The herald., 1896-01-30
The CORONER ACQUITTED
Result of the Perjury Trial Be-
fore Judge Smith
THE EVIDENCE INTRODUCED
The Jury Instructed by the Court to
Acquit
A Sas, 900 Libel Suit Filed Against the Times
in the United States circu { Court
General Court Notes

Some more work of the grand jury went
glimmering yesterday morning. Coroner
George w. Campbell went to trial in de-
partment one of the superior court, before
Judge Smith, on one of the indictments for
perjury, returned against him by the in
quisitors, with the result that he was ac-
quilted without the jury leaving the box,
and the second indictment was dismissed
at the request of the district attorney.
The specific charge on which the indict-
ment was based was that Coroner Camp
bell investigated the case of child named
Edward Locke, who died from marasmus,
the attending physician having refused to
Issue death certificate, he not having
regularly healed the child, and for this
service charged $40, entering it up as an
inquest.
When the case was called DR.. J. X. Car
son. the physician who had been in at
tendance on the child, testified that it was
four and half months old and had died
OF marasmus. He refused to give death
certificate, as he was not The child's regular
physician, and had not been attending it.
AT this point Gen. A. B. Campbell, coun-
sci for the defense. conceded that the tes-
timony given before the grand jury should
be introduced as it stood. He then lad to
the jury an affidavit made by Chief Dep
uty District A torney George NJ. Holton.
Mr.. Hoiton set forth that by virtue of his
Office he was the legal advisor to the af-
fiant, and that upon the appointment of
Coroner Campbell to office he was con-
suited by him as to the conduct of his
Office and the fees Mr.. Holton advised
him that in his official capacity as coroner
it would be proper for him to decide when
or when not an inquest should be held.
*baf ftuf1a n n
cause of death it would be proper to hold
an inquest, with or without pay as might
seem TO him right, but that in doing so he
must consider what would be expedient to
the county when all the facts could be OBJ
tanned without an autopsy being held.
Coroner Campbell then took the stand,
and after giving an outline of how he had
conducted his office. was tur ed over to
Assistant District Attorney Williams for
cross-examination. Messrs. Storrs and
Stewart of the grand jury sitting behind
the prosecutor and prompting him.
DR.. Campbell denied that he knew any,
thing of an order of the board of super
visors by which an inquest was 10 be
charged at $40 and an inquiry and lnvesti-
CATION at SO.
sSuch an order is of no moment, any,
way,h said the court.
Mr.. Williams conceded that such was
the fact, as under the statute it was $40 or
nothing. He said, however, that an in
quiry in this matter went to show the in
tent of the witness.
Chairman Francisco of the board of
supervisors was next called, and testified
that on one occasion Coroner Campbell had
told him that he was unaware of any regu-
lation by the supervisors regulating the
fees of his office.
General Campbell then moved that the
court instruct the jury to acquit. in which
he was joined by Mr.. Williams, who said
that he would not try to convict any man
on such evidence. In his opinion the in
dietment was an error, and without any
disposition to criticize the grand jury, h9
could not but believe that it should never
have been brought. AS the other indict-
rnent rested or the same evidence, Mr..
Williams asked that it be dismissed
The court, after short talk, in which he
gave very clear definition of perjury, in
structed the jury to acquit. which they did
without leaving the box.