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! THE GV tMS. No. UJi .
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( LONDON, jAHtrAET 4.
Extract cf a letter from Edinburgh, December 28, giving a far'ieu/ar jfccoutit
of the Pleadings Jsr end againjt Mr. Campbell, for Jhoothg the Earl cflLg
lington ; at the determining of the Court °>J iif ice ry': Jitrifatflicn.
“5*N Friday the 22d irflant the High Court of judiciary gave
** judgment with regard to thcrir jurifdiftion, for the trial
j^ rs: ’ , of Mungo Campbell. Their Lord sh ip* spoke with much
C ®v* jjt learning ami ability, and all except Lord Coalflon were
of opinion that their jurifdidion should he sustained.
f* V 1 C J Lord Ccahlon expressed his doubt: with knowledge,
.•—****—*''**-’* prcc’iion. a>d adtlttuence winch was admired by every
body. The point of jurifdifliou being Ictiled, the Court proceeded to
rear Counfcl on the itlcvai.cy of tl** irdiflmcnt. Mr. Robert Cullen
spoke ftrlb tor the piifoncr abouf three hours, giving a narrative of Mr,
Campbell’* life and chara&er, reading a number of authorities, and men
tioning the late case cf (Inretti, tlie Italian, who was acquitted at the Old
Bailey, for llabbing a man when provoked and in fear: In fbort, infill
ing that Mr. Campbell had fired in defence of fiL life, his property and
hi* Honour. Mr. Andrew Cro/bie r.~xt spoke for the prosecutor. He
.gave a short hiltory of civil society, in which men furrendej the right of
privatelfcvenge. —He said, he would plerd the law of common fenfc ; and
God forbid that sher live* or properties of British fuhjctt? Should depend on
the wild reveries of German Dodlbrs. He.laid Mr. Campbell’s hfo was
notin danger. Thai,if his property had been taken from him, he might
have recovered it at law,’w/ith damages ; and tiiat Honour wa; not a word
jenown in’law. *
On Saturday Mr. John M’Lntrin appeared for the pmorcer. When
Mr. Campbell was ask. and what be had to lay to the indiftment, heanfwer.
and, ‘My Lords I deny it- Mv foul abhors such an adtion.’ \
’ Mr. M'Lauria b yan with observing the great irnportanccof the trial.
.That aNobieman of dillingnifhed talents and amiable dispositions had 101 l
iialife. ‘1 h t every prejudice was againll the prisoner. That although
Jic had great examples in his eye of Counsel having appeared for prisoners
ftuiltv of crimes, however aegovafed, or however enormous, he, for his
part,'declared, that if he thought Mr. Campbell hac; murdered my Lord
Kalin Eton, he wouid have declined, or much hefitatod to have appeared
fp X him; But this was not the case. That if Mr. Campbell did dilcharge
the fatal piece, it was done in the heat of blood and passion, when un.
tabwiiV provoked, and. when, r.ot mailer of himfelf. That although Mr.
“araobell, being conscious of no guilt, was not load and with remorse,
his bein.'r the unfortunate of so melancholy an accident would make
Mm WhUe he lived, have the fevered feelings of regret, [here Mr. Camp
bell’appeared to be deeply affetied] for he was not the ferocious ruffian
had represented him. He observed, that, if the noble
Lord hfcd fallen for his country, or on fome great occafi-on, thye would
L„, i M4?n i fe f 8 regret. But it was hard to think that he had fall.n in <0
in the keen execution of ore of thofc laws improper
Iv called Law* for ptefexvi'ng the Game, but in reality laws confining ic
j n inn nf ir to a few great men and ilnir dependants ; laws which
indignation at the ScoUidh uuillocracy, with whofc haughty
** .H-v were written. He aid,.thru.an aflaolt was made upon Mr.
r'amnbell i” order to deprive him of his property and of his honour,
C 1 • i|, e -'J'hat he had retired a hundred and tweuty paces ; that
ifleil and n Ibe confufion and appreWion into which he was thrown
& “fib
if, Wto >lb ItHKhu f ‘ a[ticular .ftaW to hi,
W *££,?,“Ud‘bSitoSSlS. .hroujh .if,, had ft** him
|un, Thatit hud t F anx i j n t he Iport* of the field, to which
tiie wars in defence 0. 1. I insomuch that all uncivilized nation*
mankind arc all w j| o has not foretimes felt that appetite.
’ On was dill dearer to him ; that he had been
Camp ide?s> anJthe high fpi.it of independency,
afsMt'r, had the*. ■** acquitted Maclean, fcldier, who had (hot
Thrun 171.0 this ■ * T ~,u < hoped their Lordlhips would
rather t h ? nbp U perfefll y ? similar,
nofin 1769 P ,< ?°-S ,C !,;si 8 he h V'* ot be mentioned ; that the
o,e rC M; n .sif a Commlr i the person (hot by. Mr. Cm P
rcrfon .UiOt by r'anrbel! though in a low llaiion, was a Gen
io his vcin: ’ defcc ”' kd lr ° m ha ‘’' ! **
nebio wAe house 01 , hat honour is not to be considered ’in
* jft JiMbeen 1 ud ges. before a jury, who are
a Court of Law. bu P renowned for its and whose motto is,
men q( hfintmr. ‘ i CpU Ho^our is what we are proud to feel; and for all
fame mt mpuvtjotb * . . him to oe a man of oonour.
(hat Mr. Crolbie has fa 1 Campbell had apprehensions for his life:
■ LaTtly, he maintained ual • y-.J that his servant was br ngmg
That, Lord Bglip*” hzti f C fnn and fJar\c had fired. He mainta.ned,
the gon, and that in con f““ on “j. , not murder; and read many
that forbfen homradc. sir F i etc her Norton’* (when So
iuYhorities upon that head, c ’ ro „. # trial, which he said. clear.y
Jicitor General) fP eeC , 1 „rPncland* and he boldly averred, thatit
feed the efiablifhed Jaw ofEngland, ana _ u / r . ;j v.- -
WEDNESDAY,. May 2 , i 77 0.
of nature, what rnfori fnu lie ji.dgeJ. Perhaps, said he, we are all
>rui uO. an in.p'npr cty in tending in this trial. Mr. Cump
bc^ll had notthntc 1 c.cks toc.n.fult. He had 1:0 time to look into Grotius
6r i uiiendorlf. He was heated, and agitated, and hurried to what he
has done. He maintained, that the libel rtiould Lie either dismissed as ir
relevant, or relinked to an arbitrary piinifhmenr. ‘ I think myftif ho
noured, said he, in appealing on this occalion. The rights of mankind
are at flake. Future Judges and future Lawyers vvi.l look into the re
cords of this trial for initruftion and example.’
Mr. Alexander W-ght then fpolte tor the prof cutor, to enforce what
had been said by Mr. Crofbie, and to anfwcr the arguments cf Mr.
M'l.aurin.
After him rrfe up my Lord Advocate, the concluding counsel for the
proleciitor. lie Lid, ‘he made all allowance for counfcl appearing iti
bthaif of priloncis; but he was amazed at many of the arguments now
pleaded Ai to property, could it be fcrioufly maintained, that Mr.
Campbell,who knew Lord Eglingion well, was apprehensive that he would
rob him l No firrly. His pun, if he had a right to carry it, woo-ld be
restored to him bv the l.u sos his ymntry. As to honour, was it any af
front for ene in Mr. Campbell’s fl.ition to furtenderliis gun to the'noble
Lord, who had fu h a number of attendants. Maclean’s case war different,
because he wa: an actual folJier, At any rate, was it ihe part of a soldier,
of a gentleman, of a man of honour, to fire upon a person without
arms lMy l.ord, indeed, had c:.llcd for iiis g‘in. Why did not Mt.
Campbell wait till the gun was* brought, and then fay, Now, ray Lord,
we are on ei]ual terms: Let he wl o thoofs bed carr) it. But, iniltad of
that, when the noble Lord, whose amiable charafier is known to all,
no harm, having no violent designs, flood unarified, end fuel
ing at Mr. Campbell’s nccidcntnl fall—then did Mr. Campbell take an
aim, and give my Lord his mortal wound. Theie wa3 no danger of lifb
here. The prisoner knew well th?.t he was fafe. if the gen went off by
accident, tner., to be sure, the noble Prosecutor, though called in duty
totvenge his brother’s death, will be happy that there has been no guilt.
But if the prisoner shot rr.y Lord with design, it is Murder, and for Mur
der there can be no reparation less than Blood.’ His Lcrdfhip read fe*
vra 1 authorities, and spoke a confidcrable time.
Mr john Dalrymplc, as concluding counfcl for the prisoner, finifhei
the pleadings, lie said, *lt was now to be tn_ J whether this country
has the fame freedom as England. H, fai l he, this trial fiioufd prove fa
tal to the prisoner, I, who have children, mull tell them, My boys, b* *
(laves. IfaPecr inlults you, donotrcfrl; cringe and fubrnit to him, or
you will be hanged on a gibbet. Or I nuft (end them to the other fide
of the ifland.’ He argued at a great length, and with much fpiiit. But
it is impoflible for me to remember evfcry thing. The Court has ordered
informations upon the quellion.
EranfaMbns and Subjlance of a Speech delivered by George Beacon!, at the
Robin Hoad Society, on IVednfJai the \ ?tb of January, 1770.
* TNS I BAD of talking of the Tribune! cf Rome, as foine Gentlemen
* have done before me, 1 lliall draw my illufmiis frons common life.
‘ Suppofc then that a private Gentleman has lud a bad opinion of his
Steward ; it is a very unfortunate circuitulancc both for he Gntlemaft
* and the Steward. If that bad opinion should happen to be a right opi
* nion, it is Hill more unfortunate : And if the Gentleman, juflly enter
* taining that bad opinion, should be afraid to uanief* it to hi* Steward,
* it is more unlcrtunatv dill. •
. * When fadsareglaring, epithets are ne*dlefs. Fails will speak them
‘ selves, I do not fay therefore, that this Society, the Robin Hood So
< cibtv, have prof gr.tely, ‘wickedly, aid corruptly betraved their Conllitu
‘ ents—but I fay, thatYpu! this Society, You ! the prejint Robin Hooo
* Society, have betrayed your Conflituent*.’
‘There words amazed the whole Society ‘ and yet two r three Gentle
men, who spoke on tie other f.de of the qiuflion, did not take tl# kail notice
ofthtm. Mr. Gunnuay, a Soliln-, at lall said, “ That alloWhnce might
always to be made for w rds spoken in the luat of dtl.at?, to which alone
he was sure it Ihould be attributed, that expreflions calling so severe a re
fliftiOn on the Whole Society had cfcapcd from so moderate a man as his
.*worthy Friend in the Straps.” - , ,
* Ok'Oß ckSea Cos a l then rofc up and spoke to the foalowing effeft#
* Mr. Prcfident 1 * ~ v
’ It is allowable for fpcakers.in this Society to rife by wiy of explana
* tion. I now rife to explain myfelf. I am much obliged to the Hen,
* fit at U man in the nd Night Cay, for what he ha* laid 61 me. What he ha
* said concerning words spoken in heat is true. The law makes the fam£
dilHnftion even in cases of murder; and if at the perpetration of the fadl,
* the blood has not had time to cool, the fa A tilke* another name, and i*
* not a murder. 1 am not conscious to myfelf that I spoke in heat. Sup^
* posing, however, that I did, or might leem to do so, I have now had
‘ time to cool. I am perfectly cool. And I uow fay, as I said before,’
‘ that this Society, Tin frbsknt Robin Hoi> SdOisax, have betrayed
* their Conllituents.’ ‘ • *
epigrams.
Says Junius to his firm and dearest friend,
“ (jf all thefc tumults what will be the end,.
• Fray tdl me,‘Jack?’’— Say* Jack, “ Without a ioke,
“ Your fvheracs will endjn^thmgdfitbj^doioke,”
