John Bellenden Ker.
BETWEEN MAJOR CAMPBELL AND CAPTAIN BOYD.
August 1808.
Trial of Major Campbell, of the 21st Regiment.
Alexander Campbell, Brevet-Major in the army, and a Captain in the 21st regiment, stood indicted for the “wilful and felonious murder” of Alexander Boyd, a captain in the said regiment, by shooting him, the said Alexander Boyd, with a pistol bullet.
To support this indictment, the following witnesses were produced:—
George Adams, who stated, that he had been assistant surgeon in the 21st Regiment, since April twelvemonths. He knew Major Campbell and Captain Boyd. In the year 1807 they were quartered in the barracks, in the county of Armagh side of Newry. On the 23rd of the said month, Captain Boyd died of a wound he received by a pistol bullet, which penetrated the extremity of the four false ribs, and lodged in the cavity of the belly. On that day the regiment was inspected by General Kerr; and, after the inspection, the General and officers messed together. About eight o’clock all the officers left the mess, except Major Campbell, Captain Boyd, witness, and a Lieutenant Hall. A conversation then commenced by Major Campbell stating, that General Kerr corrected him, that day, about a particular mode of giving a word of command, when he conceived he gave it right. He mentioned how he gave it, and how the General had corrected him. Captain Boyd remarked, that neither was correct according to Dundas, which was the King’s order. (This observation, witness stated, was made in the usual mode of conversation.) Major Campbell said, “it might not be according to the King’s order, but still he conceived it was not incorrect.” Captain Boyd still insisted it was not correct, according to the King’s order. They argued this some time, till Captain Boyd said,—he knew it as well as any man. Major Campbell replied,—he doubted that much. Captain Boyd at length said,—he knew it better than he, let him take that as he liked. Major Campbell then got up and said, “Then, Captain Boyd, do you say that I am wrong?” Captain Boyd replied, “I do. I know I am right by the King’s orders.” Major Campbell then quitted the room. Captain Boyd remained after him for some time. He left the room before the witness or Lieutenant Hall; but no observation was made on his going, more than on that of any other gentleman that had dined there. The witness and Lieutenant Hall went out together in a short time after. They went to a second mess-room, and there Captain Boyd came and spoke to them. (The conversation was not admitted in evidence, as Major Campbell was not present at it.) They then went out together, and the witness left Captain Boyd at Lieutenant Dewar’s. In about twenty minutes after he was called upon to visit Captain Boyd. He went, and found him on a chair vomiting. He examined his wound, and found it a very dangerous one. He survived it but eighteen hours. He stayed with him till he died, during which time he got gradually worse.
On his cross-examination he stated, that there was something irritating in Captain Boyd’s manner of making the observation alluded to; so much so, that he conceives Major Campbell could not, consistently with his feelings, pass it over. But, if a candid explanation had taken place, he did not conceive the melancholy affair would have occurred.
John Hoey stated, That he is mess-waiter for the 21st Regiment, and was so then. He remembers the night this affair took place. Knew Major Campbell and Captain Boyd. He saw Major Campbell that night in a room where he was washing glasses. Major Campbell had quitted the room ten or fifteen minutes. As Major Campbell was coming up stairs, Captain Boyd was leaving the mess-room, and they met on the stair-head. Both went into the mess-waiter’s room, and there remained ten or fifteen minutes, when they separated. The prisoner, in about twenty minutes, came again to the witness, and desired him to go to Captain Boyd, and tell him a gentleman wished to speak to him, if he pleased. He accordingly went in search of Captain Boyd. He found him on the parade ground. He delivered the message, and Captain Boyd accompanied him to the mess-room. No one was there. The witness pointed to a little room off it, as the room the gentleman was in. He then went to the mess-kitchen, and in eight or ten minutes he heard the report of a shot; thought nothing of it till he heard another. He then went to the mess-room, and there saw Captain Boyd and Lieutenants Hall and Macpherson. Captain Boyd was sitting on a chair vomiting. Major Campbell was gone, but in about ten or twelve minutes he came to the room where the witness was washing some glasses. Major Campbell asked for candles. He got a pair, and brought them into the small room. Major Campbell showed the witness the corners of the room, in which each person stood, which distance measured seven paces. He never saw Major Campbell after, till a week ago, though the witness never quitted the regiment, and retained his employment.
John Macpherson stated, That he is Lieutenant in the said regiment. Knew Major Campbell and Captain Boyd. Recollects the day of the duel. On the evening of that day, going up stairs about nine o’clock, he heard, as he thought, Major Campbell say, “On the word of a dying man, is everything fair?” He got up before Captain Boyd replied;—he said, “Campbell, you have hurried me; you’re a bad man.” Witness was in coloured clothes, and Major Campbell did not know him, but said again, “Boyd, before this stranger and Lieutenant Hall, was everything fair?” Captain Boyd replied, “O my Campbell! you know I wanted you to wait, and have friends!” Major Campbell then said, “Good God! will you mention before these gentlemen, was not everything fair? Did not you say, you were ready?” Captain Boyd answered, “Yes;” but in a moment after said, “Campbell, you are a bad man.” Captain Boyd was helped into the next room, and Major Campbell followed, much agitated, and repeatedly said to Captain Boyd, “that he (Boyd) was the happiest man of the two.”—“I am,” said Major Campbell, “an unfortunate man, but I hope not a bad one.” Major Campbell asked Captain Boyd if he forgave him? He stretched out his hand and said, “I forgive you; I feel for you, and I am sure you do for me.” Major Campbell then left the room.
Duncan Dewar, Adjutant of the regiment, who was with Captain Boyd for some time after he was wounded, was produced to show Captain Boyd’s firm conviction that he would die in consequence of that wound, in order to let in his declaration then made as evidence. But Captain Boyd not having (before him) expressed such a conviction, that evidence failed. Surgeon W. J. Nice was produced to the same point, and likewise failed.