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.