The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-28
Trial OF Thomas Ayer.
BALTIMORE, March q, l849.

Tom HyeT, the renowned champion OF Duck
Point, returned to Baltimore on Saturday evening,
from another victorious battle field in Kent county,
where he encountered, single-handed, the offended
majesty OF the State OF Maryland. The ring was
well attended, and the people most enthusiastic in
favor OF Hyer; but the State demanded q trophy
OF victory, and the jury, knowing that the court
would be moderate in It's lnfilcuOn, returned a
verdict OF guilty, and then stood ready to pay out
OF their swn pockets the fine that was imposed
aPen him. The court sentenced him to pay fine
OF SEQ and costs, making In all about 81 900; and
# Me-. Hyer would have allowed his friends in
Kent county to have acted as they desired, the
over in ten minutes to the officers of the State.
He, however, positively declined any such inter-
ference, and promptly paid the fine, and was dis
charged from custody, amidst the most enthusiasts
tic demonstrations OF the pOpuace.
On leaving Chestertown, he was followed to the
boat by large concourse OF citizens, and crested
with every demonstration OF personal respect.
The Baltimore S~~ gives the following account
A day or two previous to the appointed event, Mr..
gentleman who is moving With an easy step towards .
successful and eminent career arrived in Chesertown
the prose cution He happened to pass to the court
houss before Hyer had been pointed out; and the
satsd crowd anxious for hero, fastened their eyes
upon him. and the universal cry was, there goes Tom
Hyer Next Captain Clifford appeared and the mighty
public 1T once discovered their error, and made dead
ret upon the high constable who received tho honors
of cheer with becoming modesty and hearty laugh.
Presently Cesar himself appeared; there was no mis-.
take now; the flowing locks, trimmed to the short
warrior oEt,' made assurance doubly sure aud then
and there" broke forth one mighty roar-you didn't
hear 1t In Baltimore suppose; II you had you would
Well, the Indictment was duly framed, and true
bill for assault and battery nuounced by the
trial. But what Wed nssdsy it was. Hyer had room
not far from court and kept open house. and sucn
and glove with the man that whipJ Suliivan"-let
hope Chestertown will not again The place
was crowded and there only prevailing enthu-
sissw, and the theme was Tom Hyer. One fellow who
had been imbibing at somebody's expenss-he wasn't
particular wboss, was paying out large III can whip
Y :an% sui SuIsn a,sS my self Yes
any man 'cept Thomas Hysr-I could. He's gentle-
man, by thunder. and wouldn't (hic) wouldn't
And Wednesday passed like an Elysian dream to the
derizens Of Chenertown, and Thursday morning the
Constable appeared the traverssr the traverser
appeared to crowd for himself and his appearance
= as hailed with cheer or two.
The evidence In the has been already partly
laid before your readers as have observed by former
reports. The new evidence was as to the fight. This
may be made tpecAc and the main facts ELECTED by the
prosecution distinctly stated without repetition Of the
evidence.
ing fight in the vicinity, was that large crowd Of
persons coming up from the water, and the first
Impression to have been that q steamboat had
first arrived The With his party Of course
he represe nted to have acted in bullying and in
,0sns msp nm ordering room to 30 70.
county and you may rest satisfied that the testimony
was "down upon HIM. Soon afterwards "Alistsr
Hyer along, and ssked II he could be provided
with room, for which he was willing to pay otraly
he inquired there were any ladies In the house
were hsey to BE- slaImed and SO, he you'd leave it
mouth who was smoking in the room, and rebuked any
body that uttered an oath, and did sundry other
siderate things, too numerous to mention In the
meantime ring had been prepared, and the parties
called to the fight. In to the prosecution
was stated that Mr. Hysr did not walk into the ring
he was carried In. He seemed to 60 Voluntarily He
did not object He was in his lighting dress. He
naked to the waist he wore pair Of bresches,
long stockings and ankle shoes Baskets with bottles
were brought into the ring; didn't know what in
them, whether it was brandy whiskey, water When
Hyer and Sullivan met In The ring, they just touched
hands and sprang into position.
A question TO the first blow was raised, but this
was disposed of before the court sud jury Of NO
ment. The Witnesses testified that the contestants
committed upon each other violent assault and bat
tsry that Hyer repeatedly knocked Sullivan down. and
that finally Sullivan could fight NO longer.
The defence presented to the long provoca-
tion Hyers good character and Suliivan's bad one;
and you may be convinced that the latter was bad
ough last week at Chestertown IL well he didn't
touch there ON his way to California
The case opened before the jury by Mr. Young,
who maintained that the offence had clearly
tabshsd beyond the possibility Of doubt. He took the
b Dad pnc,ple of the common law and applied it to
the case ut bar and quoted various authorities and de-
PLAIN and clear to the comprehension OF q child, aud
to the character Of which there could bs he
station with any intelligent and uppreudioed mind
He was followed by Mr Constable, who dwelt upoa
the maniness Of the art Of self defence; extoed pu
glism, o. calculated to Improve the breed OF men,
did the breed Of horses rdculed Baltimore for
ndlpg Q regime Mt of soldiers down to arrest two
yell allowed that 1t well they might, one
of those could whip hose who coudns
stand fire in the last war; magnined Kent county for
the glorious battle Of Hog or Freq Pond and finally
ret up his client IS hero, who had, BY wearing
G,xII;
ed another triumph for the stripes and that glo
rioue ban which hal recently been borne in yo-
tory at Pso Alto, Monterey and the city Of Mexico
II Kent county couldn't be won by eu,h al srgu-
ment, Messrs Editors, what could deluds them Byron
fays-ths lie glory, to be killed in battle and have
your name spelled wrong ia the Gazette But here Is
newer glery-the triumph OF the American flag at Q
prize fight
Mr.. Psarce concluded for the defence, and in tho
Tight by the ancient wager OF battle for the
OF disputes, by single combat under tse common Law
and he best the case admitted Of. Hs assumed oai
argued that the affair was an "amicable oontes and
a. such was not TO be regarded assault and bat
terry Of the character Of misdemoaner.
You will be surprised to learn that the gentlemen
for the defence, especially Mr. Constable, we're fee.
quently eheored and applauded by the crowd The
such thing as keeping it under.
Mr. Wickes closed for the prosecution, ably main.
tanning the case upon the general gcound presenting
It a. an aggravated assault outrage against the de-.
ceneies and prophecies Of life hottie to good manners
SUI W Inc peaOeJ tne moTaB ana the well
fare Of society.
Tn. court, Judges Hopper and Ecceson on the
bsncb charged the jury to the purpor that the case
The jury retired and after absence of about ave
minutes. reformed with q verdict OF guilty.
The court imposed fine of 500, with costs, which
carried the amount up TO nearly 81 600 did not
ASCERTAIN whether the fine paid. the traverser
rsss,sd from the custody Of the sheriff on security
Thus yeu see the jury, though good Ind trus Hyer,
men in feeling and intercourse knsw how to he faith
fn to the law, though marvsiIousy inclined to the
rPort think the fne will spoil sport in Maryland for
season, though am satisfied Kent county will be
jesous, II other should be selected by cham
pions for pugliistic fame -Baltimors Swn.
The APPOINTMENT OF Mr.. KELLoaG.-The IL
ba~y Express, OF the 2ith inst, seeaking of the
appointment OF Mr.. Kellogg as Marshal of the
Northern district of New York, says.-
MIR. Fillmore and Mr. Seward agreed to meet Ut the
Secretary Of states office at p NJ certain day,
and to mite upon Of the candidates for the office
of Marshal which candidate Mr.. Clayton promised to
reccmme nd to General Taylor for nomination. Al IL
o'cleck NJ on the day fixed, Mr. Fillmore being in the