The witnesses gave the same evidence as that before the coroner. Turner being called upon for his defence, read from a written paper as follows:—
“My Lords and Gentlemen of the Jury
“Deeply impressed with the great peril to which I am exposed by the present charge made against me, and with the difficulty I necessarily experience in substantiating my innocence, owing to the danger to which most competent witnesses of the transaction would be exposed, were they to be examined, I must solicit your serious attention to such facts as I shall be enabled to lay before you, by which I trust not only my natural disposition will appear, but that on the occasion of the sad catastrophe imputed to me I was goaded into a consent to fight the deceased, who was himself a prize-fighter, and with the greatest reluctance I entered the ring, after being assaulted; and when I did so, as soon as I ascertained my superiority over my antagonist, I forbore on very many occasions, to avail myself of the advantages that presented themselves to me, and with the greatest reluctance continued the contest until the circumstance occurred which led to the unfortunate event which I must ever deplore, and which has placed me in my present awful situation. I beg to state that my pursuits in life are honest, my aversion to prize-fighting great, never having before fought a pitched battle; nor should I on this occasion, but for the great aggravation which will be proved I received. I assure your Lordships and gentlemen of the Jury, that I am totally innocent of any intention to seriously injure the deceased, and that there never existed in my mind the smallest particle of malice towards him. I trust, therefore, that my character for humanity and forbearance will have its due weight on this occasion.”
During the time the clerk of the arraigns was reading the defence, the feelings of Turner were so oppressed that he was observed to shed tears.
His counsel, Mr. Andrews (who had scarcely time to look over his brief, in consequence of Mr. Adolphus not being in court, although retained some days previous to the trial for Turner) then proceeded to call a multitude of witnesses, all of whom gave him an excellent character for humanity and mildness of disposition. Some of them stated that he had never fought a prize battle before, and that he was urged to the contest by the frequent importunities of the deceased, who was not easy until he obtained his promise to fight him.
Baron Graham, in charging the jury, said this was not a case accompanied by any circumstances that indicated previous malice on the part of the prisoner. It appeared from the evidence that the prisoner was not one of those men who devoted themselves to the dangerous profession of prize-fighting. He was, it seemed, considered to be a young man of boxing skill and prowess, a victory over whom would increase the fame of his opponent, and therefore he was urged, nay, goaded, to fight the battle which ended so lamentably. There was certainly premeditation enough on his part to make the crime murder, provided the parties had fought with dangerous weapons, which were likely to produce death. The law was quite certain and decided on this point. For if people met (a smaller period even than a day having expired between their quarrel and their meeting) to fight with deadly weapons, and death ensued, then that was murder, because what the law called malice was apparent—the act was done in cold blood. The present appeared to have been a display of manhood and courage; and whilst they disapproved of such a rencontre between two young men, they could not feel that horror (this being a trial of natural courage and manhood) which, under other circumstances, they might entertain. Under the circumstances stated, the prisoner and the deceased met to fight on the 22nd of October; but they met to fight with those natural arms which, certainly, when strong men were opposed to each other, might produce fatal effects, yet were not in general likely to occasion dreadful consequences, and the contemplation of which could not excite those feelings which deadly and dangerous weapons were calculated to produce. It seemed evident that nothing like malice existed in the mind of the prisoner. It was, as he had before observed, a trial of prowess: no malice appeared, at least on the part of the prisoner. He did not wish to cast any reflection on the memory of a dead man; but, looking strictly to the circumstances, perhaps the imputation of an angry feeling might rest on the deceased. It was in evidence that, during the contest of nearly an hour and a half, the prisoner had cautiously and humanely avoided using, to the extent he might have done, the decided advantage and superiority which he had over the deceased. There was nothing in his conduct like deliberate cruelty, or a desire to injure his adversary, farther than the result occasioned by his efforts to show himself the better man. Water, it appeared, had frequently been thrown upon the deceased in the course of the fight, he having previously taken large quantities of a very powerful medicine (mercury). But a medical gentleman had stated that such ablutions could not have materially affected him at that time; and perhaps, considering the exertions he was making, they might have refreshed him. The prisoner evidently showed that humanity which did him credit and honour. It appeared that he greatly regretted being obliged to continue the fight, in consequence of the determination of the deceased. The principal part of the charge, therefore, that of murder, was quite out of the question; but there could be no doubt of the killing and slaying, which the law considered a very high offence. The consequence had indeed been fatal to that unhappy young man; but it would be extremely unjust to say Turner was responsible for those consequences, as being the cause of them. It was a fact, unquestionably true, that Turner had no hostility whatever to the deceased, for, on the contrary, he had shown himself actuated by the purest motives of humanity during the whole contest; and, likewise, the numerous previous insults the deceased had offered to Turner, were long and painfully endured without any retaliation. This was honourable to his patience. The taking away the life of the young man by the prisoner was clearly proved; for the surgeon had stated that death had ensued, as he had expected, in consequence of the injuries he had received.
The jury, after a short consideration, returned a verdict of Manslaughter against the prisoner, but earnestly recommended him to the merciful consideration of the court, on account of his humanity and forbearance.
Mr. Baron Graham observed that the court participated in the feelings of the jury.
At the end of the Sessions Turner was sentenced to two months’ imprisonment in Newgate.
During the confinement of Turner he conducted himself with so much propriety and decorum as to merit the attention of the head keeper, who granted him every indulgence consistent with the rules of the place. He was also visited by many of the highest patrons of pugilism.