The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-01
A TALK WITH MIR. CAMPBELL.
How Shrewd Lawyer Works" Jury to
Secure Aequittal.

How a Shrewd Lawyer Works" a Jury to
Secure an Aequittal.
Columbus Special to Cleveland Leader.
In an interview had by your correspondent
with Colonel Tom Campbell, the great criminal
lawyer who defended the murderer Berner he
said: 1.-THE public have been misinformed, and
much unfair criticism of the jury has ensued in
consequence. ! tell you that if l had willed,
l would have prevented him being found guilty
nf manslaughter; his acquittal was possible. l
cite you to the fact that in my address frankly
claimed that there were ten men of the jury
with me-
'.How, prayl Please explain, Mr.. Campbell"
said the scribe.
''In this way, answered the advocate, laugh
inga the reporters open-eyed wonder; you see
this trial had lasted some time. measured my
men on the jury; l studied them; knew when I
had one of them converted as well as if he had
told the fact. The public have miscon-
ception of the so-called summing up
speeches of attorneys to jury. While
l admit the Importance of that portion
of the defense or prosecution, / tell you that the
Jury who have not been awakened or won over
in the course Of the trial by the evidence as ad-
dueed. are seldom captured with the speeches Of
advocates Now, as the evidence proceeded L
narrowly watched my jury, and when made
point the fact was noted down, and on that
point elaborated sufficiently only TO secure
that particular Juror The greatest mistake, in
my opinion, AN advocate can make is to settle
down into the conviction that the particular
piece of evidence capturing one juror will con
vince his fellows. No, sir; the most diametrical-
=.
necessary to secure a felow-iuror. Now for
instance, on this Beruer case l had juror,
an IrishmaE, named AIcGuire. On This man
and another of the jury l failed to make the
slightest impression, until | was positively
talking half an hour in my final address.
[ finally got Mcclure to look at me
steadily, and rendering that he had boy about
seventeen years old 1.-THE age of the prisoner), l
struck out on a smile. put McGuire's son in
the prisoners place alternating with my own
boy. | called attention to the influence older
companions exercise on younger and weaker
ones, knowing from my own experience of youth
full escapades that MeGuire's son and everybody
.slses son sometimes commit Troublesome and
miscellaneous acts at the instance and at the in
spiraton Of older companions. paralleled the
Ease, it were. showing how the prisoner was in
nocently LEI, along with no thoughts of crime, by
ais older companion. traced the whole bloody
tragedy from beginning to end. leading my
youthful prisoner along in the person of Nc
Guire's son, and when concluded | had not
only convinced, but | had eOnscientiously CON
zinced him that spoke the absolute truth. The
tear on each cheek of the juror was to me the
white flag of surrender, and had eleven men
ont of the twelve
why didn't you try for an acquittal!'
Because ] did not and could not convince
myself that the prisoner was deserving of it.
In fact, it only after the greatest persuasion
! consented TO enter the case, but the very day
it was announced that Tom Campbell was to de
fend the prisoner the Commercial Gazette advo-
Gated the hanging of my client. 1t is the first
ease in which ever permitted a jury to con
Wet client Of mine, and, as l have said, l am
fully convinced could have acquitted him
WHO selected the jury
1.-The presiding Judge, and carefully, too. The
business of jury selection have never cared one
whit for, provided have no enemy of the pris-
oner packed on it to convict at all hazards
You remember the Peyton case, do you not?"
continued Mr.. Campbell, addressing the
porter.
Yes indeed, answered the scribe
We'll, you know the circumstances were
much more against Peyton, while the evidence
was direct. Peyton deliberately shot his mis-
tress dead, and even perforated her dead body
with bullets. The press justly said that it was
the most cowardly, brutal, sickening murder on
record. The jury was selected with care and
even the press acknowledged it was more than
ordinarily intelligent, yet Peyton was absolutely
acquitted l only cite this as one Of the many
cases to direct public opinion in the right chan
mel, and exonerate a jury the members of which,
! ann solemnly convinced, rendered a verdict
yon or any other man who heard the evidence
and sat in judgment on the whole case would
conscientiously subscribe to-
AN INVITATION TO LEAVE
Cine matt Post.
Tom Campbell came on Change, to-day, but
met with a very cool reception. Joseph Wright
said to him: Mr. Campbell, under the circum
stances don't you think you had better leaye3'
Not at all, said Mr.. Campbell; 81 have
nothing to accuse myself Of l have simply
done my duty to my client
Mr.. Campbell, don't you think you had bet
Ter leave herel'
so, sir, won't do it."