The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-26

10 assert mat these prisoners could De
vlcted under the crime alleged against them. He CT
ted the enactments OF the Legislature legalizing
horse racing, and asked II the rider Of Boston
Fashion had been killed In the recent race, would il
not be Just reasonable to indct the whole fifty
thousand then present for manslaughter, If two
men had stepped in front of the concourse for trial
OF skill, and one had struck the other nous blow
that caused death, the whole present would be
Just as guilty OF crime the men here under trial
| lie contended strongly that there intent
on the part OF these prisoners TO the death OF
Mccoy therefore IN the eye OF the law, not having
been The immediate cause OF his death they could
not be convicted OF the crime and after audlng TO
the testimony TO be offered by defence he closed.
| EVIDENCE FOR DEFENCE.
EDWARD CARPENTER who was the first witness call
ed for defence, deposed follows IL now re side in
| New York, but have been in Albany ] was at the
hight at Hastings; went up on the Indiana; Nc
Chester tend I'd the bar on board going up we ar
| rived there about ii o'clock | did not think that
Mccoy would be beat before the last enty rounds
| he came up very firm and very stubborn | think
heard hum tell Shaniroid about lo4,h round, that he
could wlnyet saw no particular difference between
this fight and fights have seen in England one of
the rules OF the fight is not to strike below the belt
and it is foul if either strikes while the other is
down II is not foul 10 pull hair OUT the hair is
cut very Short there is no chance to get hold of it
II is the duty OF the seconds TO Judge of the foul
blows, If any are given the Judges are then to de-
eide; lsaw Mr. Somerndyke act of the judges,
believe, and believe Mr. De Forest was umpire
did no, see any foul blows; some of the rounds
may have lasted one minute or two minutes; some
struck the bottle holder generally stands outside Of
the ring; towards the last round Mccoy said here,
Doctor, lance my eyes" which the Doctor did he
came up pretty stuff, but not so strong before
did not think that he would die then, but thought
he would lose the fight about the 80 round heard
Sullivan say about the S0th Goth round, stake
him away he is licked if had anything to do with
1t, I'd take him away !" he was standing near Lillys
corner; ! heard McCleester say to Jim Sanford
"'why don't you, take him away;"' Sanford said
"you go to hell" or you may get hcked too - !
heard McCIeester say this several times, also heard
Sullivan say take him away" number Of times
the seconds OF each man renamed In their own cor
| opposite man l heard Sullivan say " it's dam'd
shame, take him away" heard McCoy's seconds
say to this, that he could fight an hour longer and
| whip him yet ; think heard McCleester say that
Mccoy could not fight ten minutes longer never
saw Kensett in my life before saw him here was
at various parts of the ring during the fight was
friendly to Mccoy but was often at Lilly's corner;
was more at his corner than at McCoy's; did not
know McCoy's brother, William, until saw him at
the fight he was little BIT raised and spIteu and
in my opinion do not think he was sober he hada
basket and pushed out of the ring because he
drunk he not sober when he came on board
OF the steamboat; he was reung about the ring
he was drunk on board of the boat when were
washing his brother; McCleester waded into the
water up to his waist TO put the body OF Mccoy on
board OF the small boat and then ran across the
rocks to the steamboat, and carried his body into
the room, where washed II with pitcher Ut water
held his body In my hands IN the carriage and
took him home there brandy in the room
where we washed the body, and Bill Mccoy drank
some of it.
Cross-eranaed by ATTORNEY GENERAL Il first
knew Mccoy at Albany about a month before the
fight; he was training there for the fight did not
speak to McCleeser while going up the river Nc
Chester leading bar on the deck Of the boat;
/ saw Sullivan go to Lly's corner twenty thirty
times during the fight do not think he went there
towards the latter part OF the fight; Sullivan SUBJ
p1naed me witness II is the practice at these
fights generally, for the mob and seconds both TO say
this man or that man is licked; think this is all
right, and if l was your second I'd do as well as
ATTORNEY GENERAL.-When want you to back
me, I'll send for you.
WITNESS McCleester said to Ford, "l think
| this will be a bad scrape; )" he also said to Lilly,
don't hit him any more, he'll lick himself" II
McCleeser had left the ring, the friends of Lilly
| would have given him some sure ; he would have
| got beating.
| Odd you IN the course of that ARRAY hear
Sullivan or McCleester advise Lilly to give up
whipped, and leave the ring A.-No, did not.
| Odd McCeester continue nj that corner OF the
ring until the fight closed? Ale laid down al the
corner Of the ring while the round was going on;
when Lilly fell down OF course he picked him up;
sometimes Lilly would go back part OF the way OF
his on Accord did not speak to Sullivan at the
fight, nor do not know that he bet any money;
should not speak to him now were he not here as
| he is; saw William Mccoy drink twice on the
| ground during the fight; know he was drunk; he
| said going home, "1om, you're a good boy, and
he threatened TO be revenged of Sullivan, and such
Q.-Why do you think he was drunk on the
ground! Ale may have drank eight or ten
| timer on the ground on the sly; he was jawing and
talking the whole time; the jury must take it, as
think, he took horn; do know what he drank;
it must be about halt gill; drank once with Man
Kelly and once by myself from the time went
| board the boat / think drank three times; saw
William drink once on board the boat was per
fectly SOBER | drank about five times during the
| day; William Mccoy would pat his dead brother on
the cheek while in the carriage; he did not know
| me after had dressed and washed lsbrother
with him; the other day here, was going down on
| the bank, met Mccoy, and told him that | was
| the man, and he did not know me; Nanny Kelly,
| for the American Shipping Line at New York;
was in New York last week, but had nothing to do.
nor the week before that; am runner for passen-
| gers-you know what that u.s.
| BY GRAHAM.-I saw Mccoy set-to with fellow
| named Carney at Albany at Otignon's exhibition.
1t being o'clock, the Court adjourned to 2 for
dinner.
2o'cLocK, P. M.
At the opening of the Court the District
Attorney called The name of Edmund Spraeg,
who has been indicted for mansaught er
prize fight when Mccoy killed. called.
and not appearing, his recognzance in the sum OF
house at l7s Walker street. declared forfeited, and
ordered TO be Immediately prosecuted. The police
officers who assisted Spague to escape had better
now try to relieve this woman from her bonds
JonN TEELE called and sworn. ! was present at
this fight spoken Of did not go up in steamboat
About the s5h round thought the day against
Mccoy; the chances were about equal up to that
time he up well and saunch, and did not
appear want any assistance. stood on the side
OF the Croton Aqueduct mostly was not near
enough to hear what was said unless il was spoken
loud. Twas about 200 feet from the square ring. /
was near enough to every blow and every fall.
have understood that blows below the belt were
foul saw one blow that ] considered foul this
was a; the centre OF the body just below the belt.
Lilly gave this blow. ! did not see either of the
parties use his knee in the fall There was dispute
about this foul blow; the Judges decide which is
foul blow; there are two generally selected, and
if they disagree, the matter is referred to one
lected as an umpire. In case decision is made of
foul blows" the money is declared forfeited ]
heard Sullivan make request at the 95th round of