The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-08-09
The Law Of Prize.Fights.

The statutes agair>: prize.f:.:.;-
passed In l>yi and ISIS in hi. stat.
was not necessary in O:ler t. luaSc
such fights criminal. fer at co,,,n.en
law alth"u. b by Voluntarily ,"kin:
each others blows the con. blatant.
pre,.:u' Z them>clvc. from civil! actions
against one another they are a.,,en.
able for ass ,ult> ut the sui, u: the
Crown and to Indictments for man
slaughter ii either should lie from
the effects O.! the blow, eac.. ha-
agreed to Receive. Oar statute. siu,-
~ Increased the punishment. R..-
sell. who wrote \ treatie> On cri:l.iual
law more than i ICarter OF 4 century
ago. thus summarized the common
law:
There i no iouh: that prizc-fi-ht>
are illegal. indeed just Il. much 81 ~
that persons should 8" out u tixht
with deadly weapons. and it j, moi \,
all material which party STRIKE, tine
nrst blow. and all l'ers..ns WHO e. To-
u priz--;ight to see the cului.x;au;.
strike each other aud who are l.~..n,
when they do sd are iu point o: law
guilty vi assault"
aug "HoAe ~" ~ 10 I'!lLe-iISiItS
has, however. been reviewed u. lately
~ last March ty Lor.i Chie;-Ju.;ice
C"lerid:e and his colleagues. Ju.i.v
Denniar. Hu'l.lle.t"n. Hlani>tv. Haw.
kins, L"pes.. Fitz;a,nes Stephens.
Cave. Moran. Pollock and Matthew.
Each OF these Judges read AN elai,ur.
ate opinion. They dill not agree on
some Of the points involved, hut th.y
all did agree THAT a prize ii Int !.
illegal. ANIL that all per>Ous aj.liu.
aletttng mere I.re>eilce unex,.lain,.i
aftor.iing evidence for I'll. rou.l,l.ra-
ton Of jury "i aiding ar ai,r,tlnv in
u Prlzs'ilyht We're guilty ri .n AS
>auit. AMI :nat the con>el, q; the
persons actually engaged in fighting
10 the Interchange IT blows .ii,; nv:
afford any answer to u criminal arr:
not y civil charge If assault TIM.
case before the Judges was ": "A rin.-
light with fist. fought in June. Isl.
ut the close o! the Ascot Faces. Their.
Was q" evidence that the ti.iIt wa.
for money or reward. but Their. vi.
evidence o! bets aud OF u tiia! nt TN.
durance by the ayreel,Isnt OF liz. con.
te-tant.. vii" We're named EurL.
and Mitchell. The person. accused
l,ei''r- the Judges We're sp.c,.,u. a.:
the fight. and IN considering their
:E'It Il ''t"a'i.e Necessary t. consider
n!l tue circumstances -: the relations
:.e! wer.i rr!ze-tiyLt +. in the r;,,.,.
Tue Judges agreed that "inxiny Wit,
gloves III tn. ordinary way wi,t,u,;,
idea Of punishment" did not involve.
the law q: assault. but Justice H.w.
KIN. and with Li,a a large majority
OF the Judges u.r.ci di.tinr1Iv
affirmed the law lai.l down liz ~.
late Judge Fitzrov Kelly in -. ,.:,..
recently cited iy III. Il;,r.,l. said
Justice Hawkins: The case ~
which 1t has been held that rer.,,n.
may lawfully engage in friendly IN.
counters not calculated To nr..:u...
=; !eaa INJURY "r I" ro',.e angry passion,
10 either: 10 not in the least initiate
against the view expressed, for .u,.h
encounters are neither breache. Of tn.
peace nor are they calculated to Nv.
there Of: hut il under
Color OF friendly encounter th.
parties enter upon 1t with the int.n.
tICn % conquer ea':l' other hy violence.
calculated to produce mischief ~.
whether hurt may be o..
or not, a. for instance !;
TWO men, pretending to engage in AZ
smicable spar with gloves. really
have for their Object the int~n,i"" :.
beat each other until one of th.:" ,.s
Exhausted or sul<lue,l by fore. and
- engage IN !. conflict likely to end
~ . breach Of the peace, each 1. listi..
% oe prosecuted for an ss.a"i,: =,
!. v Ss.! Fttzjames Stephens a.i.i..i.
Nv nen one per.On /. indicted for IN.
"'enns personal injury upon another