The record-union., 1898-05-06
GRIFf0 MUST STAND TRIAL.
rs HELD TO ANSWER FOR MAN.
SLAUGHTER.
All the Other Defendants Were
Discharged-Some of the
Evidence.

The preliminary examination of Pu-
glllst Griffo, charged with manslaugh-
ter, IN having inflicted injuries on Jo-
seph ii. Dewitt (McCarty), in their box
ing match last week, which resulted in
MS death, was concluded before Justice
Henry yesterday morning, and resulted
in his being held to answer to the Su-
perior Court
Woods, Corrigan, Schuler and Nc
Connen, seconds of the principals in
the contest, who also had been arrest
ed on charges of manslaughter, were
discharged
The first witness called for the de-
fense was Chief of Police Dwyer. He
testified that he was present at the
contest, and considred it a mild affair
The contest was not a vicious one, and
in his opinion no serious blows were
struck. He had seen many more fierce
set-tos between amateurs, and said he
had never in his life seen a man
knocked out with five-ounce gloves
the kind worn by Griffo and McCarty.
L. S. Upson was next called and tes-
titled that many persons at the ring
side considered the fight a fake. He
personally had looked on it as a very
tame boxing bout, and had seen many
harder contests between members of
the club.
Frank Mcconnell, instructor of box
ing for the San Francisco Athletic
Club, who was behind McCarty during
the contest, repeated the evidence given
by him at the Coroner's inquest, and
which was published at the time in
the Record Union" 1t was to the
effect that no severe punishment was
inflicted during the bout.
Attorney Frank S. Sprague was the
last witness. He testified that he wit
messed the contest, and that it was an
exceedingly one-sided affair from start
to finish Griffo was so far superior
to his opponent that he could have
made the fight brutal had he tried. The
witness saw no evidence of serious
punishment, though that such evidence
existed was proven by the fact that
McCarty died.
There was some further testimony,
and it all tended to show that there was
no severe fighting and no brutality
practiced during the fight. Police and
other officials were present and no.
body for a moment regarded 1t as an
exhibition that called for any interfer-
ence.
Judge Henry, however, said he con-
sidered it his duty to hold Griffo to
answer, as prize fight had been
fought, which he regarded as against
good morals. In conclusion, he said:
"It has been urged by counsel for de-
fendant that if this man is held to an
swer no jury would convict him upon
final trial. If the miscarriage of JUS
tice sometimes occurs, through a disre-
gard for their obligations and respon-
sibilities by jurors, I cannot afford to
consider that as any part of an excuse
for the non-p performance of my duty
as a magistrate"
Griffos bail was fixed at S1,OOO, but
it is not likely he will be able to give it.
The truth is, even the friends Of Critic
believe he will be better off in the Coun-
ty Jail than outside Of it. He is afflicted
with a chronic thirst that only fire.
water can satisfy, and even that hard
ly fills the bill He is not an ugly fell
low, but unless under the watchful eye
of friends his bibulous tendencies are
apt to make him annoying to others
! Under the circumstances it is not
likely anyone will put up a bond to get
him out of Jail pending his appearance
before a jury There is little Likelihood
| of a conviction, however.