The morning call., 1893-03-03

two or three times during fhe contest being
ordered 10 do so by his seconds to avoid
punishment, but did not strike upon his
head. Sergeant Coles was present during
the whole time and two or three officers.
Officer James Cook said he had seen three
OF four other fights and the one on Friday
night WAS not more brutal than the others.
Miller got about three times as much
punishment as Hawkins. he saw the last
blOsH struck Oy Hawkins on the right side
OF Miiler's jaw. Miller. sank to the floor ON
his knees and then fell over.
TN cross examination witness said he
Thought that after the last blow Miller
remained on his knees till counted out.
The last blow was not an extraordinarily
severe one.
Paul Oesting. druggist, testified that the
blows we're not worse than he had seen in
similar contests and they were equally dis
tri6uled on the body and head. The last
blow was struck while Miller was leaning
on the ropes, Ii was as much push as
ANYTHING else,
On cross-eXaminatiOn witness said the
last blow did not cut any figure in the fight
at all, as he did not think Hawkins had the
strength left to. deal a severe blow: Even
then Miller attempted to get up. He had
seen men punished great deal worse. Haw-
-kinsased Ju u1gment in delivering his blows,
but Miller lacked judgment. Miller backed
into the ropes without any blow at all.
DR.. OD0nAell testified that there was
nothing unusual in the contest. Up to the
tenth or eleventh round the fighting was
fast and strong: After that Miller occa-
slOnally made a rush and Hawkins followed
him up. The last blow did not seem to
affect Miller much. He gradually sank
down on his knee and then attem pied to get
up. Afterward he seemed to be greatly pros
.trated. Witness thought there was nothing
seriously wrong till he examined his eyes
and then lie thought there was eoneussiOn
of the brain.
On discrimination witness said that
Miller consulted him professionally on the
day of the fight aud olnpained Of being
weak. He said he had redueed himself
that day from 123 to III pounds by five
mile run. He thought he would be able to
whip Hawkins and asked witness tn be
present. In his previous fight with Muller
Miller came to him and consulted him also.
Witness told him to be very cautious.
Witness said that Miller was deaf In one
ear. He did not see ANYTHING vicious in
Hawkins blows. When Miller slid to the
floor ii was brought about by his own over.
ex eriion. He did not hear anybody cry out
TO stop the hight Miller was treated with
more severity In his fight with Muller.
c. o. Darlington, chemist, gave evidence
as TO the analysis he had made of Miler's
stomach.
Sergeant Coles testified that in the
eleventh or twelfth round Miller rushed
Hawkins very strong and afterward ap-
Deared to have exhausted himself in the
effort. In tine final round Miller rushed
Hawkins, and in the rally Miller sank
down and Hawkins hit him blow. but not
a severe blow. II was more Ike push.
In answer to Carroll Cook the sergeant
said: 81 saw nothing unusual and nothing
that was unlawful, at least that was ap-
parent"
DR.. a. P O'Brlen gave the result of the
autopsy on MlleT's body. and DR.. j. S.
Stone repeated the evidence he gave before
the CorOnePs inquest
This closed the case for the prosecutinn
II do not think, your Honor" said Car
roll Cook, "that it is necessary for me.to
produce any evidence. There has been
nothing 10 show that the charge of man
slaughter can be maintained. The com
planning witness, Sergeant Coles, says that
Millers death was not from an unlawful
act or done in the heat of passion or from
Hawkins doing lawful act In an unlawful
manner.
These contests are permitted bylaw, and
on the evidence Of the complaining witness
himself Hawkins should be disc harged. l
move to dismiss the case"
Attorney Stevens said he would submit
the case Of the other * defendants on the
testimony taken in the Hawkins case.
Il would like to take your motion under
advisement," said Judge Conlan to Carroll
Cook. 'but would suggest that you pat in
some evidence for the defense"
"The Defense" replied Mr. Cook, would
simply be repetition of the evidence for
the prosecution"
Alter a minute or two's silence the Judge
again asked 10 hear some evidence for the
defense.
Dai Hawkins was accordingly put on the
stand aud related how Miller during the
fight "loshed' him by saying You can't
hit me" who told you TO hit me-" and
similar remarks. During the twelfth and
thirteenth rounds Miller was forcing the
fighting.
:, Joe Soto. Miler,s trainer and second, was
also examined.
The Judge asked Prosecuting Attorney
0'Keefe what he thought about the six
other defendants.
Il think, your Honor" he said, ''it would
be hard 10 obtain conviction against
them"
Attorney Stevens urged that the three
not out on bail should be released on their
own recognzance.
~ IF ! knew themr" he said, 81 would be-
come personally responsible for their ap-
pearance, but have not the slightest doubt
they Will be here.
There is just as much reason for them
TO be at liberty as Sergeant Coles. Ii the
sergean. had exercised proper snpervIsion
during the contest the defendants would
not nnw be here. Coles should most GER :.
tanly be In the City Prison with them. If
they are to remain there. as. they had less
TO DO with The fight than lie.
Prosecuting Attorney O'Keefe spoke In
defense of the sergeant, "As regards Ser
geant Coles" he said, ''the sergeant dis.
tinctiy says that there was no evidence of
brutality during the contest"
Then, your HONOR" said Carroll Cook: 4
quickly, Il ask you on that statement to
dismiss the caa,."
There was general smile. but the Judge
said nothing.
Il want to consider the case carefully"
said the Judge, before giving my decision
and wllladJonrn it I'll Tuesday at p. M.
will allow the defendants, Soto, Long
and Levingston. out on bail on their own
recOgnizanees."