The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-27

would be ielt by any one Although have said, Gentle
that the casual spectator, attracted by curl
osty would probably be treated mercifuy yet certain
y no such plea be offered by the prisoners if the evil
of Lys seconds There can be no doubt therefore of
his aiding and abeng the fight because the very object
and purp se Of his presence was to attend upon his man
to enable him to fight the battleto prepare him after
every round to commence the next-to assist and
aid him in conquering his opponent and in gaining the
know what is. Neither can there be any doubt Of the
guilt of McCoy's seconds, and their guilt may be of
higher order But the fact that they guilty cannot
and ought not to affect McCleesters in any way
whatever Now, gentlemen, If these principles be
applied to the then the next thing you have do
to examine the evider CO. shall max relative
to the degree Of evidence to be attached any of the
witnesses You will decide upon that WHAT'S the evidence
nth respect to Sullivan He went up with Lilly to the
early in the morning There is evidence his acting
in what capacity it is immateria-in behalf of Lilly by
sponging him With water. Mr. Colder saw him do so
latter gentleman was engaged in taking his notes
IN the intervals between the rounds But Sui.
li-an also directed the manner in which Lilly
SHOULD put IN his blows He told Lilly that a. the
old spot was getting dry )" to hit him on the old SPOT,
ne whispered to Liy.spoke of him as his Now is
all this to be believed What you do not believe reject
But you believe this then the fact OF his aiding and
abetting there cannot be the shadow of doubt. Well
then he excused by his saying the close of the fight
that he would have nothing farther 10 do with il? 1bs
seems, was after il was apparent that Lilly would WIN
iit was when it was apparent that McCoys life was in
danger what are to think of Sullivan Tor NOT
the fight But that not be expected from him
He had said that the fight lost he would lose ali
so deeply interested he in the result But is also
in evidence thatafter all sullivan warmly com
mended Lilly Tor the manner in which he had fought
that he thought he would have whipped his Antagonist in
bali the time butnevertheess that he had done very well
McCleester was as have stated Lilly, second He re
NAMED during the whole fight With regard to Kensett
he stands somewhat differently from the other two II
seems that he is one of those persons no teach
lie was present at the fight and hsd previously had Nc
GOV in training. He was bottleho6er He aided them
vas present during the whole time and probably ac
quan'ed with the state of all the facts before him. The
court have no other observations to make you gentle
men, III regard to the evidence II has been urged that
ms hard case against the prisonersthat they ought
not 70 DE convicted oil this offence because others have
een punished for like offence If this plea good
these defendants, will be much better Tor the next
brorght up for prize fight in the county OF
Wstchester II these be acquitted, who be convicted
Can they he acquitted the ground thst N,
law has not been hereofore7 is said that the Lee
laure may enact some law making prize hgting
In all probability such application made, IL
would be refused the ground that the law ALREADY
sufficient And, if under any circums snces the Lees
ure should be induced to pass any law prevent prize
lighting in Westcheser, certainly could be on the
ground that the law is not abundanty adequate for