The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-30
rBY EXPRESS.1
Postponement OF the Prize Fight Trials.
WHITE PLAINS, Tuesday, PM.


WHITE PLAINS, Tuesday, PM
JAMES G. BENNETT, ESQ
AT the opening of the Court of Oyer and Ter
miner this morning, SALEM BUTCHER, Esq, counsel
for DR. caldwell, presented the following affidavit
to the Court
WEsrcHEsrER OYER AND TERMISER.-Hugh CauidpeH
tmp!eaded, &c ads the Observation-Disclosures County, IS.
Hugh Caldwell, the above named defendant, being
duly sworn deposes and says that he has BEEN and now
is, indicted for mansaughter of having been
present at Hastings. in Wescheser County, at prize
fight, wherein Thomas Mccoy, was killed as is al
eged that this deponent has fully and fairly stated this
case TO Salem butcher, OF the city of New York.
seor at law and deponens counselor in this cause
that he hasa good and substantial defence therein the
merits as he advised by his said COUNSEL and verify be-
lieves to be true
and fairly stated to his said counsel the facts and crcum
stances he expects to by James Sanford and Henry
Shanirod, Patrick MCGUIRE, and James Campbell wit
for this deponen in this cause and that the said
James Sanford and Henry shanfroid Patrick MCGUIRE,
than, is material and necessary witness for this
deponent on the trial Of this cause, he is
be true and that without the testimony each and every
OF said witnesses, he cannot safely proceed to the trial
of this he also advised by his said counsel and
"Ani this deponent further says that the said
Sanford and Henry shanfroid and jones Campbell
side the city New York and the said Patrick Mcclure
in Brooklyn that all OF them present the time
the fight which resulted in the death of the said Thomas
Mccoy and were particularly acquainted with all this
dcponent said and did that OCCASION and the and
reasons which influenced the conduct Of this deponent
therein.
"And this deponent further says that he has made dill
gent search and inquiry for the said James Sanford and
Henry shanfroid Patrick MCGUIRE and James Campbell
since this deponent apprzed of the indictment
against him. but has been unable find either of them
that he has been informed and believes to be true that
they Of them, is lately in the city Of
Baltimore in the State of Maryland in other part
of the country not accessible to deponent AMI
othem Patrick Mcclure has gone to Canada and that
relied upon to take place within few weeks from the
present time.
And this deponent further says that he is regularly
licensed practising physician in the city OF New York,
and mas under his and direction number Of persons
OF both sick with various diseases and whom his
absence might be great damagetha he the head Of
family and that absence from home excepting for
very short period time would be highly detrimental to
him.
And this deponen further says that his presence the
place of said fight when took place, not procured
effected by arrangement design behalf of said
Mccoy his seconds any other person. that deponent
there idle and Indifferent spectator, and not
in his professional capacity and that whatever services
deponent rendered in his professional capacity who'll
ly unexpected and unlocked for by him, and
pressing entreaties of the said Mccoy and his frend.
that deponent did all in his power alleviate the suffer
ngs and save the life Of the said Mccoy, and had
anticipate fatal issue to the combat in which he
then engaged until it too late to him, and
that deponent had good to apprehend serious
sona injury had he refused to DO what was required Of
him.
"And this deponent further says that he ives way
interested in getting up the said fight and that he had
terest whatever in any kind in the result that he
made BETS and took active part therein tn he had
to apprehend fatal issue Of the combat, and
did not 70 the last moment suppose believe that the
life Of Thomas Mccoy at all in danger and that after
became evident to this deponent that Mccoy could not
win the fight he did all in his power to prevent conn'
and seriously and earnestly endeavored per-
suade the friends and hackers of Mccoy to take him away
the backer of Mccoy and the party most largely interest
ed in the result thereof at silenced deponent and
did not would not allow dponent further to interfere
H CALDWELL.
Sworn before me, this 10Th OF Nov, 1912,
CHARLES Fl. RUGGLE s, Circuit Judge.
Mr. BUTCHER in few remarks to the court, in re-
ply the District Attorney, sustained the position
of the affidavit, when
Judge RuGGIEs stated that he thought there was
no reason TO apprehend that either Sanford or SHAN
frod, whose introduced in the affidavit
material witnesses, would appear in Westminster
county unless brought here by the strong arm of the
law, and that their participation in the prize fight
was such that If they were indicted for murder, and
it was proved that they had urged and melted Nc
Coy forward, it would prove to be serious affair
He thought, however, that the presence OF Mcclure
sufficient to allow his pass to the next Court
OF Oyer and Termlner, and it was SO ordered. He
was then admitted to bail in the sum of $4,000,
which was Immediately entered.
Mr.. BUTCHER then stated that counsel for ia
cob Somerlndyke and Charles Riley, also indicted
for the same offence, he was ready 10 proceed to
trial at once.
District Attorney NELSON replied that unless all
the defendants were ready, he thought 1t not best
to proceed with the trial Of any one or two, and he
would therefore throw out an intimation that it
would be advisable that a special Court OF Oyer
and Terniner should be held for the trial of all
these causes between the present and ensuing term
TO be held at White Plains in April next.
Counsellor VooRIs stated that he understood an
application would also be made for an extra session
OF the Circuit Court, In order to try the water cases
against the Corporation OF New York, arising from
damages received by persons in this county by the
freshet in the Croton in January 1910.
Rrr.c LES ed hat n mo- in he
power of the Circuit Judge TO order extra session
of the Circuit, although he could of the Oyer and
Terminer.
Counsellor ToMpKINs stated thet he understood it
was the intention to apply to the Legislature early
in lis session for special enactment, authorizing
session of the Circuit Court for the trial of
the water cases.
Judge RueeLEs said that if the District Attorney
felt disposed TO frame new indictments against the
prize fight parties for mansaughter in the fourth de-
gree, they could be tried at the General Sessions.
Counsellor LYON said that the defendants did not
desire any change in the place of trial. and that hs,
| as counsel for Joseph Murphy, was about to make
application for the pos'ponement OF his 10 the
next Oyer and Terminer, and also that he would
the same disposition would be made of his
Before the closing of the Court, Mr.. Lyon present.
cd the affidavit of Joseph Murphy, asking for post
ponement of his trial to the next term of the Court
OF Oyer and Termner, on account OF the absence
OF material witnesses, and made similar appIica-
ton on the behalf Of John Winchester, now in prl-
| son, who expects TO be baled out
DAVID GRAHAM, Esq made the same application
in the of John Harris, and the District Attor-
ney said that he should not oppose any application
forPostponement under existing circumstances.
| The Court therefore ordered that all the prize
fight should pass over, and intimated that en-
| extra session of the Oyer and Terminer would pro-
| badly be held in February next.
Sullivan, McCleester, and Kensett will probably
be sentenced on Saturday, when will Immediately
send the result by express. The impression is that
| the recommendation to mercy made by the jury in
rendering their verdict, will operate on the minds of
the Court sufficiently strong to prevent either of the
parties from being sent 10 Sing Sing. The jurors
themselves assert that this the spirit of their
commendation, and several now say that they would
not have returned verdict Of guilty had they sup