The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-24

such fight. ali persons present were guilty OF man.
slaughter whether they took an active part or not
II was there proved that prisoner dld not ac' az
| second, nor say aught to encourage the hight, yet
| the Jury brought in a verdict OF guilty OF man
slaughter. Mr. Nelson then alluded to the points OF
the statute of the State fearing upon the case, and
conc uded al one O'Clock, when the Court TOOK
| recess till two O'Clock, z. NJ
| We have lust received the Herald of this morn
ing, aad by it perceive that Ned Spragne has had
| the impudent assurance TO tell you that he had no
set-to with Sullivan while IN the cell with him
| The information | first received from friend OF
>prague while in New York, and since my arrival
here it has been confirmed by the keeper OF the PR.
son, Sullivan himself, and McCleester, who in
| the same room with them Ii is true in every par
tcuar, but was not published to operate in any way
| against Sprague. He is cowardly rufian, and as
| such for his cowardy assault me while my back
towards him, will punish him to the extent of
| the law He has told you wiltu lie, which only
adds to his previous mlsdeed. had 40 disposition
TO niure him, although have always considered
| him perfect blowing bully, with none of the
| deemng points found even among fighting men,"
| At the opening OF the court Judge RuGGIEs stated
that the petit jurors not empannelled In this cause
were discharged for the day, and he also requested
that there fourteen other persons indicted
for similar offence to that committed by the prl-
tral, he hoped that they would not be pre-
sent In court during the examination OF witnesses In
this cause
Order being restored, and that of the most perfect
kind, the District Attorney called
JAsPAR J. GOLDEN, who deposed follows:-I
reside at DObb's Ferry; am of the magistrates
OF this county and was in September last was at
an assembage OF persons in the town OF Greenburgh
IN this county on the 18th OF September last was
then In the capacity of school teacher of the Has
tlngs school district, and at The time my way
to the school, learned AT Hastings about o'clock
in the morning that prize fight was to take place
this is the first notice had then instead of going
to my school, considered il my duty magistrate,
to go and try TO prevent II then went to the wharf
IN nal ~f LAT hot
was In the store near the water and Of our
citizens, where the prize fighters were was an
swered by one, "You are too late, it is all over, they
gone | replied would 20 and see if they were
gone; the place was about mile below; proceeded
toward the place where the fight was TO come off,
In company with William Dykeman; on our way
we met some eight to twelve men, who appeared
10 be returning towards the village of Hastings
one OF. the company named Michael Sawler
asked him If the fight had taken place. or If there
was tight to take place he replied that it had not
taken place, but that il would al II O'Clock in
sequence of such information | passed a short
distance, left the aqueduct and went to rally the
people to assist me TO stop the fight during which
went about two miles from the place where the
hight was TO be, to tht mill near the road in the
adjoining town OF Yonkers ! requested all the CT.
teens that saw to come and assist me to stop the
fight returned TO the place as soon as could
The place is small plot of table land that lies be-
tween the beach of the Hudson and the Croton ac-
queduct, containing about two acres, and belonging
to Samuel Fleet, in the town of Greenbush and
mile below the village of Hastings; this is the
place where the battle was fought when
arrived there, about eleven O'clock l think,
there was from six to eight hundred persons
on the ground. l ring formed, made of
rope and posts-the centre ring was about "a feet
square-and around it large circular ring sur
roundng the whole about 80 feet from the ropes of
inner ring-l conversed with some OF our citi-
ems, whom | had requested to come there to assist
me to stop the hsht,and they declined TO interfere
found | could get no assistance at this time. and
then concluded to do my duty far as it was in my
power then went down towards the people about
the ring and spoke to a man they said was Sulli.
van / asked him if that was his name-he turned
from me land said either "I can't talk to YOU RI
have not time; pursued him few steps and told
hum : must speak to me, as was magistrate-he
then said he asked my pardon, and said he did not
know that was magistrate think asked him
then if he was concerned in the fight that vas to
take place. He replied that he had nothing to do
with it then told him that should 80 to the ring
and try and stop it, and asked him if my person
think that would be injured shortly after this the
men made their appearance in the ring-the fighters
and a number of others; attempted to make my
way to the inner ring. This conversation with Sui
attempted to pass to the inner ring was refused
admission by the persons about it, who said that
person should pass in informed them was ma
gisrate and required them to let pass-they then
gave way and passed in. l went up to the fight
ing rlng-at one corner were Sullivan, McCeester
and Lilly, also number of others !;
Lilly and one or two others; Sullivan was on
the outside of the fighting ring at this time !;
there were a large number Of people seated on
the grass about the inner ring; number APP
peared to be in the capacity OF constables, and had
sticks in their hands; the active persons that mean
were Lilly, McCleester and Ford on the opposite
corner, understood the fighting man TO be Thomas
Mccoy there were about the same number in that
corner James Sanford and Henry Shanfroid, al.
so understood, TO be the names of The two seconds
VINO stood in McCoy's corner did not know them
by name or sight number OF these men with sticks
were In anu about the ring | should suppose there
were many as eight ten the persons between
the two rings were seated and lying down / ad-
dressed myself while at the corner of the ring to Sui
Ivan, McCleester and Lilly, and while there, one or
two persons came across from the other corner while
| was speaking told them that was magistrate,
and commanded them, in the name of the people OF
the State OF New York, to d. sst from their intended
purpose, and to disperse at this time the people be-
tween the two rings, near by where was standing,
set up great shout as suppose, to prevent me from
being heard. ] would correct thing that have
said or forgotten; at the time commenced speak
ing TO them regards their dessting, Sullivan said
that this was magistrate, some one inside OF the
ring who came from the other corner, said that
had better leave the ring this was not In reply to
what Sullivan said some one said they should go
on and take the responsibility the person that SAID
this had umbrella in his hand commanded
them at the peril of the law to deslst and disperse !;
spoke this loud tone and the persons the grass
Immediately set up Shout the person who said they
would take the responsibility, spoke loud-at this
time citizen Of our town, named Simeon Sanford,
came into the rlng and said had better leave the
ring, as was in danger. There cries of " Hus-
tie him out, kick him out" as heard, which came
from the persons the outer side of the outer rings
did not think 1t safe or expedieBt for me to
stay any longer in the ring, as had done all that
was in nv power to do; then left the ring with Mr.
Simeon Sanford, and resumed my former position
on the top of the aqueduct; this was about three
hundred feet from the centre ring; the aqueduct is
elevated forty feet above the ground at the ring;
then thought would leave The ground but on re.
Election came to the conclusion that it was my
duty to remain there and witness what could for
the purpose of becoming public prosecuor,in order
to bring the men to justice. | then the fight
commence; the Icombatants were stripped above the
hips, and naked above the waist: they were in this