The jury, after hearing the evidence of Mr. James Balding, surgeon, of Barkway, who attended Brighton Bill—and made a post mortem, with the assistance of Dr. Hooper, of Buntingford—returned a verdict of manslaughter against Owen Swift and against the seconds, "Dutch Sam," otherwise Samuel Evans, Francis Redmond, Richard Curtis, and "Brown, the go-cart-man," for aiding and abetting the said Owen Swift. The jury had the courage to add this significant rider:—"The jury feel themselves called upon to express their deep regret and concern that the magistrates of the adjoining counties of Cambridgeshire, Hertfordshire, and Essex, did not interfere to prevent the breach of the peace, so notoriously expected to take place for some days previously, and also for the fact that a prize-fight having taken place at the same spot about twelve months since without their interference."
This pointed reference to a former supineness of the representatives of the law was not altogether undeserved, for, on that occasion, the same Owen Swift had fought near the same spot against Lazarus (on June 1st in the previous year) for two hours, and extending over 105 rounds—evidence of itself that the "fancy" men had it all their own way in this happy corner of no-man's-land.
That there was no attempt to disguise the object of the gathering is shown by the fact that the fight took place so near the turnpike road that "the stage coaches drew up as they passed, for some time, to allow the drivers [and the passengers!] to indulge in witnessing the spectacle." Indeed, it is recorded that the spot and time of the encounter were publicly announced two days beforehand.
It was said to be the third fatal fight in which Owen Swift had engaged, while Phelps had only fought once before, and so brutal was the onslaught, that it is said bets were offered and taken on the ground, that both men would die in consequence of the injuries received! Swift was hastily got out of the way, and it was asserted that as soon as his friends in London knew of the fatal result, four expert fellows were sent off with a view to recover the body to defeat the ends of justice by preventing an inquest, a reward of L500 being offered had they succeeded!
The seconds were arrested, but Swift got away to France. When one of the seconds, indicted as Redmond, was placed at the bar, nobody could identify him—and it is said that this was believed to be due to his manipulation of beard, &c.—but the other seconds were identified.
The case came on for trial at the Hertfordshire Assizes in the same year, before Mr. Sergeant D'Oyley.
John Parr, the constable, (and a saddler) said that he saw 60 or 70 rounds fought, and that ten or twelve were fought that he did not see. There were "persons of high consideration" there, and many gentlemen's carriages.
One of the defendants' counsel, in the face of the awful experience of the misled and gentlemanly young Phelps, had the hardihood to "energetically contend for prize-fighting, which, in the opinion of many, formed that national character of courageous fairplay which was the pride of the nation."
The jury found the prisoners guilty, but "recommended them to mercy."