The record-union., 1898-05-05
PRIZE FIGHTERS IN COURT.
EXAMINATION OF GRIFFo AND
OTHERS.
Ihe Case Not Conc1uded-More
Testimony to Be Heard
This Morning.

Inc examination of AL GriththS
Ooung Griffo), Frank Schuler, Charles
Fellman, Harry Woods, Frank McCon-
nell and Patrick Corrigan, charged with
manslaughter in connection with the
death of young McCarty in the twenty
round contest on the 9th of last month,
took place before Justice Henry yester-
day in Judge Hughes courtroom.
Assistant District Attorney Jones and
City Attorney de Ligne appeared fof
the prosecution, and E. D. McCabe LOT
the defense
r. E. Callahan testified to the ar
ranging of the match and the terms OF
the contract, with the modification 10
the effect that the contestants would
divide 60 per cent Of the recelpls
equally between themselves. AT the
sixth and seventh rounds witness
thought McCarty had the worst OF II,
but after that for a number OF ROUNDS
he did not think any blows were struck
that would do much harm McCarty
was the aggressOr in the last round,
hitting Griffo hard several times before
the latter began to return them. Nc
Carty was knocked down, and when he
arose Griffo sort of pushed him down
and he lay there The men received
for their share S1O5 each, McCarty's s
share being paid to his representative.
The contest was simply a boxing con-
test. given in public, with the regula-
ton five-ounce gloves, under the au-
spices of the Sacramento Athletic Club'
which gives similar exhibitions OF con-
tests in skill There was no cruel or
unusual conduct in the contest and no
unfairness.
Witness said he and the club sup
posed McCarty was the person he
claimed to be, and that he would prove
a good match for GriffO. In the htteenth
or sixteenth rounds the seconds OF poth
the parties told witness that the men
were in good condition. He consldereo
that McCarty was the aggressor all the
way through. and he seemed stronger
in the last round than in the preceding
ones.
DIR F. NJ. Reith testified that when
he performed the autopsy he found
thin clot of blood covering the right
side of the brain. The right lung was
slightly congested and there was
small quantity of pus of recent origin
at the apex of the left lung. Death oc-
Cured from cOncussion of the brain
officer M. Fisher testified that Nc
Carty struck heavy blows at Critic
throughout the fight The latter could
have struck McCarty much oftener
than he did during the fight. McCarty
was strong up to the latter part OF the
last round The contest was a fair
one. and if he had supposed either man
to be in danger Of serious harm he
would have interfered to stop the con-
test
officer Naghel testified to the same
effect, and there was some other testi-
mony of similar character.
When the prosecution concluded its
testimony Mr.. McCabe, Griffo's coun-
sci. moved the dismissal of the charge
and release Of the defendants. In sup
port of his motion he argued long and
vigorously. citing various authorities to
show that death resulting from vol
untary contest of the character of that
in which Griffo and McCarty engaged
could not be manslaughter, as there
b was no element of malice in 1t.
Counsel read a recent decision Of a
Pennsylvania court, in a case similar
to that at bar, in which it was held
that death resulting from any friendly
athletic sport must be considered in the
nature of an accident.
MI. Jones CUuleIlueNI liicaC IL W e'' %
case of manslaughter, under the law,
and supported his argument by quoting
a number of cases and authorities.
Justice Henry said he would have 10
deny the motion to dismiss. He would
however. continue the case until this
morning in order to afford the defense
an opportunity to put in testimony.
]. H. DEVITTS BURIED.
The afternoon session of Justice Hen
rvs court was delayed for awhile IN
order to give those concerned in the
case an opportunity to attend the fu-
neral of Joseph H Devitts (McCarty),
the victim of the unfortunate boxing
match.
Rev. Father Leahy conducted the SER
vice at Clark & Booths funeral par
lors There were only q few persons
uresent. Griffo was there, and he was
deeply affected. He had engaged IN
hundreds of boxing contests, but TINS
was the first time any of his op-
moments had received fatal injury. one
of the two floral pieces that rested on
the coffin was the gift of Griffo, ana
the other was from the Sacramento
Athletic Club.
The pail bearers were Harry Woods'
Frank Schuler, Patrick Corrlgan'
Charles Feldman and Richard Callahan.
CATunTTC PICNIC