The Express.
London, England, 1866-11-22 00:00:00

CENTRAL

(Before Mr. Baron Bramwell.)
John Young, William Sham, Daniel Morris, George
Flynn, Bdward Donnelly, Thomas Daw, and James Goode
surrendered to take their trial for the manslaughter of

Edward Wlilmott.
Mr. Poland and Mr. Beasley conducted the prosecution
on behalf of the commissioners of police. Mr. Ribton and
Mr. Gough appeared for Young ; Mr. M. Williams and
Mr. Harrington appeared for Shaw ; and Mr. O'Leary de-
fended Morris. The other prisoners had no counsel.
The learned counsel in opening the case for the pro-
secution said that although the prizoners were charged
with the offence of mansUnghter, it was not one by
any means of an aggravated character ; and the object
of the prosecution was principally to vindicate the
law, and that it should be known that proceed-
ings such as were charged against the prisoners were
of an illegal character, and that if death ensued
all those concerned were liable to be charged with
the offence of manslaughter. He then proceeded to state
the circumstances under which the charge was preferred.
It will be remembered that on the 9th of October a spar-
ring match, as it is termed, took place at the house of the
prisoner Shaw, who is the landlord of the Queen's Head
public-house, Great Queen-street, Haymarket, between
the prisoner Young and the deceased, who were both lads,
not more than twenty years of age. Cards had been issued
announcing that there would be • grand sparring match on
the night in question, and the place first indicated for the
proceeding was the Wrekin Tavern, in Broad-court, Bow-
street, which is kept by the father of the prisoner Shaw.
but an adjournment took place to the Queen's Head, and
the parties sparred together for more than an hour, when
they were both very much exhausted. In the last round
the deceased fell, and struck his head against the
wall of the room., and immediately became in-
sensible and was taken to the Charing-cross Hos-
pital, where he died • few hours afterwards in conse-
quence of the injury to the head. It appeared that
half-a-crown and smaller sums were paid for admission to
the room where the sparring match took place, and that
about 100 persona were present during the struggle between
the deceased and the prisoner Young. The case on the
part of the prosecution was, that Morris, Donnelly, and
Daw, had acted as seconds, that Flynn bad acted as time-
keeper, that Goode had given money to the deceased to
bet, and that Shaw was the proprietor of the place where
the match occurred, and was present while it was going on,
and that thus they were all criminally concerned in the
transaction. The learned counsel in the course of his
opening referred to a dictum of Mr. Justice Foster upon
the subject of lawful and unlawful games, and said that if
• person engaged with another in a trial of skill, even with
weapons, in a friendly manner, and merely for the
purpose of obtaining efficiency in the use of their
weapons, if death unfortunately resulted by some
accident the survivor would not be amenable to a charge
of manslaughter. It was, however, at the same time
distinctly laid down that this rule did not apply to the
case of a boxing match for the purpose of profit, which was
alleged to have been the nature of the transaction in which
the prisoners were engaged on the present occasion.
John Evans, who was one of the seconds of the deceased,
was then called as a witness, and be detailed the circum-
stances under which the struggle took place, and said that
the gloves that were used were new, and much softer than
those that had been used for any length of time. He de-
scribed the struggle as having been a perfectly fair and
friendly one, and said that the deceased resolved the in-
jury which was alleged to have caused his death by falling
or slipping down upon the close of the encounter ; and im-
mediately he saw that be was injured he took him to the
hospital.
This witness, by the answers he gave in cross-examina-
tion, caused • good deal of laughter. lie said that he had
seen a great many sparring matches, and that ho himself
was in the habit of occasionally instructing gentlemen in
the " noble art " of self-defence. He said that in spar-
ring with the gloves the parties engaged in the struggle
hit each other as hard as they could, and he had been fre-
quently knocked down by his pupils, and upon one occa-
sion lie broke the jaw of • gentleman with whom he was
sparring. He was asked how it was done, and he said
that he " feinted" up to him and then hit him ; and he
threw out his arm quite close to the learned judge, to
show him practically how the blow was struck, the pro-
ceeding occasioning a roar of laughter, in which Baron
Bramwell joined moat heartily.
Several other witnesses were examined, but their evi-
dence was to the same effect with regard to the nature of
the struggle.
Mr. Airey, one of the surgeons of the Charing-cross Hos-
pital, proved that the chest and arms of the deceased were
very much bruised, and that the injury to the head of the
deceased was the cause of his death.
In answer to questions put by the learned judge, this
gentleman stated that he should not consider that •
boxing match, where gloves such as those produced were
used, was likely, under ordinary circumstances, to be
dangerous to human life. He also said that much more
serious injury might undoubtedly be inflicted by • cricket-
ball in a match at cricket.
Mr. Williams, at the conclusion of the case for the pro-
secution, took several legal objections to the indictment,
and contended that upon the facts of this use • charge of
manslaughter could not be supported.
Baron Hommel! soil that the chief difficulty that arose
in his mind was the difficulty of discovering what there
was unlawful in the original proceeding, namely, the
sparring match. It took place in a private room, there
was not the slightest ground for suggesting that it was
likely to lead to a breach of the peace, and gloves were
used for the purpose of preventing the parties from doing
any mischief to each other. Death might be the conse-
quence of an accident while the most innocent game was
being played, and he confessed that he had some difficulty
in seeing how the present charge could be sustained. He
added that if it became necessary he should certainly
reserve the point for further consideration.
Mr. Poland argued at considerable length that the car-
rying out of a boxing match was an illegal sport, and had
been so designated by legal authority, and that all parties
concerned were answerable for the result. lie contended
that it was in the same category as an ordinary prize fight,
which very frequently took place on private land.
Baron Bramwell ultimately left the court to confer with
Mr. Justice Bytes upon the point, and upon his return he
said that it appeared to him that the only way in which
he could leave the ease to the jury was, that although the
sparring match was in itself not illegal, still that the par-
ties concerned had permitted it to continue longer than
they ought to have done, and after the coinbatants were
exhausted. He at the same time expressed his opinion
that there was no ease whatever to go to the jury against
Goode, who really appeared to have merely been present.
The defendant was therefore Acquitted.
The learned counsel then severally addressed the jury on
behalf of their clients, and they contended on behalf of each
that it would be very unjust to convict them of manslaughter
for taking part in a transaction which really was nothing
more originally than a harmless trial of skill and strength
on the part of the two young men, one of whom had un-
fortunately lost his life. They contended that if such a
charge could be supported upon the facts of the present
case, persons would be equally liable to be tried and
convicted of manslaughter if an accident, ending unfor-
tunately in death, should take place in the course of •
genie at cricket, or at wrestling, or at the old English game
of single stick, which never ended without • broken head.
Baron Bramwell, in summing up the case to the jury,
said that if any offence had been committed in law on
the present occasion, it certainly would be one of • very
trivial character, and he must confess that it appeared to
him to be rather too much to say that such a proceeding
amounted to a felony. He was of opinion that sparring
with gloves was not an unlawful act. and, under ordinary
circumstances, the utmost mischief that would result from
it was a bloody nose or a black eye, and there was not a
single amusement or pastime of an athletic character
that could be carried out without some danger, and this
applied to rowing, running riding, and every other amuse-
ment of that character. His original opinion, be said, was
that the charge could not be supported, and upon further
consideration it appeared to him that the only way in
which he could leave it to tha jury thatl they
would be justified in convicting the prisoners of man-
slaughter, was that they should be satisfied that they had
permitted what was otherwise a lawful proceeding to be
carried on too long, and that when the combatants were
evidently exhausted, they ilia not put a stop to the straggle.
It was for the jury to consider whether the evidence would
justify them in coming to this conclusion, and he should
certainly, if it should become necessary, reserve the ques-
tion for further consideration whether he was justified, upon
the facts, in leaving the case to them in the form be had
mentioned. He concluded by stating that if they should
be opinion that the death of the deceased was merely the re-
sult of an unfortunate accident, the whole of the prisoners
were undoubtedly entitled to an acquittal.
The jury, after deliberating a short time, returned • ver-
dict of Not Guilty as regarded all the prisoners, and they
were ordered to be immediately discharged.
(Before Mr. Justice Bytes.)

Darid Bursae, 28, was charged with • highway
robbery, accompanied by violence, upon Samuel Caswell,
and stealing from him two 101. bank-notes, a IL-note, and
61. Is. in cash.
Mr. Poland and Mr. Bealey prosecuted, instructed by
Mr. Nelson, the City solicitor ; and Mr. M. Williams and
Mr. Straight defended the prisoner.
The fact, of this case will be fresh in the recollection of
the public, as they have appeared very recently in the
Mansion-house police reports. The offence imputed to the
prisoner was committed so long back as the month of
April last ; and it appeared that at a late hour on the
night mentioned in the indictment the prosecutor, who is
an elderly man, was walking along Cannon-street, when
he was struck a violent blow, which broke his nose, and
other very serious injuries were inflicted upon him, and
while he was upon the ground be was robbed of the
amount above-mentioned. The prisoner was proved to
have been in the company of the prosecutor immediately
before the occurrence took place, and it appeared that he
absconded immediately, and was not taken into custody
until several months afterwards, and the only question in
the case was whether he was the person by whom the rob-
bery and violence were inflicted.
The jury, after a good deal of deliberation, returned •
verdict of Ouilly.
Evidence was then adduced that the prisoner bad been
before convicted of • similar offence, and sentenced to