Читать книгу True Crime Chronicles - Camden Pelham - Страница 88

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THIS melancholy case arose out of the existing system of game-laws.

The lamented Mr. Campbell was descended from the noble family of Argyle, and was born at Ayr in Scotland. His father was an eminent merchant—had been mayor of the town, and a justice of the peace; but having no less than twenty-four children, and meeting with many losses in his commercial transactions, it was impossible for him to make any adequate provision for his family; so that on his death, the relations took care of the children, and educated them in the liberal manner which is customary in Scotland. The unhappy subject of this narrative was protected by an uncle, who gave him a learned education; but this generous friend dying when the youth was about eighteen years of age, left him sixty pounds a year, and earnestly recommended him to the care of his other relations.

The young man was a finished scholar, but seemed averse to make choice of any of the learned professions. His attachment appeared to be to the military life, in which many of his ancestors had distinguished themselves. He soon followed the bent of his inclinations, and entered as a cadet in the royal regiment of Scots Greys, then commanded by his relation, General Campbell, and served during two campaigns, at his own expense. Being disappointed in obtaining promotion, however, he returned to Scotland in the year 1745, and Lord Loudon, to whom he was distantly related, having the command of the loyal Highlanders, who exhibited so much bravery in their opposition to the rebellion, Mr. Campbell joined that regiment, and his exertions were equally creditable to his loyalty and his courage.

After the battle of Culloden he was appointed, through the instrumentality of Lord Loudon, to fill the situation of an officer of excise, in Ayrshire; and notwithstanding the unpleasant nature of his employment, he succeeded, by his courtesy, in obtaining the good-will of all his neighbours, all of whom, with the exception of the Earl of Eglinton, gave him permission to kill game on their estates. It was his misfortune to live immediately adjoining the property of his lordship; and it would appear that the noble earl having once detected him in killing a hare, warned him not to commit a similar offence again. Mr. Campbell apologised for the trespass of which he had been guilty, and excused himself by stating that he was in search of smugglers, and that having suddenly started the hare, he was surprised, and without thinking, he shot it. The ill-will which was raised in his lordship’s mind by this circumstance, was in nowise removed by some proceedings which Mr. Campbell was compelled to take against Bartleymore, one of his servants, for smuggling; and it appears that his lordship’s death was eventually attributable to the steps which he took at the instigation of this very person.

About ten in the morning of the 24th of October 1769, Campbell took his gun, and went out with another officer, with a view to detect smugglers. Mr. Campbell took with him a licence for shooting, which had been given him by Dr. Hunter, though they had no particular design of killing any game, but intended to shoot a woodcock if they should see one.

They crossed a small part of Lord Eglinton’s estate, in order to reach the sea-shore, where they intended to walk; but when they arrived at this spot it was near noon, and Lord Eglinton came up in his coach, attended by Mr. Wilson, a carpenter, who was working for him, and followed by four servants on horseback. On approaching the coast his lordship met Bartleymore, who told him that there were some poachers at a distance. Mr. Wilson would have endeavoured to draw off his lordship’s notice from such a business; but Bartleymore saying that Campbell was among the poachers, Lord Eglinton quitted his coach, and mounting a led horse, rode to the spot, where he saw Campbell and the other officer, whose name was Brown. His lordship said, “Mr. Campbell, I did not expect to have found you so soon again on my grounds, after your promise when you shot the hare. I must desire that you will give me your gun.” Mr. Campbell refused to deliver up his property, because he said that he was not employing it in an unlawful manner, on which Lord Eglinton rode towards him, apparently with the intention of taking it from him. Mr. Campbell on this raised his gun, and retreating, presented it at his lordship’s body; but the latter still followed him, and smiling, asked him if he meant to shoot him. He said that he would if he did not keep off, and then Lord Eglinton desired that his gun should be brought to him from the carriage. In the interim, his lordship dismounted, and going close to Mr. Campbell, again required that he should deliver up the weapon which he carried, but the latter declared that he had a right to carry it, and that he would deliver it to no man, and repeated that his lordship must therefore keep off, unless he wished to be shot. Bartleymore now interfered; and Mr. Campbell stumbling against a stone, fell, and Lord Eglinton then advanced as if to seize him. In a moment, however, Mr. Campbell raised himself on his elbow, and lodged the contents of his piece in the noble earl’s left breast. His lordship directly cried out that he was killed, and Mr. Campbell was seized; but his lordship desired that no violence should be used towards him.

Lord Eglinton’s seat was about three miles from the place where this fatal event happened; and his servants put him into the carriage to convey him home. In the mean time Campbell’s hands were tied behind him; and he was conducted to the town of Saltcoats, the place of his former station as an exciseman.

His lordship, after languishing for ten hours, died; and Mr. Campbell was then committed to the jail of Ayr to await his trial.

Upon his being arraigned upon the indictment preferred against him, various arguments were urged in his favour. It was said—“That the gun went off by accident, and therefore it could be no more than casual homicide.

“Secondly—That, supposing it had been fired with an intention to kill, yet the act was altogether justifiable, because of the violent provocation he had received; and he was doing no more than defending his life and property.

“Thirdly—It could not be murder, because it could not be supposed that Mr. Campbell had any malice against his lordship, and the action itself was too sudden to admit of deliberation.”

The counsel for the prosecution urged in answer, in the first place,

“That it was certain malice was implied, in consequence of Campbell’s presenting the gun to his lordship, and telling him that, unless he kept off, he would shoot him.

“Secondly—That there was no provocation given by the earl besides words, and words could not be construed a provocation in law.

“Thirdly—The earl had a right to seize his gun, in virtue of several acts of parliament, which were the established laws of the land, to which every subject is obliged to be obedient.”

After repeated debates between the lawyers of Scotland, a day was at length appointed for the trial, which commenced on the 27th of February 1770, before the High Court of Justiciary; and, the jury having found Mr. Campbell guilty, he was sentenced to die.

The Lord Justice Clerk, before he pronounced the solemn sentence, addressed himself to the convict, advising him to make the most devout preparation for death, as all hopes of pardon would be precluded, from the nature of his offence.

The prisoner conducted himself throughout the whole proceedings with the utmost calmness, and took leave of his friends in the evening with great apparent cheerfulness; and, retiring to his apartment, he begged the favour of a visit from them on the following day. In the morning of the 28th of February 1770, however, he was found dead, hanging to the end of a form which he had set upright, and a silk handkerchief fastened round his neck.

The following lines were found upon the floor, close to the body:—

“Farewell, vain world! I’ve had enough of thee,

And now am careless what thou say’st of me:

Thy smiles I court not, nor thy frowns I fear:

My cares are past; my heart lies easy here.

What faults they find in me take care, to shun;

And look at home—enough is to be done.”