Pugilistica: The History of British Boxing, Volume 3 (of 3): Containing Lives of the Most Celebrated Pugilists; Full Reports of Their Battles from Contemporary Newspapers, With Authentic Portraits, Personal Anecdotes, and Sketches of the Principal Patrons of the Prize Ring, Forming a Complete History of the Ring from Fig and Broughton, 1719-40, to the Last Championship Battle Between King and Heenan, in December 1863Miles, Henry Downes
History
Pugilistica: The History of British Boxing, Volume 3 (of 3): Containing Lives of the Most Celebrated Pugilists; Full Reports of Their Battles from Contemporary Newspapers, With Authentic Portraits, Personal Anecdotes, and Sketches of the Principal Patrons of the Prize Ring, Forming a Complete History of the Ring from Fig and Broughton, 1719-40, to the Last Championship Battle Between King and Heenan, in December 1863
Miles, Henry Downes
Boxing
THE TRIAL.――On Thursday, July 11th, 1833, the trial of Spring, Ward,
Gaynor, Curtis, and the Deaf’un took place at Hertford Assizes. On the
previous day, when Mr. Justice Bailey charged the Grand Jury, he
alluded to the case in a humane and impartial manner, and the Grand
Jury found a true bill against all the parties concerned. On the
Thursday morning, Burke and Dick Curtis, who had surrendered, were put
to the bar before Mr. Justice Park, and pleaded not guilty. As Spring
and the other two accused did not surrender at first, the trial of
these men was proceeded with. Witnesses were first called who proved
that the fight had taken place, after which Mr. Kingston, the surgeon
who had attended Byrne up to the time of his death, was examined. He
described the _post mortem_ examination, and the appearance of the
body, in similar terms to those which he had used before the Coroner.
He next said the fulness of the vessels of the brain might be caused
in various ways, by blows, or falls, or excitement. After three hours’
fighting such an appearance might be produced; the exertion might have
caused it without a blow. He did not find the vessels of the brain
more distended where the bruises were than in the other parts; the
cause of death was the congested state of the brain.
Examined by Mr. Justice Park: “Then, finding the vessels in the same
congested state all over the head, as you have described, should you
attribute that appearance more to general exertion than to blows or
external violence?”――Witness: “The exertion the deceased underwent
would have been sufficient of itself to have caused this appearance. I
cannot say that the blows he received were the cause of death, either
in the whole or in part. That was the conclusion to which I came on
the _post mortem_ examination.”
Mr. Justice Park, after hearing this statement, addressed the jury,
and said, “Gentlemen, that makes an end of the case. The indictment
charges that death was occasioned by blows and violence, whereas it
appears the deceased died from other causes. The prisoners, therefore,
must be acquitted.” The jury immediately returned a verdict of “Not
guilty,” and Burke and Curtis were discharged from custody. Messengers
were then despatched to inform Spring, Ward, and Gaynor of the result,
and they then surrendered and were placed at the bar. No evidence,
however, was offered against them, and a verdict of “Not guilty”
relieved them from their anxiety.
Public-domain text, read in full here on John Shaqi.
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