THE LATE FATAL GLOVE FIGHT

New Zealand Herald, Volume XXX, Issue 9197, 11 May 1893, Page 6

THE LATE FATAL GLOVE FIGHT

CHARGES Or MANSLAUGHTER.

THE ACCUSED BEFORE THE COURT. At the Police Court yesterday, before Dr. Giles, R.M., John Nicholson, one of the principals in the glove fight in the Zealandia Rink, which resulted fatally to the other principal, Richard Campbell Forgie, was charged with manslaughter, and Lindsey Cooke, William Burns, John Wakefield, William McManemin, James Saxon, Frank" Burns, R. J. G. Sandall, John McConnell, William O'Meara, and Frederick J. Paltridge, who had acted in official capacities at bhe tight, were charged with aiding and abetting. Mr. McAlister appeared for the Crown to prosecute, Mr. Cotter appeared for Nicholson, and all the other accused except Messrs. Cooke and Wakefield. Mr. Ban mo appeared for Mr. Cooke, and Mr. Theo. Cooper for Mr. Wakefield. There was a large crowd in the Court to listen to the proceedings— the portion devoted to the public being packed to its nbmost capacity. orKNIN'O TUB CASK. Mr. McAlister, in opening the case, said that Nicholson was accused of homicide, and the others were charged with aiding and abetting, and they were, therefore, if that was shown, guilby of manslaughter in one degree or another. If it was merely a friendly contest, and a fatality had occurred, a charge of manslaughter would nob lie, but when the fight was for a prize, and a charge for admission was made, it became unlawful. He quoted the authority of East and others to show that in the case of innocent amusements such as football, wrestling, or even a friendly glovefight, misadventure occurred a charge would not lie ; but in the case of a prise-hghb for money, and one of the parties was killed, that was manslaughter. In this case ho was instructed that it could be proved that this was a boxing match for money, that money was taken at the door for admission, and thab it was a fight to a finish for a purse of money. In such casos it was held that the opponents were careless of the injuries they inflicted, provided they obtained tho promist-a reward. The Court was not that day called on to consider any question of medical jurisprudence, but if it was shown that death resulted to Forgie from the injuries he sustained at this fight, then it would be the duty of His Worship to commit the persons accused for trial to the Supreme Court. Without further preface ho would proceed to call evidence.

THE STAKKHOLDKR'9 KVIDKNO«. John Gallagher, proprietor of the British Hotel, Queen-street, said ho was not present at the fight, which was the occasion of the present charge. There was an agreement to tight between the parties, and witness was stakeholder by request of deceased and Nicholson. There was a written agreement about it, but it wan no longer in existence ; it was destroyed about two nights after the right, for they wore things he never kept about the place. It was simply an agreement between the parties to have a boxing match for £25 a-side under the Queensbury rules, and there was a very strong stipulation. It was a boxing match to a finish, and tho word " fight" was never used. One of the strongest points in the agreement was with respect to the gloves which were to bo of the sizo allowed by law, the Soz gloves, which he understood to bo the weight allowed by law. He saw accused, Nicholson, and deceased after the fight was over. They came to him regarding a dispute about the decision of the referee, over the fight. Deceased claimed the stakes but witness did not pay them, as an injunction was put on the stakes by Nicholson, who served him with notice nob to pay them He only saw deceased once after the right, that was the next evening, and Nicholson had served him with notice not to pay on the night of the fight. By Mr. Cotter : This was not the first time ho was stakeholder. He had acted as stakeholder for boxing matches for the last ten years. There was no concealment of any kind, quite the reverse, and the police had every opportunity of knowing that he had acted in this capacity, and they never made any objection to him. No warning was ever conveyed to him that he was doing anything wrong in having anything to do with boxing matches, and neither deceased nor Nicholson appeared to think there was anything wrong. The best of feeling existed between them. When Nicholson gave him notice not to pay over the stakes it was simply because ho disputed the decision of the referee. When deceased applied for the stakes ho made no complaint as to his having received unfair treatment. Witness had been present at boxing matches, but nob latterly, and at those at which he waa present the police were always there. Ho never received the slightest hint that ho acted improperly in being present. This match was advertised in the papers, and everything was done quite openly. By Mr. Cooper : As far as he understood, this was a boxing match for £25, under the Marquis of Queensberry rules, on similar conditions to all the boxing matches which had been hold for the last 10 years. By Mr. Baume : Every care was taken to comply with the law. By Mr. McAlister : It was to be for £25, and the gate money. Witness did not offer to give a trophy in addition to the stakes.

CONSTABLE HUTCHISON'S EVIDENCE. Constable Joshua Hutchison, stationed at Parnell, who was present at the boxing match, repeated in substance the evidence which he had already given at the inquest, and which was published in detail at the time. He saw all the accused present on the platform, and taking part in the fightas referee, judges, seconds, attending on the boxers, and a timekeeper. The match lasted from about half-past nine until one o'clock in the morning, and they fought about 34 rounds. Some four or five rounds before the fight was stopped, he remembered Nicholson hitting Forgie a blow on the face, from the effect of which he fell on the floor, and he lay apparently stunned for 8 or 10 seconds, but he then got up and went to his corner. He fell backwards, and the back of his head came heavily in contact with the floor. They fought four or five rounds after this, but Forgie did not appear to fight so well as he did before the fall. Witness stopped the boxing match, because Forgie appeared to be becoming exhausted from the punishment he was receiving. Forgie fell backward on the ropes about the third round after the fall, and Nicholson seized him round the neck and dragged him off the ropes, at the same time hitting him on the side of the head, and deceased staggered back into the corner. This all occurred instantly, and witness then stepped forward, and put his arm in front of Nicholson, belling nim to stop the fight. Forgie's hands were hanging down, and he was apparently exhausted. Several people and Nicholson said the police had no business to stop the fight, and he also heard the word " Foul" sung out as he thought by the referee, Mr. Lindsay Cooke. Had witness not stopped the fight he believed Forgie would have been killed in the ring, and that was the reason he stopped it, because he thought it went too far. Witness produced the gloves, which he had weighed. They weighed Bozs each, or 160z.s the pair. He considered the fight a fair one up to the time he stopped it, but he considered it brutal bo see one man hammering another who was unable to defend himself, so he stopped it. In cross-examination by Mr. Cotter, witness said he had never seen an advertised fight, or a fight for money or a prize, until this one. He informed Sergeant Gamble that this fight was to take place, and received instructions bo attend there on duty. He knew that it was advertised, and ho was present for nearly an hour before the start. Constable Lamb also arrived before the fight commenced. -He did not try to disperse the crowd, or warn them that they were doing an illegal act. There was a dotective arid several other constables present, but neither they nor he warned those present to leave the place, so far as he knew, and he did nob think they were infringing the law. While the boxing was on no one but the contestants wore inside the ropes, but .when the round was over, the seconds wenb in to look after the men. The platform was not raised, ib was merely a portion of the centre of the floor roped in, and there were seats around for the spectators. He was nob aware that when the fight was half over ib was proposed bo Forgie to make ib a draw, and he refused, and witness had not been asked half-an-hour previous to the end bo interfere. He thought there was nothing calling for his Interference up bo the time ho did interfere.

Witness was also cross examined by Mr. Cooper, and stated that the timekeeper, Mr. Wakefield, and Mr. Cooke, the referee, were selected from the audience. Wakefield was never inside the ring, and all he did was to call time. In reply to Mr. Baume witness said he did nob pay to go in, he was there nob as a spectator, but in his official capacity. lb was after a great deal of persuasion that Mr. Cooke consented to act as referee, and at the time ha was appointed he was amongst tho spectators, and he insisted on two judges being appointed before he consented to act. William Burns and Sandall were appointed. His Worship: A: or Forgie fell back against the rope, did you see him strike any blow ? Witness : No, your Worship. Did you know who were acting as seconds ?

I understood they were William and Frank Burns and Saxon attending on Forgie, and McConnoll, O'Me&ra, and another, whom I do nob recollect, attended on Nicholson.

CONSTABLE LAMBS RVIPKNCK.

Constable Lamb, stationed at Newmarket, who was present ab the glove fight on the 11th of April in the Zealandia Rink, Stanley-street, was the next witness. He identified all the accused, and stated their official positions on the occasion. McConnell, O'Meara, and Palbridgo were Nicholson's seconds ; James Saxon and Frank Burns were Forgie's seconds. All except the seconds were elected in witness's presence. The witness then described the fight and what took place, generally corroborating Hutchison's testimony. He said he considered the fight up to the last round was a very fair contest, and the best of order prevailed throughout up to the last round. During the latter part of the last round Nicholson struck Forgie and knocked him on the ropes, and while he was on the ropes Nicholson suddenly, with his left hand hooked him up round the neck and struck him ab the same time with his other hand, following tho first blow up by about three other blows on the head and face. Deceased mode no attempt to lift his hands after he was picked off the rope, and Hutchinson then rushed in and stopped Nicholson. The witness corroborated the evidence as to the knock-down blow. In cross-examination said that he had boon at a number of glove fights in the Zealandia Rink, tho Agricultural Hall, and Mercantile Chambers, probably about soven or eight, and was on duty on each occasion, and he had not on any of these occasions either stopped or attempted bo stop the proceedings. He did not think there was anything illegal in either taking part in or being present at a glove fight. Three of the police examined tho gloves before the tight, and they were satisfied with them, and the contest was conducted in the same manner as others at which he was present. There was no concealment, and everything was done openly and fairly, and after the contesb was stopped everyone departed in an orderly manner. In answer to Mr. Cooper, the witness said that it was with great difficulty Mr. Wakefield could be induced to act as timekeeper, and except in timing the rounds, he took no part in the proceedings, and kept his seat. There was nothing ferocious about the contesb, in fact up to the last three or four rounds it was the tamest box-ing-match he ever witnessed, and the only difference then was that Forgie appeared to bo getting exhausted. By Mr. Baume: Mr. Cooko was also elected referee by the people, and there was considerable difficulty in getting him to act. There was nearly half-an-hour losb trying to get a referee, and Mr. Cooke refused to act until two judges were chosen. His duty would be to decide any dispute between the judge*. Witness attributed the good order which prevailed to the remarks made by Mr. Cooke before he consented to act as referee. He considered he would have exceeded his duty bad he interfered before Hutchinson stepped in to stop the fight.

dr. lindsat's evidence. Dr. Alexander Lindsay deposed that he had known tho deceased for about a year. Ho was called to see him professionally at his father's house, Parnell, on the evening of the 13th April. Ho was in bed, and was sensible, but rather dull »nd stupid. He complained of headache. Up to that time witness had no idea ho had been engaged in a fight, but both deceased and his mother told him so. His Worship held that any statement made by the deceased could nob be evidence. Examination resumed : There were some marks of bruising on tho left side of the head, the left ear, and the soft parts of tho the neck about the ear, and a swelling between tho eyes on tho lower part of tho forehead, but there was no discolouration on any of the brulsoa. The witness then proceeded to describe tho symptoms, Deceased gradually improved for about eight days, but on the 22nd his symptoms became unfavourable, and he relapsed into a stupid condition. He continued to sink, and died on the morning of the 24th. Witness made a postmortem examination on the 25th,' and found tho right hemisphere of the cerebrum covered with blood clots. There was also a circular clot on the left hemisphere, about an inch in width pressing on the brain, and haemorrhage. The caused of death was concussion of the brain. There was no fracture of the skull. He heard the evidence of the constables, ' and said such injuries might be caused : both by the blows and the fall. In reply to Mr. Cotter, witness said the only part he examined was the head, he did not open the body. Some of the clots were older than others, resulting from previous injuries, bub the oldest would nob be more than a fortnight old, while the others were probably not more than 24 hours old. There had no doubt been a gradual bleeding. On Friday nighb tho firebells rang close to deceased's house for along time, and that may have caused the relapse, as being prejudicial in his then state, and up to that time he was getting on well. By Mr. Cooper : The injuries, he observed, were not greater than would be caused by a Wow with gloves in an ordinary boxing-match. In all boxing-matches there was a certain amount of risk, but, judging by results, he should nob say the risk waa greater than in football. His Worship : In the one case you have a man opposite you trying to hit you ; in the other, a man may run against you accidentally and injure you. Examination resumed: He should say death in this instance was an accidental result of the blow*, which must have been very severe. The appearances indicated nothing more than what would be the result of a knock-out blow. Mr. Baume asked whether, if Forgie had gone home and gone to bed, and nob gob up again after the fight, tho result would have been fatal? Dr. Lindsay replied that if deceased had been taken home after he received tho knock-out blow, and kept to his bod, he might have been alive now. THE BROTHER'S EVIDENCE.

William Forgie, brother of the deceased, deponed that ho was present at the glove tight, but he paid no entrance fee. Others paid to his knowledge, for witness was checking the tickets at the door. He said the fight lasted from after ten to one o'clock. He knew the persons preset as having acted in connection with the fight. lb was a fair fight up to the last round. Witness then described what took plaee in the last round whea Nicholson pulled deceased off the ropes with his left arm and struck him with his other hand about four times. He heard "Foul" called, bub could nob say who called it. Nicholson was still striking him when "Foul" was called, and Constable Hutchison stopped the fight when " Foul" was called. His brother never raised his hands from the time he was pulled off the ropes; but Nicholson was in good condition. By Mr. Cotter: Witness did a little boxing in a quiet sort of way, and had been knocked out one time, bub ib did nob result in'any serious injury to him. Further than checking the tickets and being a brother of one of the combatants, witness had nothing bo do with the contest. His brother asrreed to th>j appointment of the officials. When his brother was against the rope his feeb were on the ground, and according bo the rules, in a fighbing position. Nicholson, by putting his hand on his brother's shoulder, simply straightened him up, but putting his hand on him was against the rules, although he might have struck him when ho was against the rope without straightening him up. Either his brother or ids seconds could have given up the fight when he was against the rope, bub neither did so. Witness was nob aware that) a proposal bad previously been made

to his brother to make it a draw. The palling of his brother off the rope, the striking by Nicholson, the calling out " foul," ana the interference of Constable Hutchinson, was all the work of a moment. The other counsel did not cross-examine the witness. At this stage— a quarter to five o'clock— ib was decided to adjourn the esse until ten o'clock next morning. Nicholson being bound over from the coroner's inquest to appear at the Supreme Court, was already on bail, and he, with the others who attended on summons, were allowed to leave until ten o'clock this morning.