Colonel Paterson, of the 21st Regiment, was produced to the same point, and also failed.
George Sutherland, Quarter-master of the same regiment, was produced to the same point. He stated that he saw him ten minutes before he died. He was in bed, agitated with pain, in his senses, but rolling in the bed. He did not, however, say to him that he thought he was dying.
Upon this, a special verdict was directed to the jury, to inquire whether Captain Boyd, ten minutes before his death, and under the circumstances stated, must or must not have known he was dying. After some short deliberation, they found for the affirmative of this issue (that he must have known it). The declaration was then admitted; but none could be proved within that space, except his asking for Major Campbell, and his saying, “Poor man, I am sorry for him.”
John Greenhill was produced merely to prove, that Major Campbell had time to cool after the altercation took place; inasmuch as he went home, drank tea with his family, and gave him a box to leave with Lieutenant Hall, before the affair took place.
Here the prosecution closed.
The defence set up was merely and exclusively the character of the prisoner, for humanity, peaceable conduct, and proper behaviour. To this, several officers of the highest rank were produced, who vouched for it to the fullest extent; namely, Colonel Paterson, of the 21st Regiment, General Campbell, General Graham Sterling, Captain Macpherson, Captain Menzies, and Colonel Grey: many others were in attendance whom it was unnecessary to produce.
The learned judge charged the jury in the most able manner, recapitulated the evidence, and explained the law on the subject most fully and clearly. The jury retired, and in about half an hour brought in a verdict, “Guilty of murder;” but recommended him to mercy, on the score of character only.
He was sentenced to be executed on Monday, but respited to Wednesday se’nnight.
And this respite was obtained by the greatest exertion. Mrs. Campbell, who was tenderly attached to her husband, having resolved to proceed to London, and solicit the Royal mercy, hastened to the sea-coast, but found that unexpected circumstances threatened to frustrate her fondest hopes. It blew a perfect hurricane, and no reward could tempt the captain of any vessel to venture to sea. While she was running up and down the shore in a distracted state, she met a few humble fishermen; and these poor fellows no sooner heard the cause of her agony than they offered her their service and their boat, in which she actually crossed the channel. Her noble companions not only refused to receive any reward, but attended her to the coach-office, and followed her several miles on the road, praying God to bless her, and grant her success.
On arriving at Windsor with her petition it was past eight o’clock, and the King had retired to his apartment; but the Queen, compassionating the afflicted wife, presented the memorial that night, and Mrs. Campbell received the kindest attention from the whole of the Royal family.