Attention was then drawn to the honorable manner in which Byron had come
forward and given himself up to the police the moment he became aware
that they were in search of him. Paradise would, beyond a doubt, have
adopted the same course had he not been arrested at once, and that, too,
without the least effort at resistance on his part. That was hardly
the line of conduct that would have suggested itself to two lawless
prize-fighters.
An attempt had been made to prejudice the prisoner Byron by the
statement that he was a notorious professional bruiser. But no proof of
that was forthcoming; and if the fact were really notorious there could
be no difficulty in proving it. Such notoriety as Mr. Byron enjoyed was
due, as appeared from the evidence of Lord Worthington and others, to
his approaching marriage to a lady of distinction. Was it credible that
a highly connected gentleman in this enviable position would engage in
a prize-fight, risking disgrace and personal disfigurement, for a sum of
money that could be no object to him, or for a glory that would appear
to all his friends as little better than infamy?
The whole of the evidence as to the character of the prisoners went to
show that they were men of unimpeachable integrity and respectability.
An impression unfavorable to Paradise might have been created by the
fact that he was a professional pugilist and a man of hasty temper;
but it had also transpired that he had on several occasions rendered
assistance to the police, thereby employing his skill and strength in
the interests of law and order. As to his temper, it accounted for the
quarrel which the police--knowing his profession--had mistaken for a
prize-fight.
Mellish was a trainer of athletes, and hence the witnesses to his
character were chiefly persons connected with sport; but they were not
the less worthy of credence on that account.
In fine, the charge would have been hard to believe even if supported by
the strongest evidence. But when there was no evidence--when the police
had failed to produce any of the accessories of a prize-fight--when
there were no ropes nor posts--no written articles--no stakes nor
stakeholders--no seconds except the unfortunate man Mellish, whose
mouth was closed by a law which, in defiance of the obvious interests
of justice, forbade a prisoner to speak and clear himself--nothing, in
fact, but the fancies of constables who had, under cross-examination,
not only contradicted one another, but shown the most complete ignorance
(a highly creditable ignorance) of the nature and conditions of a
prize-fight; then counsel would venture to say confidently that the
theory of the prosecution, ingenious as it was, and ably as it had been
put forward, was absolutely and utterly untenable.
Public-domain text, read in full here on John Shaqi.
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