Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-23

hhKeu tnhttno counsel Tor tine state elect on
which count to stand. He argued that the
crimes as charged are separate and distinct
and that the counts should be separate.
Mr.. Bggs sad there is nothing more
common than TO indict under jDint counts
when the punishment is the same and
cited several authorities.
Mr. Yandegrift argued that it il ope
crime to engage in II fight when money ia
involved and that il is another crime TO
asaist at such fight. He said the pios
cutiou had a regular grab-net. II IL did
not get on one it got on another. MIR.
Vandegrift'B request was denied.
Chief of Police Dongherty, the first
witness for the prosecution, testified that
he brought the Goldens, McGrady and
Ryan from Philadelphia on requisition.
He first heard of thea fight the morning
after it occurred. On REORGANIZATION
lie said the defendants did not object 20
coming here when arrested. They acted
gentlemanly and would have come it'll.
ont u requisition. but he eould not bring
them without n requsition because tho
laws of Pennsylvania wonld not permit il.
Joseph q. Wilkins of EVERY EvEN mo
testified that he went TO tho fight for the
purpose of writing an account of il. He
described the trip from this city To the
Wilmington IL Northern railroad PIER and
said TINT about GO people accompanied
the fighters. James Ryan acted as referee
nj the fight and after the ring had been
pitched announced that the fight was to
be to a finish and to be governed by tho
Marquis of Queensbury rules. Eleven
rounds were fought and during
the last round McGrady, Mo
had been knocked down several times,
was knocked down again and apparently
could not rise and had to DO assisted to a
chair. During the fight "Ritchio" Golden
bled at the mouth and nose from tho effect
of blows dealt by MeGrady. "Spnrrow'
Golden acted MS second and John IT,
West served rs tinie-keeper. Mctirady
apparently had TO be assisted to the boat
after the fight WAS finished. The tickets used
by those who accompanied the fighters
bore on one side excursion mp the river;
not transferable. Tickets 49," and on
the other side the words 'tPAria Mutual +"
Tho witness did not see any tickt ls Aold
but he Saw men counting money on tho
boat. He was told that the winner Of the
fight was to receive BOO and tho loser
1926. On cross. examination the witness
said that the fight was with stuffed gloves
He had seen pugilistic exhibitions hero
and elsewhere and described IN exhibition
MS n fight for points and said he
thought prize-fght was n fight
for n stake. Ile considered the
fight in question prize-fght. MIR. Vando-
grift asked the witness why he was not
indicted along with tho others, but Mr..
Biggs objected tothe question. Mr.. Vande-
grift argued that the witness was as
guilty as the others, but Mr.. Biggs OBJ
jected to the argument on tho ground that
1t was unsoHnd and was sustained by the
court. The witness stated that Mr.. Biggs
and he had had no conversation abont
the fight previous to the preliminary
hearings before Squire Bertolette.
IF. L. Bach, who had witnessed the
| fight on behalf of the Morning Nes1s,
testified to the incidents of several rounds.
William Ii. Hill, who also saw the fight
on behalf Of the Morning Meas, gave
| testimony somewhat similar to TINT OF
| Mr.. Bach, and said he saw no money on
| the occasion of the fight
Al $50 O'Clock conrt adjourned until
| yesterday morning.
The prize. lighters trial was resumed nj
he opening or court y stcr.lay. Chief
Justice Comegys and Judge Wootten ), ere
| ON the bench and the nttcntllncs WINS
large.
John Briefly was called by tho State
hut did not answer and m attachment
| was requested.
William Whiteraft testified that he
knew the defendants and went TO tie vii.
mipgton a. Northern pier on the morning
L of I,tlx I'd IL ln1 lot d., n
the wharf on the boat, which had been
given to him by friend. MIR. Riggs
| asked if IL was customary, when tickets
are sold for affairs of this kind, to divide
| the proceeds between the principals, but
the defence objected and was sustained.
The witness further stated that he was
not acquainted with The custom in such
cases.
Briefly arrived at 10.35 O'Clock and was
at once sworn. He testified that lie had
known the defendants, except Grady, fol
about two years. He was with Ryan when
the.latter was arrested. He did not know
whether there we're any lights ON the tug
outside of the engine room when the
boat left Fourth street wharf for the Viii
mington IL Northern pier. He went OF
| the boat without ticket. He did moi
know whether anybody had bought
tickets, hut supposed that tickets were
bought. He heard Of tickets, but did not
see any. In affairs like that on the piei
| the expenses were first paid and the par.
Elephants received the surplus. On cross.
| examination he stated that he did not see
amy stake or sec money change hands.
At 10. 50 O'Clock the State rested.
Mr.. Vandegrift, ut this stage Of the
proceedings, moved that the court in.
siruct the Jury 20 find verdict of not
guilty, but the eonrt declined TO do so,
deciding TINT the case was matter that
the jury must decide.
Addressing the Jury Mr.. Vandegrifi
said the proceedings were more in the
nature of persecution thhn prosecu-
tion. He also said that he would call
witnesses to show that tho affair on the
pier was not as bad M exhibitions that
had occurred in this city, that Mctfrady
was not beaten mp M badly Ms he seemed
to be in the mngnified eyes of n witness
for the State, that NcGrady was able Ia
go TO work tho day following tho trip to
tho pier and that Golden and Grady gave
sparring exhibitions for the purpose of
making money.
j. Alfred Collins was called by the de-
fence and, after having been affirmed,
stated that he saw tho contest ON the pier,
no having been sent there by tao editor
of Every EVENING. He also stated that
the pier fight md the rink exhibition were
both under the Marquis of Quecnsberry
rules, and that the contests were exactly
alike. One contest Mt the Citizens rink
was moro severe than the one Mt tho pier.
In the latter gloves were used. When
cross. examined by MIR. Biggs the witness
said no gave 80 TO man for the privilege
of going on tho excursion to the pier,
and that he did not get ticket until IN
hour after he Ind parted with the money.
He did not know what became Of the
money. In his opinion there was no
material difference in the contest ut the
pier and the one ut the rink. The fight
ut the pier was 10 finish, but the con
tests in this city were not. He had seen
several prize-fights and did not regard
| the pier affair as prize fight.
lIewson Il. LAnnon testified that he snw
the contest on July LIST, and that IL was a
glove fight. Mr.. Vandegrift asked Mr..
Iinnnon TO compare the pier fight with
the fights in this city, when Mr. Riggs
ohiarted. The objection was sustained.
4. T.. Bach, who was witness for the
| State, was called by the defence and taS-
titled that he did not see money wagered
ON the result of the pier fight,
Police Sergeant McVey was also called
by the defence but was not permitted to
testify, the court ruling that the mayors
or MI officers opinion of n sparring con.
test in tue city had nothing to do with Il c
pier fight,
Michael Lnfferty testified that he lives
in Philadelphia and that he manufactures
wooden yarns in that city. He said Nc
Grady works fnr him, and flni he Rau