Subsequent to the termination of the 17th round, and previous to the referee giving his judgment, it was stated that while Deaf Burke was seated on his second’s knee Nick Ward went up to him and struck him twice or thrice in the face, and also struck Preston, and subsequently there was a battle raging between him and Preston, and then between Preston and Jem Ward, close to the referee. We have been further informed that if “time” was called, Burke refused to prolong the fight, alleging that Ward had struck him “foul” while on his second’s knee, and before the decision on the previous question had been given. With respect to all this, we confess we are unable to give an opinion; because we saw no part of it, being glad to escape from the overwhelming mass by which we were overborne. Our impression at the time was that the decision of the referee was conclusive, and that Burke was unable to come again, although, from the time occupied in the discussion, it is not improbable he might have recovered his wind and have once more met his man; still, in our opinion, with very little chance of turning the scale in his favour; but there is no calculating on the chapter of accidents. Ward walked from the ring in full vigour, and was seen walking about little the worse for wear, beyond the closure of his left eye, and we believe he would have seconded Corbett in the next fight had it been permitted. The Deaf’un was conducted to his carriage, and, like Ward, on recovering his wind was not materially damaged. He contended he was entitled to the stakes from Ward’s alleged foul conduct. Ward was so elated that he boldly challenged the winner of the coming great fight between Caunt and Brassey for £100—a challenge in which his brother Jem heartily joined.
Remarks.—We must say that in this battle Burke exceeded our expectations—his condition was far superior to that in which he fought Bendigo, and his style of fighting was excellent. He no longer gave his head as heretofore, but got it well out of mischief, and stopped beautifully, until exhausted by the protracted character of Ward’s tactics, and the failure of his knee, on which he could not be persuaded to wear a cap, when he became slow, and was fatally exposed to Ward’s rapid and severe deliveries with his left. He fought manfully, and with no more than proper caution, and had Ward been disposed, would have joined issue in the first round. Ward, however, evidently fought to orders; both he and his friends knew that while Burke’s vigour was undiminished close contact was dangerous; and Ward has a very strong antipathy to punishment which can be avoided. This he showed, not only from his so long stopping out, but by his getting down at the end of the early rounds. The moment he saw he had got the Deaf’un safe, he threw off all reserve, and his youth, quickness, and vigour enabled him to gain an easy victory, which the increasing slowness and wildness of the Deaf’un rendered more certain. Of his courage, however, we cannot say much—he wants “that within which passeth show,” and will never make “a kill-devil.”
The very next day the following notice was served upon the stakeholder:—
“I do hereby give you notice not to deliver up the stakes to the opposite party in the fight between me and Nick Ward, as I hereby claim the same from having received foul blows from my opponent, Nick Ward, while on my second’s knee, and before ‘Time’ was called. One of the umpires bears evidence that the last statement is correct, as a friend of the other umpire (Nick Ward’s) had taken away the only watch used for time-keeping, while he and my second, Harry Preston, were appealing to the referee with respect to a prior foul blow. My reason for entering the protest is in order that a meeting may be obtained with the referee and an appointed number of friends of each party, so that a proper and just arbitration may be obtained. I shall be prepared at that meeting to produce affidavits in confirmation of what I assert. My backers hold you liable for the amount of the stakes.
“24th September, 1849. “(Signed) JAMES BURKE.”
To this is added the following certificate from Burke’s umpire:—
“Nick Ward and Burke.—I hereby declare that no ‘Time’ was called after the appeal to the referee.”
Thus it would seem that this affair came to a wrangle, one of the misfortunes which arise from the headstrong folly with which the surrounding spectators rush to the ring the moment a dispute arises. Had they kept their places, nothing could have been more simple than the issue. The umpires disagreeing, the referee would at once have said “fair” or “foul;” and in the former, as decidedly must have been the case in this instance, “time” would have been called, and the men would have fought on, or he who refused to walk to the scratch would have lost the battle. But now comes a new position, all owing to the irregularity described, and of which we are persuaded neither the umpires nor referee had any knowledge whatever, except from hearsay. The obtrusion of any person within the ring, or close to the ring, until the fight shall have been fairly decided, is obviously wrong, and its mischief is here clearly demonstrated. The matter was now hedged round with difficulty, the decision of which could only be given by the appointed referee, and as he could not see the act complained of, his judgment was founded on the evidence submitted to him.
This decision quickly came, and was in favour of Ward, to whom the stakes were duly paid over.
Ward was now at the top of the tree, and confidence in his powers seemed to have come with victory. After sundry cartels and haggling about preliminaries, Caunt having defeated Brassey in October, Nick challenged Caunt for the honour of the title of “Champion.” Ben responded, nothing loth, and the subjoined articles were formulated by “the high contracting plenipotentaries”:—