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AH SLAPE AT IT AGAIN 1876 BOTTOM - tbe for torney for Clark is Colonel Caleb...
tbe for torney for Clark is Colonel Caleb Valentine, of Hackettstown, and Henry L. Slape appears for Fiddler Neery. The interests of Goodwin, or "Spring Dick," are cared for jointly by Messrs. Scovell, Valentine and Slade. John K. F. Hew itt, of Camden, and John H. Fort, editor ot the Philadelphia Sunday Sun, appear as assistant counsel for the defense. The prosecution is carried on, without assistance, by District Attorney Albert H. Slape. The first work of the morning was to resume the examination of Diedrich Koster. the father of the murdered putrilist. He testi fied that he had been informed by his son Philip of the intended ngnt witn weeden, ana that Sam Collyer was to be his backer. The father at tempted to dissuade him from fighting. He did not know bow long i'lulip bad been in training. Attempt was made, in cross - examining the witness, to show that, being a shoemaker, he had made a pair of spiked shoes for his son, knowing tnat they were to be used in the projected tight. The witness stated, however, that he was in the habit of making such shoes for his son aud did not know that the pair in question were to be used in the fight. WITNESSES OF TIT E FIGHT. The prosecution then called several witnesses who live at l'ennsville, or in the viciuity of the fight. The first of these sworn was Thomas Ireland, who gave his abiding place as Peunsville and his business as that of a fisherman. Witness was at the prize - fight on the morning of August ol. his attention was cauea to tne anair a little before sunrise by the arrival of three or four tugs at the l'ennsville wharf. The fight took place in a pasture field belonging to Eli Biddle. The witness was present when the stakes were driven for the ring. Borne time before the nght began Koster threw his hat Into the ring and Weeden soon after entered under the ropes. The witness sa the figltt from the beginning until the end at the last or SeveiHy - ii&Ui round. After the nght he saw Koster lying on the ground looking like a dead man. The light lasted two hours and five minutes. When the witness saw Koster he was lying on his back, with legs and arms straight and eyes partly shut. Did not see what was done with Koster after the fight On cross - examination the witness testified that not more than twenty rounds had been fought before the Sheriff came. Saw Fiddler Neery in the ring before the right began. The men seemed equally matched until ten minutes before the close of the fight. Ellsworth Ireland, a boy about 15 years old, and a son of the last witness, was then examined. He swore to seeing all of the five defendants within the ring, with the exception of Clark. When cross examined by Mr. Slape he expressed doubt as to having seen Neery within the ring. Joel Jenkins, also of l'ennsville, testified to seeing the beginning and ending of the fight. In the last two rounds Koster looked bad ; in the last round he seemed to be nearly senseless, and did not come up very brisk. At the close of the fight saw Koster lying on a bench in the ring. The witness was certain of seeing Weeden and Coilycr in the ring. The cross - examination developed nothing of material interest Edward Buzby was sworn and testified that be reached the placeof fighting when about forty rounds had been hmsned. He saw the last two rounds fought. The witness was asked if be could recognize any of the persons as having been at the fight, lie was only able to point out Weeden. The eyes of Hosier were closed during the Inst two rounds. The witness stated that Koster was led up to tho scratch during the lost two rounds by two men. Koster did not make any resistance in the last round. The last blow struck by Weeden knocked Koster twelve or fifteen inches into the air and back upon the ground a distance of six feet. The cross - examination did not affect materially the evidence of witness. Eli Biddle aud B. Frank Sickler, both of l'ennsville. were then sworn. The former testified to seeing six men inside the ring, and on cross - examination by Mr. Harry Slape he said he remembered seeing Fiddler Neery outside of the ring. The lust named witness did not see much of tbe light AN OLD REPORTER'S STORY. E. J. ilarrlncton. who reDorted the tizht for the New York tapper, was the next witness examined. jue gave nis residence as an jonn nimn street, Philadelphia, and hts business that of a journalist. The witness left Philadelphia at midnight of August 30. Weeden was on board the boat The witness saw each of the seventy - aim. rounds Wu were fought up to the seventy - fifth round Walker, or Koster, had the best of the fight. In the seventy - fifth round he seemed to collapse, or, in the slang of the prize - ring, "to go all to nieces." In the seventy - fifth round Weeden gained the fall, At the end of this round Koster's seconds, Billy Manning and Sam Collyer, picked Koster up and pushed him toward the scratch (or the lost round. As he came to the scratch for the last time Koster looked "groggy," and as if he had lost all heart He raised his hands feebly. He was struck down by Weeden. Harrington was cross - examined by Mr. Scovel. He said that he had seen adozen'prize rights. It would be absurd to say that Koster was knocked from his feet into the air for twelve or fifteen inches. In each of the two last rounds the men clinched and fell. Tho witne - s had seen Sam Collyer, one of the prisoners, punished more severely hi a jm.e iikiiv mail ivuaier ttiis uy neuuen. Daw Koster carried to a steam launch. As he was Disced in the boat Koster's head fell back and struck the centre board severely; heard Koster groan as his head struck. John lures, the sheriff, who appeared on the scene of the fight and ordered the crowd to disperse, was tne next witness examined, tie said tnat lie readied the ground when thefight was going on. He ordered the crowd to disperse, and two or three hundred went away. Mr. Hires then gave an amusing account of his attempt to keep the crowd of roughs from going on board tho Creedmoor cutter, which he had previously locked to Uio wharf, lie told how he nad lot the boat under the menaces of the crowd, aud bis firing afterwards into the boat in response to missiles thrown therefrom. Joseph A. Kidd, Elwood Davis. Jonathan I. Turner and John Jenkins, all Jerseymen and citizens of Peunsville, were sworn, but the testi mony was simply in corroboration ot that of the previous witnesses and not of particular interest. Ihis closed the morning session. AFTERNOON SESSION. When the court convened in the afternoon Sheriff Hires was recalled and examined as to his conversations with the defendants during their imprisonment. He had talked with them about the affair, and none of them deiiied being present at the fight. Frank W. Iiuy. who Uvea at 1736 South Second street, Philadelphia, was then examined. He was Jiresent at the fight, and saw the beginning and the ast few rounds, in the seventy - film and seventy - sixth rounds Koster was In bad condition. His face was bruised, and in the last round his hands were not fully closed, and were not raised above the waist. I oward the close of the tight the spectators noticed that something was put on Weeden s hands and called out to know what it was. The witness was a friend of Koster, and got the bench on which Die helpless pugilist was laid. He then described the carrying of Koster to the river, and his transfer to the steam launch or tug by means of a small sun ning skiff. A coat was placed under his head, and he was covered over with the coats of his friends. He seemed te be entirely unconscious. On cross - examination tho witness stated that the substance referred to in the direct examination was placed unon the inside of Weedcu's hands. While on the boat Koster did not rise up and say, "1 am done for." A considerable time he breathed and snored audibly; saw no one in the ring but Koster, Weeden and tho four seconds. Charles Koster. lo years ola, and a brother ot rhllin Koster. was then sworn. He was D resent at the liirtit and saw It from the beginning to the close. In the Inst round the two men were clincl.ed, and Weeden gave It to Koster with both hands; saw a slim man named Jimmy Kosc put something on Wceden's hand; saw his brother, alter the fight wis over, carried to the boat; did not think he was dead. When cross - questioned, witness said that he got a ticket to the boat from his deceased brother. 1'hiilin wanted to fight Weeden. THE DEFENSE. At this point District Attorney Slape an nounced that the Commonwealth closed its case. After a consultation Mr. Scovel was selected to open the case for the defendants. He went on to state that to prove the defendant Weeden guilty of murder in the first degree malice aforethought would have to be shown, and this could not be done. He was about to state that the defense would prove that the fight was forced upon Weeden by Koster and his friends, but Judge Reed interrupted him by remarking that no such evidence would be admitted ; that the conduct of Koster was not admissable. I lie speech of Mr. Scovel was brief and was mainly given to asserting that no ill will bad existed between the parties so fur as the defendants were concerned. i ne nrst witness caiieu tor tne ueicnse was or. Augustus P. 1) loonier, of 301 Dickinson street, Philadelphia, who stated that he was called in to see Koster on the evening of August 31, When he reached the bouse, at o'clook, Koster had been dead three or four hours. The witness said that Koster should have been given stimu lants when taken on board tne uoat, ana tnat his life was endangered by not having them. Several deaths were caused by sunstroke on August 31 ; it was nossiDle tor Koster to nave recovered irom the injuries received under proper treatment; he thought that grave doubts existed as to the true cause of death; the fatty degeneration of the heart would tend to make more dangerous the injuries received at the hands of weeden. un cross - examinauon, tne witness said he was not present at the post - mortem examination. At this point District Attorney Slape announced that the commonwealth would not ask a conviction for murder in the first degree. I lie principal defendant, weeden, was uoxt sworn and examined. He said that "balsam of fir" was placed within his hands to enable hiin

Clipped from
  1. The Times,
  2. 02 Nov 1876, Thu,
  3. Page 1

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