New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-31
LOCAL MISCELLANY.
THE FIRST WARD HOMICIDE.
lllE rlhCl hhhN AhNDAiNlDE'
CHARGE OF MR.. JUSTICE CARDOzo-oFFICER
CAMPBELL ACQUITTED.

CHARGE OF MR.. JUSTICE CARDozo-oFFICER
CAMPBELL ACQUITTED.
The People agt. Matthew Campbell. Court
OF Over and Termner before Mr. Justice CardoEo The
Courtroom yesterday was, If possible more densely
packed than on the previous days OF the trial. to hear
Mr. Justice Cardozos charge in the The requests to
charge handed in by counsel were disposed OF very
briefly Mr. Justice Cardozo having prepared, as his
custom in important cases. very careful charge In
the course of which he said:
Having disposed Of the requests 70 me my part
In tins may be briefly peri9rmed sHs not eo d
So might influence verdict when s 20 Oe y0ufs anu
not mine, and for which you ana O 20 r. TO
draw such deductions and differences from hs may DO
right and reasonable. You to say what credit you
viii extend 10 the witnesses either side. and In deter
mining that you win consider their manner Their lnte
interest in the matter with each other whch you may
find and also any Inconsistencies Win thVo
remarks equally apply In Judging tne tesonony vi e
prisoner who, by recent statute has become cOpee
witness on his own behalf remembering u couS tIo
great stake which no has In the matter You VIII CON
slider his behavior formerly and give u sucn Welgn' @S
you think 1.GS tns 10 yo to whom
properly belongs Having said TINS much my ousy VII,
be fully %sh ,sSre AZ tbeY ose1r to me- Of
the prosecution and defense. While not eonnnlng you
to those but throwing SPsn those o thsoSs and the
different phases OF this case shall not pretehd 10 stae
the evidence only mean 70 give s substance a. a u
derstand 1t, leaving 1t wholly 70 you W enae ~ anu
say whether am right or not Inc general tneoIy .,
of the prosecution 49, that on te nRnb VI
prisoner walking quietly along with him that tne street
Sren many persons sitting outside OF their houses, 1t
being very warm and that there was more or less OF
gathering Of persons following Long ana 5e S
| without any menace against Dim OK any os an
| tempt TO interfere or any danger o,n vi LAM
and the accused reached the vicinity OF Carlisle and
the deceased came up and asked CamPpe
nform him telling hm il was none OF his business. and
raised his club strike the deceased that the deceased
himself and that after struggle of few moments be-
tween them Campbell drew his pistol shot Long nrst IN
or perhaps few seconds, again shot the deceased Now
gentlemen OF course have already SAID II Is Tor you
| 10 aay how far this Is sustained by the evidence
II you believe that theory aud that reasonable man
circumstanced as Campbell then was; would not pave
believed IL necessary 20 take life II yOu believe that
Campbell had no reasonable ground TO believe ms ne oT
ha ptapdad To- iSke I9gs ie even though that Intent
were found but the instant ne red then the killing OF
Maurice Long was murder In tho first degree, and you
An view OF what the learned DistrctAttOrney has said
in your presence that whatever you may think or the
proceeded from premature design 90 take lfe which Is
gntP OF MURDER BIT, however this may be-
| this brief resume OF tho evidence Ior the
prosecution ia important 90 present to your mind the
question whether the act OF the prisoner was necessary or
not for II II unnecessary though 10 be not murder
IL may be manslaughter as shan hereafter present 20
YOU The theory the part OF the accused quite sum
cient It substantially this That he was followed by
ody that stones brckbas we're thrown around that
he had struck by one Of them; that when Maurice
Long Inquired ny his son arrested lac, Campbell
told him he could ascertain at the satonhouse that the
deceased swere that he should not aff Est, ne SOU
knuckes against IT, and that In that struggle the deceased
tore te prlserS t1s as yU Ur, The deceascd on
that the prisoner tried his best To Tree himself OF the de-
ceased that he called best he could to him 10 let go
his hold or he wOud shoot him. that the deceased sl
choked him, aud that, growing weak and apprehensiye
OF ms life. lac shot the deceased Now gentlemen II,
upon careful review Of all the evidence you shall nud
this theory TO be true u You believe tha CahPoel non
that he had reasonable ground from the surrounding
circumstances To boleye-to believe that was neces
snry 10 take Longs life 10 protect his own life and limb
them gentlemen, the killing was JaStihable; and, how
may deplore the unfortunate occurrence, which
cent Long before his Maker you must acqut
the prisoner II neither of these theories should com
mend Itself to You as the true version OF s transaction
you will carefully consider the testimony 20
whether prisoner should not be convicted rs he may
he under the Indictment OF either granddaughter In the
second or third degree All that deem proper say
upon that subject Is TO call your attention 10 the sau
tory definition OF those crimes: Every pcrson vino
shall unnecessarily kill another. either st While resist
ing ac shall DO deemed guilty Of manslaughter In the
second degree. Under this, you think the truth OF
cue young Long from the prisoner and that the prisoner
unnecessarily took the life Of the deceased. he may bo
convicted OF granddaughter In the second degree.
But perhaps you may be ~ opinion that though not en-
trely innocent, yet Campbell did not Intend TO take
Longs life that be your Judgment thea you VIII con
slider whether the evidence satisfies you that he took
Longs life In the heat OF passion ana II that be So then,
there be doubt that loaded pistol - danger
weapon you convict him OF manslnugher IN the
third degree These genemeh cover o.. the snDstanses
which think 10 necessary 90 give you The counsel for
| the pflsOntF and lNe haNe lAtlIuI
performed their duty Ihaye too, endeay0rod success
fully 10 discharge mine, and now the case Is % rest with
you. You should give tho case careful con-
| alteration, which It's Importance demands IL is
important the prisoner for his life and liberty
hang upon the IT, II is Important To the public.
In the discharge duty, the policeman should be pro
teced But II he abuses that trust II las ruthessy
his club aud his pistol he should be held to strict
count FOR IT, or otherwise under preense OF protecting
citizens the police may become fnghtful curse.
Carefully reviewing and considering all the evidence.
you will what the Of II, and render
such verdict yOn think To be right doing have
doubt you VIII do Justice alike 10 tho people and 10 the
prisoner.
Judge Cardozo concluded this charge at about hapast
eleven, aud the jury retired In hour they returned
and the general belief In acqutM having by that time
grown into doubt the verdict looked for with much
anxiety. The calling OF tho jury an interruption 20
impotence, but In response 10 the usual questions the
foreman OF the jury their reply Not guilty" The
prisoner for the first time broke into
tears. The better part OF the audience cheered the
verdict demonstration OF course quickly checked.
Campbell surrounded by sympathizing friends,
among whom several ladies, who shook him
daily by the hand congratulated him warmly and
almost afec ted himself The report FROM the jury
s. that when they out, nine stood for nme.
date acquittal Three however, were Ia some doubt
10 whether the second shot necessary, not
fired hastily, thus bringing the under Of the
grades Of mansaughier: but after discussion ~ the
evidence they acquesced In the opinion OF the uuc aud
rendered their verdict accordingly
POLICE TRIALS
Commissioner Brennan disposed of large
number Of complaints yesterday. Richard Orpen OF the
Forty nth Precinct neglect OF duty loses one days
pay Jacob Bowers Forty fourth Precinct for the same
offense half days pay officers Reardon and Kenny,