The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-31

y -
$50 par, Of shs charge wa.ss zee assss an ssssnm.
\: ;ss :s.s :. ,, s.:ssA ss =
- is sssss az a. s, :s ssis ssss's,. s
4. I, sss e - sss; !. ss:s
q he ecGsassis ss.%s ~ ,s y ses n he eye
he law; na. "a: S,srsps where men fought Sssr =
Sssa ~hes tnsr blood vac ~ 3 70 more shsa
no .n.s,s, m, she rssd Jury would observe .sss
.1ta tho aghs pos for nonsy a. e,sna Jurv
- fa natter ssssre sSs persons engaged IN ps rSt
aso osarcea w,n ,no assault, and w0ad be SUM-
Cont 70 Ey toe srana s ~ ne, we're sassnsd .nss
shs partcipa.on way as a,defs and anestors ~
nc psh. vas ceary prSysa: mouia 90 - - wei,
aIs lordsnp con,iuuedHayng TINS 80 far called your
ssfe fev remsrss upon the subject OF prize dg6,ing
sef eecause oil know that prize fighting nososi-
soarce 81 the dsepest regret 70 eli enlightened and wen
thinking mlnde 10 this Christian DO obliged 10
knos toa. me dsgraceial practice Of prize hghtng
Ion and position IL sOOieiy i might wen pc
press Il lar more than Tho ordinary portion Of me
public would wac 70 be regretted that there
tor which made people almost forge. Thai prizs ngnng
wae not nyeoptrary 70 She law OF the land pu was
;ns and srr.sap @ocsrISe Cannon help sxDress,nr
hope that public opinion viii take proper turn with
rogard 70 this SD state Of thiuse and that ke many
other ancient and evil practices, prize fighting, with s
copoo ans evils, WIN 70 exist IN this Christian
lsni and become thing Of tho past
retired, ard the crowds OF persons that tlIonged
the court and its environs waited In anxious
SONS. Il was. however, haltpast four when the
jury returned uue bill against all the parties
King, John Camel Keenan,, John Calvin Noon alias Jerry
Noon; John Macdonald, James Mace, John Tyler Alias
Boss Tyler; Thomas Savers and Robert Iravsfs may
been written sCermei' but that 10 not correct. as
should be Camel and Heensn himself especially a
reted the notice OF The magistrates a. Wadhurst 10 the
circumstance.
a. SIX O'Clock Mr. Edward Bcsley begged permission
90 mention "a the noble chairman that he had nst re-
ceived pref defend some Of the defendants who
we're ont bail for taking part in an alleged
on the 10th Of December last. As not only would
several questions OF fact but also Of law arise, he
took leave ask the noble chairman and the Bench 10
allow the stand till the Quarter Sessions,
n he Mr Resley) might have an opportunity
breach Of the peace and whether prize 6ght was
really 90 or not Az counsel mo had not the OPPORTUNITY
ITEM they Seen Sysape and Justice 10
the persons charged and out Of courtesy 10 him.
self quite Junior at the bar Of the Bench Of Quarter
Sessions before the noble lord the justices, he (Nr
Besey) hoped his application for the postponemeut OF the
hearing until the next Quarter Sessions would be acceded
Mr. Roupsl said that having been instructed with Mr..
wlougbby 70 prosecute he felt bound 70 oppose the ap
eman who had just addressed the Bench certainly
sufficient grounds had been urged for postponement
Ample books coud be procured II the learned counsel
wanted refer them, besides which Mr. Besley only
represented three four Of eight defendants
would be the trouSe expense and difficulty OF trying the
case twice over He (Mr Roupel), the part OF the
ZEN oVun n,r 70 f resss me
that Heenan and sayers bad gone TO Brighton by the
quarter past Eve train under the impression that the
would and the noble chairman said that under
such circumstances all the defendants repre-
sented the Bench could not dispose Of the application for
postponement and the matter must therefore. be ad
journed Till tomorrow ithis) morning.
THE TRIAL POsTPoNED-Row THE cEIEBRrrIBs Dis.
POSED OF THEMSELVES afterwards:
At the Quarter Sessions this day. be ore the Earl OF
Chichester and full bench OF magistrates the
the prize fighters committed by the bench OF magistrates
wadhurst ssain came before the Court, the bench Of
an application made yesterday BY r Edward Bssieyp
Thomas King. John Camel Heenan, Thomas sayers.
John Tyler alias Boss John Calvin Noon alias Jerry
Noon, John Macdonald. Mace, Robert Travers
were called upon TO answer an Indictment for rotousy
number 1--WE hundred aud more to disturb the public
peace ana riotousiy asssutng and beating the said
the 10Th Of december, 1868"
Mr.. Roure and Nj willoughby, instructed BY Messrs
OF magistrates conducted The prosecution Mr. Edward
seslsy instructed 6y Mr. y 9. Lsngnam, Of uckaeld,
Macs and ohn T NOON aas jerry
Mr.. Besley begged leave before the defendants were
called upon 10 surrender TO renew the application he had
made 10 the bench the previous evening. That app
cation had been for postponemebt Of the trial or those
defendants for whom he appeared and his ordship aud
the bench had deferred dealing with IN consequence Of
the absence OF some Of the other defendants he under
stood that those parties were present before the
bench and able therefore, for themselves
He did not know that il necessary for him TO
peat anything that he said the previous day, but
would press upon the attention OF bench the fact Of
the DISPOSITIONS having been signed at such recent date,
and The prosecution being At the instance Of OF the
magistrates OF the county Of Sussex. The acposi
tons had taken the 22d OF December. snc he
thought he ought put the bench possession OF the
fact that from that time up almost the last moment
indeed up Monday afternoon the parties were ali rep
resented by the solicitor, Mr. Thomas Beard Of
Bassnghall street London but owing to some disagree
ent amongst defendants themselves as to The fnooe
OF arrangement o.. the issue OF the writ or cerorari
that gentleman no longer King and three Of
The other deendsnts who had since thew had been in
Lewes employed Mr. Iangham, solicitor At Ucs1ed,
who now represented them, and had instructed him
The Chairman-Who do you appear for. Mr. Besley,
because al present the bench 40 hear OF any
cept the defendant Kinss
James Mace John Calvin Noon and John Tyler He FELT
that his iordshp and the bench would forgive him
might well have objection being tried ia the county
Of Sussex especially when they knew that the prosec
very bench that would have to try them, and who was
himself principal witness against then He thought
Justice shoe Tor the removal OF the place Of trial ana
with submission he presumed that his lordship and those
who sat around him would rather prefer such course
being taken they cons dered II consistent with their
duty.
The Chairman made gesture OF dissent.
Mr. Besey, continuing observed that he did not know
whether the writ OF certiorar would be granted mas
much the recognzances had not been entered nto
Mr. Justice hee mad ntimnted that II world granted
upon the usual conditions. On his behalf. he begged
70 urge on the bench that Il only on the previous
day late in the afternoon that he received his BRIEF
he felt that be should not be doing justice the
going into Il al present He therefore asked the msgs
trales 70 exercise the Discretionary power vested them
and postpone he trial lii the next sessions Beyond that
which he bad already stated be would press upon their
attention the diculiy he felt taking mp such On i'm
porsnt and he had had really The necessary
time to examine thoroughly The form Of the indictment
the legal effect II might have upon his clients he
therefore respectfully asked for postponement
Mr.. Roupe hardly thought II necessary 10 say any.
thing, but felt bound notice that the grounds upon
which the application for q postponement had been
based, the previous evening" essentially different
from those Just urged by Mr.. Besley Primarily, post
ponemen had been urged personal grounds which he
would, Of course, al once have acceded TO; but bis
learned friend had put onward Q that
fair trial could not al least inferred that could not