conduct himself with Judgment, frmness, and
discretion there will scarcely ever be necessity Tor nun
10 GO to the extreme Of taking human life. The prlsUu
er had his pistol free, and If Long had HIM by the
arm cUarband. he could have disabled MS arm II
necessary, by wOunGmg it, but there was no necessity
firing the second shot, much less for HlllHG Long
Tie trial was then adjourned until to-day, at II a. M