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
each, “to be of good behaviour for one year.” The fines were paid, the
sureties given, and the defendants liberated from that charge. In July
the unlucky defendants again surrendered, when their trial was again
postponed to await the result of the _certiorari_ by which the
aristocratic defendants (Viscount Chetwynd and Mr. Maley, the
solicitor) had removed their cases to the Court of Queen’s Bench.
These having failed, in the ensuing November, Burke and his fellow
victims of the law’s delay were placed at the bar. In the interim we
find in the _Bedford Mercury_:――
“PRIZE FIGHT AND LORD CHETWYND.――Lord Charles Russell laid
before the Court a statement showing the position of the
prosecution against Burke and thirteen others, for a riot at
a prize fight at Holcut, in this county, and did so to know
whether the prosecution should be proceeded in. Already an
expense of £50 had been incurred, and probably between £80
and £90, exclusive of witnesses, would be further required.
By a writ of _certiorari_ Lord Chetwynd had traversed the
case to the Court of Queen’s Bench, to obtain the privilege
of not pleading on the trial in the usual way by holding up
his hand. The other parties accused had not been aware of
the object of the course taken by Lord Chetwynd, and were in
the same position as they were before traversing to the
superior court. The county was at a great expense, and the
defendants must have been at double the expense. His
lordship also laid before the Court a correspondence between
Lord Chetwynd and that gentleman, expressing his regret at
what had occurred. Mr. Smith was not satisfied with the
correspondence, and the opinion of the Court was that the
prosecution should be continued, having begun it.
“From this we infer that the Rev. Mr. Smith is not satisfied
with the apology tendered by Lord Chetwynd, and that to
satisfy his feelings, the county and the defendants are to
be involved in a still heavier outlay. To those who were in
no respect consenting to Lord Chetwynd’s determination, this
seems a measure of cruelty for which we were not prepared;
but it would seem that after having already entered into
recognisances to appear and take their trials, and having
strictly and respectfully complied with that undertaking,
from whence they were relieved by no act of their own, they
are again called on to put in fresh bail in the Court of
Queen’s Bench at Westminster, some of them living in distant
parts of the kingdom. This may be necessary in form of law;
but surely, even the Rev. Mr. Smith can have no wish to add
to the hardships of the defendants, who were, and are still
ready to submit to take their trials at the proper season.”
Public-domain text, read in full here on John Shaqi.
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