The Sun.
London, England, 1863-12-23 00:00:00

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44,
MARK'S-CROSS, NEAR WADRURST, Tete* '
This morning the informations which had been laid a„
the principals, seconds, eiders and abetters, and othesa,
took- part in the recent contest between Tem King
John Carmel Heenan, at Wadhurst, in the county of
Sussex, came on for hearing before the magistrates sitting
in Petty Sessions at the Justice-room at this place. The
justices present were Messrs. D. Barelay:(chairrnan), E.
Hussey, H. Dixon, E. W. Smyth, W. C. Molland, G.
Field, and the Hon. F. G. Molyneux.
The defendants, upon being called, answered as follows :
—Thomas King, John Carmel Heenan, Thomas Sayers,
James Mace, John Calvin Noon, alias Jerry Noon, John
Tyler, alias Boa Tyler, Robert Travers, John Macdonald,
William Richardson, and William Preston. Edward Smith
did act answer, and inspector Silverton, of the C division of
London police,who had aerved the other summonses, stated,
in reply to the Bench, that he had delivered the summons
at the plane of business of the defendant, Bell's Life in 1;071.
don, 170, Strand, and had been told he would attend in the
afternoon.
Mr. Thomas Beard, solicitor, of 10, Basinghtill-strcet, ‘ -
peered for all the defendants except Heenan, Sayers, sad
Macdonald.
Mr. Beard said that, as far as Meg WAS concerned, it was
not his intention to fight any more, and that he thought
the ends of justice would be fully satisfied if be wore bound
over to keep the peace. The other defendants would also
enter into similar recognisances, and as in the aeljecen,`,
county of Kent it had been considered sufficient to edept
such a curse, he hoped the banch would consider that
would be sufficient.
Heenan also assured the magistrates that, with Sayers
and Macdonald, he would enter into any sureties considered
necessary, and that, for his own part, ho did not intend to
fight again.
The Chairman observed that the object was not so much
to punish as to deter others from doing the same thing, and
said that the Bench felt they must go on with the case.
The following evidence was then taken :
Mr. George Campion Courthope, a county magistrate,
said on the morning of the 10th of December, hearing the
fight was about to take place, he went to the Wadhuest
railway station, where he saw a great number of people in
a field. He went to the spot and found the space enclosed
with ropes and stakes, and two men fighting within the
ring. He knew the defendant King to be one of them, and
believed Heenan to be the other. He also saw Tom Sayers,
who acted as one of the seconds to Heenan. He thought he
saw some other of the defendants, but he could not speak
positively to them. He endeavoured to get into the ring,
and said he was a magistrate. Some person said, " There are
two magistrates here; will you kindly act as referee, for wo
are in some difficulty about one," but he declined. (Laughter.)
There were several persons present who were apparently
gentlemen. He did not speak to either of tho defendants to
request them to desist, because he could not get near enough
to them.

Mr. Christopher Ellis, an exciseman, stationed at Wad-
hurst, said ho went to the fight, and saw Heenan and King
fighting in the ring.. B
" TaylorKing'sHeenan's corner was in corner. He
also saw Noon and -
Mace. Macdonald and Sayers were in
see
esisting him, He went there in discharge
of his duty, to
license. He did see spirits
r sold.
whether spirits were sold without a
Wm. Price, toll-collecte
at Wadhurst gate, said that on
being told there was a fight close by he went to see it. Ile
saw the two principals—King
and Heenan--fighting.
Mr. Beard—l suppose
you w
Witness—Yes, and I would ge:t merely from curiosity ?
t
another. Who wouldn't ? 0-morrow if there was
Hill, one of the Sussex constabulary, No.t nearer 56, said that
e the ring
having heard of the fight he went thereaendn ound 1,200 or
1,300 people assembled. He could not g
than the outer rope. He saw King, Heenan, and
trying to get near the ring, two gentlemen Sayers. On
handed witness
back "very politely?' (Laughter.)
John A. Thompson, deputy chief constable of the Sussex
constabulary, deposed that he arrived at the ring just as the
fight had apparently terminated. He saw Heenan on the
ground. King was standing up. Witness could not iden-
tify any of the other defendants as being present, but he
noticed those two particularly.
Sohn Campany, another police-officer, who accompanied
the last witness, identified King as being present. Witness
saw Sayers and others assisting Heenan into a chair and
dressing him. The defendant Tyler was there with King,
helping to dress slim. Noon, Macdonald, and Bob Travers
were there.
The witness saw King go round with his cap collecting
money, and Mace went with him.
Cross-examined by Mr. Beard—Witness saw nothing
done by Mace except going round in the field with King to
collect money.
Superintendent Bennett, of the Sussex police, proved the
service of the informations upon the several defendants.
Inspector Silverton confirmed the evidence of the last wit-
ness with reference to the service of the summons on King,
and remarked that Preston said at the time that Ring would
not have won the fight if they had not poured water on his
, head.

This being the case for the prosecution, Mr. Beard sub •
mitted that there was no case against B.ichard6on and
Preston.
The Bench assented, and the two defendants Preston and
Richardson were discharged.
Mr. Beard then made a powerful appeal on behalf of the
defendants he represented. He again urged that the ends of
justice would be fully satisfied if they were bound over, as
he had taken kayo to suggest-, at the opening of that case.
Whatever the feelings of the Sussex magistrates might be
in the matter, it was quite clear that great favour and coun-
tenance were given in certain high quarters to men in the
position of the defendants, and some allowance ought there-
fore to be made for persons who belonged to a humble and
obscure position in life. No one could fail to see that per-
sons of rank and position attended such fights, and that was
a reason which should induce the Bench to deal lightly
with those who had been selected for punishment. Re was
not there to say they were right in breaking the law, but
when the Bench considered the case of the men before them
he felt bound to say that reliance might fairly be placed
upon their promises that they would not further transgress
the law. He then reviewed the evidence as bearing upon
the individual cases, and urged that there was not sufficient
proof of the defendants' presence to justify the Bench in
sending them for trial, He pointed out that the whole of
England had been interested in the contest between Ring
and Heenan, and an equal interest in it had been manifested
in America. All the defendants had so conducted them-
selves in their vocation as to find friends to become sureties
country,
for their future good behaviour.
The defendant Heenan said—As to Sayers and myself, I
am not in a state of health to enter the ring again, and it I
CsnhSof the Bench said—We have considered
not only the evidence, but
Mr. Beard on behalf of someof
onuitladtinaont:lght again in this
wasTA Tile
It
ee certainly
some Chairman
i also the ob-
servations
in this case the parties
the de-
stherivsactaiosenscancir carefully, 1
byy,
fondants, as well as the cases of those Who
are not repro..
afninwsthtahtetmheyatditdhe
seated by a solicitor. We feel that
any charge that may be
should all be bound over to answer
iet B4 preferredYthaagt
reprehensible,
Quarter Sessions We do
commitanything particu-
larlyantssome tribunal which will deal viw'll be summoned
tothebelore
with impunity. These persona 1 illegal,
evidence which will be adducedt.h t
each enter into their Thehem defendantsaccordi
findm u
st
answer any indictment
appear
sureties of 150, andbail to
the extent of £5O, to
f e rTr ehde againstrequire
a thembai c pfeoarrmaitsdtheenineaenxotuQratahrat rinSaessybioenparteo.
was then entered into, and the defend-
ants
were liberated.

Horninaanys Tea is choice and strong, moderate
in price,
and wholesome to use. These alvantages have
secured for this Tea a general preference. It is sold in
packets by 2,250 Agents.
The Civil Tribunal of the Seine has just given
judgment in an action brought by Count do Jouf-
froy against Count de Itlontraort and his brother-in-law,
Prince Galitzin, to recover a sum of 30,000 f., the price of
580 partially paid-up shares in
that the
tha s atement of Ntrof uhcthe
(Elector. Ilesse)-
hn
It app
plaintiff's counsel eared
that his client sold the shares to the de-
fendants in 1861, v.ho gave bills for the amount. When the
bills fell due in August, 1852, the defendants refused to pay
them, on the ground that the whole affair was a gaming
transaction, as the great part of the funds of the Nauheim
compary were employed in the gaming-house attached to
their establishment. The counsel proved that the esta.
the amount
blishment of Nauheim was duly authorised by the Govern
ment of Ifosse, also that tho shares of the company we -
negotiated in all the principal German money markets, re
he insisted that the laws of France against gaming at
altogether inapplicable. The tribunal took that we
--
case, and condemned the defendants to pay ___ yew of the
claimed, with interest and costs of suit,

The book-stalls around the Theatre of the
Odeon have been for some time past frequently
plundered of works exposed for sale. Suspicion at length
fell upon a well-dresssd young man, and he,buing watched,
was the day before yesterday detected secreting under his
cloak the second volume of Nisard's " Historic do la Litle-
rature Frargaise" while purchasing some trilling article
from one of the dealers. On being arrested and interroga-
ted he admitted that he had taken the book to complete the
work, and on a search being made at his lodging the fist
volume, which he had previously stolen, was found.
The yainfr; man is a foreigner, and having passed his exn..
a-
Illination a::; dcelor of me Ticino, hill come to Paris to ir,
Peeve hirasi:li in his profession.

A letter from Naples of the 14th says :---
"Vesuvius has become covered with snow, and note
presents the appearanea of a sugar loaf. It is a cone
quite White from the summit to the base. We have also a
wind so cold that it nips the face, and anyone might fancy
himself at the foot of Mount Viso, in the midst of the snows
of the Alps."
No Roam complete without a WILCOX AND Gums'
,stwiNG.mAcanNE. Simple, compact, efficient, durable, and
,noiseless. Warranted to 1011 ail the requirements -of a
perfect family machine. Frospeatus free on application at
No. 135, Regent-street, W.—[ADVT.]