Remarks.—Upon the character of this protracted fight we have few observations to make. The length of time which two men of such size continued to attack each other, and to pour in a succession of blows, without any decided effect, proves that, as compared with the olden members of the ring, they did not possess those punishing qualities which are essential to an accomplished boxer; and that they have earned little of that admiration which, in former times, was excited by the slashing execution of big men. Burke evidently possessed more cunning than Byrne, and often took him by surprise by threatening the body when he meant the head, and vice versa. The early injury to Byrne’s right hand was a decided disadvantage, and had he fought more at the body, from Burke’s sickness, it was considered the result might have been different. Taking the battle as a whole, however, it certainly entitled the men to the greatest praise, and placed them on record as boxers of the highest courage and extraordinary powers of receiving. But for the disorder which prevailed, we have no doubt the contest would have elicited universal astonishment, especially towards the finish, when the adversaries rushed to each other repeatedly, and hit away with unshrinking courage and perseverance, never going down without a mutual dose of pepper. As the battle drew toward a close, Byrne missed many of his left-handed counters, and in the 98th round received such a stinging hit with the right on his temple, that on coming up for the last time, it was clear his chances were gone by. The Deaf’un rushed in to finish, and, being still “himself,” had only to hit out and end his extraordinary labours.
The men, after the fight, were re-conducted to their respective quarters at St. Alban’s, and were both put to bed. Byrne was bled by a surgeon, but continued in a state of stupor. His punishment seemed to have been severest on the left side of the head; his left eye was completely closed, while his mouth and face generally were much swollen. In the body, too, there had been many blows, especially on his left side. He received every possible attention, and a gentleman who had been extremely kind to him in his training remained with him the whole night. Burke was by no means so great a sufferer, although he bore severe marks of hitting, and his arms, from the shoulders to the wrists, were black with stopping. To his heavy falls his sickness was principally attributed. As a proof that he was “all right,” as he said, after lying in bed a few hours, he got up and dressed, and went to town the same night, and showed at Tom Gaynor’s, where he received the congratulations of his friends, and talked of throwing down the gauntlet to all England as soon as he recovered.
In the same paper we find that poor Byrne’s state had become very precarious on the day after the fight; that his head had been shaved, and leeches applied to the bruised parts. It was thought by his friends that his mind was deeply affected by his defeat, and that he suffered as much from this feeling as from bodily injuries. On the Saturday night intelligence was received in town that the poor fellow was much better, and it was hoped out of danger, but these hopes, unfortunately, were not destined to be realised, for we find in the next number of Bell’s Life, the following remarks:—“Poor Simon, on the Saturday after the mill, became so much better that he was apparently quite himself, and expressed his thanks for the attentions he had received. He said, ‘if he died, of which he had a presentiment, his death would be more attributable to the irregularity of his mode of life before he went into training, than to any injury sustained in the fight.’ His mind, however, was evidently deeply affected by his defeat, and he frequently declared he would rather have died than been beaten; and, indeed, such was his increasing nervous agitation, that in the course of the evening he again relapsed into insensibility, from which he did not afterwards recover. On Sunday morning an express was sent off to London for Spring, who had been called to town on business. He immediately obeyed the summons, and on arriving at St. Alban’s, and finding the precarious state in which Byrne was, at once sent for Sir Astley Cooper, who humanely proceeded without delay to the house where Byrne lay, and entered into consultation with the gentleman who was in attendance. Sir Astley at once saw that the case was hopeless. He, however, administered such remedies as he thought best, and remained with the poor fellow until his death, which took place at half-past eight in the evening. It was believed by both medical men that the symptoms of the unfortunate man were aggravated by his depressed state of mind at his defeat. There was also a strong belief that the reflection of his having been instrumental to the death of Sandy M’Kay also preyed upon his spirits, as he expressed a presentiment of his own death. From the first moment of his entering the ring, it was observable that his countenance wore an aspect of deep care and thought, and when Burke was distressed, he regarded him with evident feelings of commiseration. While he fought with manly courage, and never shrank from danger, it was clear he was not following the suggestions of his nature. He was not, in fact, a quarrelsome man, but on the contrary, seemed animated by the most kindly disposition, and was alike mild in his manner and his language. Burke, also, although a rough, unpolished man, evidently had no feeling of animosity towards his unfortunate antagonist; the only object he had in view was to obtain victory. In fact, no two men ever entered the ring whose sentiments towards each other were so thoroughly devoid of malice, and whose object was so entirely wrapped up in the desire of fame; the one being influenced by a wish to wipe out the prejudices excited most unjustly from a former defeat, and the latter by anxiety to excel in a profession which from his boyhood was the darling object of his ambition. With all his roughness, however, Burke has given traits of an excellent disposition he has on more than one occasion risked his own life to save the lives of others. He is also strictly honest and sober, and altogether his character stands so high that this alone has led to his obtaining backers.”
The inquest was held on Byrne on the Monday after the fight, before Mr. Blagg. Some of the witnesses deposed that the men were often carried to the scratch; and that towards the conclusion of the battle they did not think they could have gone up alone.[18]
Mr. Kingston, a surgeon of St. Alban’s, who attended the deceased, stated that he bled him, and applied leeches to his head; that there was concussion of the brain, but that the deceased was occasionally sensible. Witness attended him constantly until his death. On a post mortem examination he found a great deal of extravasated blood about the left side of the head. The brain and dura mater were also distended with blood. The heart, liver, and intestines were perfectly healthy. Deceased was a fine, muscular man, and witness attributed his death to the congested state of the brain, combined with prolonged and violent exertions, and the mental suffering under defeat.
The Coroner: “Then deceased came by his death from the blows?”—Witness: “In my opinion, had the deceased been the victor instead of the beaten party there would have been a chance of his recovery. There was not sufficient injury on the head to account for death.” The Coroner attempted to find out the names of the time-keeper and referee, but without avail, and at length summed up, and the jury returned a verdict of “Manslaughter against Deaf Burke as principal in the first degree, and Tom Spring, Jem Ward, Dick Curtis, and Tom Gaynor, and the umpires and referee as principals in the second degree.” The coroner then made out his warrant for the committal of the parties against whom the verdict was returned.
The body of poor Simon was buried at St. Alban’s, on the Tuesday after the inquest. He was 32 years of age. An appeal was made by the Editor of Bell’s Life in London for the poor fellow’s widow, which was headed by himself with five guineas, and to this, the same week, the Deaf’un, Spring, Ward, Gaynor, and Curtis each added a similar sum, and in a very short time the sum of £262 was raised for the unfortunate woman.
The Trial.—On Thursday, July 11th, 1833, the trial of Spring, Ward, Gaynor, Curtis, and the Deaf’un took place at Hertford Assizes. On the previous day, when Mr. Justice Bailey charged the Grand Jury, he alluded to the case in a humane and impartial manner, and the Grand Jury found a true bill against all the parties concerned. On the Thursday morning, Burke and Dick Curtis, who had surrendered, were put to the bar before Mr. Justice Park, and pleaded not guilty. As Spring and the other two accused did not surrender at first, the trial of these men was proceeded with. Witnesses were first called who proved that the fight had taken place, after which Mr. Kingston, the surgeon who had attended Byrne up to the time of his death, was examined. He described the post mortem examination, and the appearance of the body, in similar terms to those which he had used before the Coroner. He next said the fulness of the vessels of the brain might be caused in various ways, by blows, or falls, or excitement. After three hours’ fighting such an appearance might be produced; the exertion might have caused it without a blow. He did not find the vessels of the brain more distended where the bruises were than in the other parts; the cause of death was the congested state of the brain.
Examined by Mr. Justice Park: “Then, finding the vessels in the same congested state all over the head, as you have described, should you attribute that appearance more to general exertion than to blows or external violence?”—Witness: “The exertion the deceased underwent would have been sufficient of itself to have caused this appearance. I cannot say that the blows he received were the cause of death, either in the whole or in part. That was the conclusion to which I came on the post mortem examination.”
Mr. Justice Park, after hearing this statement, addressed the jury, and said, “Gentlemen, that makes an end of the case. The indictment charges that death was occasioned by blows and violence, whereas it appears the deceased died from other causes. The prisoners, therefore, must be acquitted.” The jury immediately returned a verdict of “Not guilty,” and Burke and Curtis were discharged from custody. Messengers were then despatched to inform Spring, Ward, and Gaynor of the result, and they then surrendered and were placed at the bar. No evidence, however, was offered against them, and a verdict of “Not guilty” relieved them from their anxiety.