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
charge of his post-horses and four-in-hand), Messrs. Mark Cross,
William Maley (a solicitor), Joseph Goodwin, George Durham, Edward
Dawkes, James Morris the younger, Martin Hughes (who died during the
proceedings), and Richard Walter Chetwynd, Viscount Chetwynd, Baron
Rathdowne. The indictment charged, in its first count, “that they, the
defendants aforesaid, on the 9th day of February, 1841, in the parish
of Holcut, in the county of Bedford, did then and there, together with
other evil-disposed persons, whose names are unknown to the jurors
aforesaid, unlawfully, riotously, and tumultuously assault Edward
Orlebar Smith, clerk, one of the Justices of the Peace for the said
County, and John M’Hugh, one of the constables of the Peace for the
said County, and, then and there, did, in contempt of our said Lady
the Queen and her laws, to the great terror, alarm, and disturbance of
all the liege subjects of our said Lady the Queen thereabouts
inhabiting and residing and being, passing and repassing, to the great
damage of the said Edward Orlebar Smith and John M’Hugh, and against
the peace of our said Lady the Queen her crown and dignity.” The
second count in this formidable document, repeating the names and
verbiage, included the same charges against the defendants for riot
and assault on the person of the Rev. Joshua Cautley. The third count
varied by specifying James Burke as the assailant of the Rev. Edward
Orlebar Smith (whom he never touched in any way). The 4th, 5th, 6th,
and 7th counts merely varied in the names of the parties assaulted, by
substituting “Smith” for “M’Hugh,” and “Cautley” for “Smith,” as the
persons on whom “with force and arms,” the same defendants “did then
and there beat, wound, and ill-treat, and do other wrong, to the great
damage of the said E. O. Smith,” &c., &c., “and against the peace of
our said Lady the Queen her crown and dignity.”
Any one not used to the formal wording of legal documents may well
share the astonishment of the Deaf’un when this astounding rigmarole,
being furnished to his legal advisers (Mr. Vincent Dowling and Mr.
Serjeant Dowling), was read and explained to him. His truthful and
indignant denials of all the serious delinquencies laid to his charge
in this farrago of legal fictions were most amusing. Perhaps the way
in which these were thrown into rhyme, by what old Jacob Tonson, the
bookseller, used to call “a competent pen,” will convey some idea of
the Deaf’un’s objections and denial of the charges:――
ADDRESS OF DEAF BURKE TO THE GRAND AND COMMON JURIES OF BEDFORD.
Pull’d up by _beaks_, before you here I shows,
For what offence, I’m blistered if I knows;
Fam’d thro’ the universe for feats of fists,
Before you stands Deaf Burke, the pugilists.
Yes, honest jurymen, with heart of steels,
I make with confidence my proud appeals,
My case upon its simple merits try――
Let me have justice, and no fears have I.
Public-domain text, read in full here on John Shaqi.
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