Campbell v. The State Of Ga.

• Citation: 11 Ga. 353
• Decision Date: 30 June 1852
• Docket Number: No. 52.,52.
• Parties: James Campbell, plaintiff in error. vs. The State of Georgia, defendant.
• Court: Supreme Court of Georgia

11 Ga. 353

James Campbell, plaintiff in error. vs. The State of Georgia, defendant.

No. 52.

Supreme Court of the State of Georgia

JUNE TERM, 1852.

Indictment for murder, verdict for manslaughter, and motion for new trial, in Richmond Superior Court. Tried before Judge Starnes, January Term, 1852.

James Campbell was placed upon his trial upon an indictment charging him with the murder of Alfred Mays.

Upon the trial, the following evidence was given in before the Jury.

Testimony for the State.

John Evans, (sworn.) I knew Alfred Mays; I saw him last in January, 1851—think it was about the 23d—it was in this County. He seemed in a bad condition from wounds. I did not see the wounds then. I saw him dead; I think he died on Tuesday morning. When I got there on Tuesday morning, he was dead; I saw him alive on the evening before. Mays made these declarations in expectation of soon dying.

(Cross.) Mays said he should die, several times; said so when I first saw him. I was with him a great deal. Mays was a married man—he had a family—had three young children—think they were there. I was there three hours or more at a time. Last time, while he was alive, I stayed two or three hours; left about 12; he was talking about dying; said he should die— that he could not possibly stand it. He did not call his children around him; he said nothing to his children about his going to die and leave them.

(By Court.) From Sunday evening to Monday evening, at my visits, I heard these statements.

(By State.) About sun-rise, Tuesday morning, I returned and found him dead.

John M. Galt, (sworn.) Alfred Mays was brought to my office Sunday morning, 20th January, 1851. I found him extremely prostrated, from exposure to cold and several wounds. He had a wound on his back, just below the shoulder-blade, which was a flesh-wound—one on the chest, also a flesh-wound, and one on the abdomen, which penetrated the cavity—it was on the left side, above the hip—it was of the breadth of two inches, and depth of one—it was inflicted with a sharp instrument. It was in this County. There were other wounds—several superficial ones on the lower part of the spine, and about the knee. I am a practising physician. I saw him the next morning, about 11 o\'clock; he had a blow across the right ear, I think. I did not regard either of the wounds as necessarily mortal. But for exposure to the cold, he would not, I think, have died; no vital organs were injured; the loss of blood was not great; a portion of the membrane of the intestines protruded from the abdomen. I saw him Monday, he was suffering intense pain. I was sent for on Tuesday morning—when I got there, he was dead. Had no conversation with him relative to his dying. Think he died from wounds with subsequent exposure. Did not hear him express apprehension of death.

(Cross.) I could not judge whether he had been intoxicated or not. Don't recollect his asking me if I thought he would die. I never would have thought the wounds were sufficient to kill him. I believed he was under the influence of liquor, from the fact, that not one of the wounds would prevent his walking when he received them. I was asked if I thought he would die, by several; I never expressed the opinion that he would die. I do not know whether he could have got the blow on the head by a fall or not.

(By State.) Think the bruise was on the right side.

(By Court.) Though the prisoner might have walked, yet it is possible the blow might have prevented him from walking until his system grew torpid from effect of cold. I think the concussion produced by cold, would with liquor, have kept him still until overcome by cold.

(By Prisoner.) I think the blow and loss of blood were sufficient to prostrate him, if drunk.

John J. R. Flournoy, (sworn.) I saw Alfred Mays one or two days before his death—think it was on Monday evening, about 4 o'clock. He was in bed—very weak—very much depressed in feeling. He said what caused his injuries. I was there but a short time. He stated that certain persons who had inflicted the wounds had threatened to kill him—that they had done it, or very nearly done it—naming the persons. Think he made no further expressions with regard to his fate. No one was weeping around him.

William Goodwin, (sworn.) I knew Alfred Mays. I saw him last on Monday after he was hurt; think it was in January, 1851, just before he died. Saw him on Sunday and Monday evenings; got there Monday about 11 o'clock, A. M., and left about 2 P. M. He was in bed; he seemed in great pain; he said so; he said he would never get over it. Don't recollect his saying what should be done after his death. He seemed in low spirits.

(Cross.) Do not know whether men are depressed when getting over a spree.

John Evans, (recalled by State.) When I went into the house on Sunday evening, I asked Mays how he was, and he replied that he was very bad off; he said he was cut all to pieces, and he believed he should die. I told him I was in hopes not. I asked him who it was that wounded him? He said, James Campbell and James Ratcliff. It was done on Saturday night, in this County, from what he told me.

[It is admitted that the assault was committed in this County, at the time charged in the indictment.]

He said that Campbell came up and struck him first, with a stick. He said he whirled and knocked Campbell down. Said that Ratcliff struck him with a stick, a blow that nearly knocked him down, and before he could recover, Campbell was cutting him with a knife and Ratcliff beating him with a stick. He said it was at night; they cut him down, and he cried out to them not to kill him; he halloed murder; they still kept beating and cut-ting him while he was down. When they left him, they said, " now God damn you, if that hain\'t fixed you, you shall be fixed, or will be fixed." Mays was well acquainted with Campbell and Ratcliff.

(Cross.) I was well acquainted with Mays. In that conversation, I asked Mays if he was drunk?—he replied, "you know how I have been when I have taken a drink or two." He did not state how he got to fighting. I never was unfriendly with Campbell and Ratcliff. I believe, that in a drunken spree at Jason Watkins', four or five years ago, I did have a difficulty with James Campbell.

John J. R. Flournoy, (recalled by State.) When there, on Monday, about 4 o'clock, P. M. as I before stated, I found Mays very much depressed, confined to his bed; I asked him who had inflicted the wounds?—he replied, James Ratcliff and the prisoner at the bar, James Campbell; he told me, I think, that he was walking between Campbell and Ratcliff—Campbell on his right side and Ratcliff on his left—that Campbell rather dropped behind him, and gave him a blow with a stick on the right side of his head; he turned to return the blow, on Campbell, and Ratcliff struck him. The fight continued with sticks and knives until he found he must be overpowered, when he cried to them not to kill him, and fell. Did not say who had the stick or who had the knife. When this was stated, Mr. Evans was not present. In reply to my inquiry, why he did not use his knife, he said he did not think it necessary.

(Cross.) He did not state in relation to death, more than what I have stated. He did not intimate when he thought he would die.

William Goodwin, (recalled by State.) I was at Mays' on Monday, between 11 and 12 o'clock in the day—stayed there two or three hours. Mays said he was cut all to pieces; he said, in reply to my inquiry, who did it? Mr. Ratcliff and the prisoner at the bar, James Campbell. He said that he never would get over it; he said he and Campbell were walking together, he received a blow, as he thought, from Campbell; that he whirled around and knocked Campbell down, and before he could recover, he received a blow from a stick across the right side ofhis head, which staggered him, and before he could recover, Mr. Campbell was cutting him with a knife. He said, Mr. Ratcliff gave the second blow—that he cried out to spare life, if possible. I was not present when Mr. Flournoy and Mr. Evans were there.

(Cross.) He said it was between 8 or 9 o'clock. I might have been there two hours on Sunday morning, and about two hours on Monday. He said nothing about what was to become of his property or family when he was dead. He said he wanted Mr. Evans to attend to have these people arrested, if he died.

(By State.) Mays said he was assaulted near Mrs. Reid's gate, on the Sand hills—old Mrs. Read's, David Read's widow. That place is 100 or 150 yards from a house.

(By Prisoner.) Mrs. Campbell's is, perhaps, a mile and a quarter from the gate—don't think it is two miles.

(By State.) Mays is a man of very little property.

Samuel Read, (sworn.) I think I last saw Mr. Mays on Saturday night, between 7 and 8 o'clock, before he died, at the bridge just below the Sand-hills. Campbell was with him. Stephen Bass was along at the time. They were quarrelling a little; Campbell and Mays were both talking; they were going towards Mrs. Read's. Mays asked Campbell to go and take a drink. It was about a half a mile from Mrs. Read's. After they drank, I thought it was all over. They walked back towards Mr. Watkins' and I saw no more of them. Mrs. Read's gate lies in Mays' and Campbell's route home. That was pretty much Mays' road, after leaving the bridge, first came to Mrs. Campbell's.

(Cross.) I testified before the examining Court. I don't think Mays was drunk—think he was drinking—I heard Campbell say nothing out of the way. Mays seemed to be mad— he cursed some; he had a jug of liquor with him; he asked me to drink; I did not drink; he went to drink—I saw them take the jug; he was a little intoxicated.

(By State.) The road on which the difficulty happened is a public road, leading from town.

Seaborn Skinner, (sworn.) On Monday before his death, Isaw Mays; I called on him—I asked him how it happened? He said, Saturday night before, he and James Campbell were coming up from Battle Row; that about the time ...