Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-13

! the regular term Of one week in Deeeu-
| Der would be inadequate to the neeessi-
| ties which the prize fight would add To
tue regular business of the term. h
therefore yielded TO what seemed 10 he
the requisites of the public service and
called this special term to dispose of ths
special business.
All the accused are here except Pat
| Duffy, whose absence was accounted for
By the district attorney, who had failed
TO notify him. General Superintendent
Carroll of the Queen aud Crescent was
not present, but the general belief
is that he will not be indicted by the
grand jury. The foreman of the grand
jury is Il. r. White mill owner and mer-
chant at Poplarville. When one Of the
stands at Richburg fell during
the fight MIR. White was the only person
injured The grand jury are an intelli-
gent body of men and are highly spoken
of by the citizens. Judge Terrell in his
charge to the grand jury, after refer
ring to the wicked Illicit traffic
in liquor in this vicinity, contlnued
"Gentlemen, but little need be said of
the prize fight which took place at Rich
burg on the Sth of July last. The
principals in said fight and all
the accessories before or after
the act are guilty of high mis-
demeanor. A fight by consent, without
anger or ill-will, between two parties,
without any stake, reward or prize what
ever, would be a serious crime under our
law made by legislative enactment.
You are bound by your consciences to act
on the law as declared to you from
this stand. Anger or i'll will is
not necessary to constitute the crime of
assault and battery, nor does the consent
of the party take away the guilt of the
Offense. 1t is All unlawful physical
force infiicting injury or hurt on another
whether done in malice or wantonness;
it need not be in anger. -
The judge proceeded at length to illus
tTate by examples and cite authorities
sustaining the Interpretation of the law
as laid down by him. The delivery of the
charge occupied about fifteen minutes.
The counsel for the defense,
pronounced the charge very fair and
moderate. Outside of legal men the
opinion prevailed that under the charge
it would be impossible to find indiet-
ments against any but Sullivan and
Kllrain. Several citizens were at
loss to see how Fitzpatrick
could be considered as an alder or abet-
tor when a referee is selected on account
of his fairness and disinterestedness.
This point was generally discussed.
District Attorney Neville said tonight
he could not tell when the grand jury
would return any indictments. While
determined TO Yindicate the law 4
the jury would have to have full
and satisfactory proof before making
any finding He knew that one of the
grand jurymen is one of the bOndsmen
for some of the accused, but he had hot
objected to him, because he knew the
gentleman too well to have any fear on
that account.
Mr.. Neville stated that some sugges-
lions of compromise had been made to
him, but he said he could not listen to
any proposition until the grand
jury had reached some decision.
He cannot accept any compromise,
but can recommend one to the court. He
could not say what would happen. For !
the present he was attending to the grand
jury.