10th September 1829
Reference Numbert18290910-51
VerdictGuilty; Guilty; Guilty
SentenceImprisonment; Transportation

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Before Mr. Baron Vaughan.

1582. WILLIAM DAVIS . PATRICK FLYNN and MICHAEL DRISCOLL were indicted for feloniously killing and slaying Frederick Winkworth .

MR. BODKIN conducted the prosecution.

THOMAS WINKWORTH . I live at No. 11, Osnaburgh-street, Regent's-park. I had a brother named Frederick. - On Sunday the 26th of July. I was outside the King's Arms, Tottenham-court-road, with him; a sawyer was with him, whose name I do not know - I was never in his company before; neither of the prisoners were there that morning - I met my brother at the same place on the following morning; he was having his shoes cleaned outside the door - it was about nine o'clock; I went from there to the Bromley Arms, kept by Eales, in Cleaveland-street, Fitzroy-square - my brother came there after me in a coach; I do not know who was with him: several were in the coach - Flynn and Driscoll, his two seconds, were at the house; whether they came in the coach I do not know - I did not hear in the prisoners' presence what the fight was to be for; I heard there was to be a fight, and the winner was to have a certain sum - that was said at Eales' previous to the coach arriving; Flynn and Driscoll might have come in the coach or after it - I was there some time before it arrived: I saw them there before it left - it waited there to take up somebody else; I do not know the names of the persons who went in the coach - I went for one, but got out in Hampstead-road, near the Mother Red Caps, and walked; my brother was one - I think there were five or six in all in the coach; neither of the prisoners were there that I know of, but as far as Hampstead-road there were five - I got out in Hampstead-road Paddy Flynn got in my place, and Chicken (Driscoll) was outside; I believe there were several outside - I believe Driscoll had been outside all the way; I had seen Driscoll and Flynn before - I think I have seen Flynn at the Tennis-court - Eales, who keeps the public-house, has been a pugilist, but has retired from the ring some years: Driscoll is called the St. Giles' chicken, and Flynn, Paddy Flynn ; I believe they have fought in the ring - I have read an account of them in the paper; I went to the Red Lion, at Hampstead , and met the persons I had left in the coach - the party assembled there: we went to a field at the back of the house called Tebbet's-field ; a ring was formed, and they commenced sparring-Davis and my deceased brother were the combatants; Flynn and Driscoll were his seconds - James Raines and Edward Murphy were Davis' seconds; several others, called "beaters out," were in the ring, and several with watches in their hands - I do not know that any particular time-keeper was appointed; I did not hear "Time!" called during the fight - I was in the ring part of the time; they first went into the ring about two o'clock, and began to spar - the constable interrupted them, and they went to another field not far off: I should think a good mile - my brother rode to the second field; he was in very good health, and said he never felt better in his life - a ring was formed before he left the coach; the two fighters, and the same four seconds entered the field - I believe, in getting over the fence of the field. my brother sprained his ankle, but it got better and he did not go lame into the ring; he was a much slighter man, and not so heavy as Davis - the fight began; my brother was gaining the battle fast at the outset, but in one part of the fight he slipped and fell without a blow being struck: several parties called out "Foul!" and went into the ring to see how he had slipped; it was found a hole had caused it, and it was declared fair - they went on fighting; I went into the ring at that time to take some brandy in, and to prevent the fight if I could, but I was beat out - my brother was generally undermost at the close; they fell together, Davis generally uppermost - when my brother fell Flynn and Driscoll picked him up, and attended to him as seconds generally do; I should consider the fight continued half an hour, but my anxiety was very great - I was chiefly attending to my brother; I was inside the ring at several parts of the fight - I was frequently at too great a distance to hear what my brother might say.

COURT. Q. You could tell what state he was in, whether he was able to go on? A. After he fell he gave two tremendous blows to Davis, and the battle was certainly very much in his favour - he was gaining ground till he gave in himself; the last round he fought, his seconds took him on their knees; he was brought up to the mark to fight again - he shook hands with Davis, and put an end to it himself.

MR. BODKIN. Q. Do you mean to say that at that time he exhibited no symptoms of weakness and exhaustion? A. He was weak the same as the other man - he stood to the scratch himself, and put out his hand; he did not speak a word from that moment till he died, for I

never left him - he was quite insensible when carried off the ground, and remained so till his death, which was about five o'clock the evening following; neither of his seconds assisted in carrying him off the field.

COURT. Q. Had he been training for the fight? A. In the morning at breakfast he had 1 lb. of beef steaks, and told me he had done so for a fortnight each morning.

Cross-examined. Q. Was he considered the favourite? A. He certainly was; he gained the battle fast at first, and was a much better man than Davis - he was afraid to come near him: my brother was generally the first to strike the blows - many people went into the ring when"Foul!" was called, and were beat out; it was after he fell that the fight was so much in his favour.

Q. When he came up to the scratch at the last round who bad the best of it then? A. It was evident my brother had the worst then, on account of the fall - it was proved the fall caused a concussion of the brain, and not any blows.

JOHN PHILLIPS . I am a broker, and live on Red Lionhill. I was going home, and went to see this fight at Child's-hill, Hendon; it joins Hampstead parish - I got there about a quarter-past two o'clock, and was there when the ring was formed, and the whole of the time; I consider the fight lasted about an hour and a quarter, sixty or seventy rounds were fought - Davis decidedly had the advantage at the latter part of it, but at first I considered the deceased to be a much better boxer; Davis was the strongest - the other two prisoners acted as seconds - they fought about half an hour, and then Davis appeared getting the advantage; the deceased often came up after that, merely to be knocked down - that was generally the case; he appeared weak, and incapable of resistance, merely striking a blow and going down with it; he seemed to fall with the blow often, without being struck by his antagonist - it was considered that it was done to gain wind: I never heard him say any thing; I saw him come up the last time - he was brought up by his seconds to the scratch, and they retired; he stood up, and put himself. in a fighting attitude, then dropped his arms, and put out his hand - Davis shook hands with him, and Winkworth was carried away; a very stout man took him up in his arms to the outside of the ring; he had not fallen down.

Q. Was he able to walk out of the ring? A. The ring closed in directly they shook hands, and I could not see them; I saw him being carried out of the field; he appeared in a very languid state, and insensible - his head lolling over the arms of the man who carried him away; they took him towards a coach, but I did not follow; I have been at prize-fights before - I heard no observation about taking him away; in my judgment he fought a quarter of an hour or twenty minutes longer than he ought to have been allowed - I heard Driscoll during the fight, urging him on, saying, "Give him one for me;" the seconds on both sides excited their men, undoubtedly.

Cross-examined. Q. Are you not a constable? A. No, I have been one; I did not act as one on this occasion - I know nothing about Driscoll surrendering himself; I heard, "Foul!" cried on one occasion, when the deceased fell without a blow - I was present when a constable of Hampstead interfered; he said they must not fight in that parish, but go elsewhere - I heard somebody say, "Go to Child's-hill, and fight it out there;" I cannot say whether that was said by the constable or not.

TIMOTHY COLLINS . I am a green-grocer, and live at Hampstead. I was at the fight at Child's-hill: Davis appeared the strongest man - I was in the ring, close to the deceased: he was distressed from the beginning of the fight, and as long as I stopped, which was not till the end - I thought at first he was the best man, but the weakest; he was in distress, but the best at sparring - he fell every time; sometimes they fell together, and sometimes he fell alone - I thought it was from weakness in his knee; he was always undermost while I stopped: I heard him say,"So help me G-d, I am not able to fight any longer;" that was when they had fought about a quarter of an hour or more - he said that to Flynn and Driscoll, his seconds; they took him up again directly, as usual, and one of them(I think Driscoll) patted him on the back; I stopped about a quarter of an hour after that, and left the fight going on- the deceased seemed very weak all the time; he was lead up to the scratch, and sometimes fell without being struck; he did not appear in a fit state to continue the fight.

Cross-examined. Q. How long do you think he fought after he said he was not able? A. I think it must have been three quarters of an hour after, from what I heard, but I left in a quarter of an hour; I went out of the ring and laid down - I saw no more, but in three quarters of an hour after I left, he was brought out of the ring; I heard him groan - I was in the field all the time; I heard"Foul!" cried once; there were not a great many people there.

JOSEPH HUNT . I sell fruit, and live at Hampstead. I saw the latter part of the fight; it had began when I got up - I saw the deceased brought up to a place; he seemed very insensible, and not able to fight - the seconds brought him up to the scratch, and when they brought him up he seemed to lay his head on his second's shoulder - they had hold of him by the arm, and he leaned his head back on one of their shoulders, when he got to the scratch, before they left him; it was then said the battle was lost - the people rushed in; he was put into a coach, and taken away.

Cross-examined. Q. Were you outside the ring? A. Yes; I did not see him put himself in a fighting attitude; he might have done so.

MR. WILLIAM HENRY STEPHENSON . I am a surgeon, and live at Hampstead. On the 27th of July, about half-past four o'clock, I saw the deceased at the Red Lion, in a perfect state of insensibility; I found bruises on his face, and blows about the eye - he had the usual symptoms of compression of the brain; I resorted to the usual remedies, but without effect - I had scarcely any hope of him: he died about five o'clock the next day - his head was opened in my presence, by Mr. Kearney, who is out of town: on the whole surface of the right hemisphere of the brain, there was from four to six ounces of blood effused, extravasated blood, on the surface of the brain, arising from a rupture of a vessel; that was quite sufficient to cause his death - a person falling repeatedly in pugilistic contest would be likely to occasion that.

Cross-examined. Q. Might the appearances have been

occasioned by a fall, as well as a blow? A. They might.

COURT. Q. Might not the very excitement or action of fighting, when the powers of the brain are put to their greatest extent, occasion a rupture? A. It is possible; I attribute the death to the whole fight, in combination; the brain being in that state, one particular fall would then cause it - the greater the excitement the greater the predisposition.

MR. CHARLES LAW . I am a surgeon, of Hampstead. I saw the deceased two hours after Mr. Stephenson, and was present at the opening of the head - I perfectly concur in his opinion; the blows and falls he received were quite sufficient to produce the extravasation of blood, which caused his death.

Cross-examined. Q. Might not a severe fall be sufficient to account for it? A. One alone might, but the circumstances altogether are more probable; one single fall might create the rupture, but which fall, I, of course, cannot say.

Davis' Defence. The deceased was a man who, for the last two years, was continually brow-beating me; he has struck me, and challenged me to fight - I have refused to fight a man with a family; I am a writer and engraver by trade, and have a family - I never would fight him till one night; he met me drunk a fortnight previous to the fight: he said, "Well, Bill, I should like to fight you above every body, because they call you the slashing painter - why won't you fight me; I can get money to fight;" I said," I shall not fight - you can get a living where I cannot:" I knew he had fought many battles before - he would, when intoxicated, up with his fist, and strike a man in a moment - he would go into public-houses, drink people's beer, and if they spoke, spit in their faces; when I told him of my wife and family, he said, "Wife and family be b-d; she is a bl-y wh-e;" I said, "Well, Bill, if it has come to that, I will fight you to-morrow, which was agreed to; he came to me in about an hour, and said, "I won't fight you to-morrow - I will fight you for money;" I said, "Where am I to get money?" he said"You can get money at Eales';" he appointed to fight me on Monday fortnight, and we fought.

Prisoner Flynn. I wish to ask Collins if I could hear the man say he would not fight any more.

TIMOTHY COLLINS . Yes; he was quite near enough to hear it; he did not say so only once, but several times.

EDWARD LOWE . I am a carver in wood, and live in Tottenham-court-road. I have known Davis two years and a half; he bore a quiet good character, and was a hard-working man; I was present when the deceased struck him - that was eleven months ago; he has frequently challenged him since: I have heard him call him abusive names - he has said, "I should like to fight you, because I could warm the wax in your ear-holes so nicely."

FRANCIS MAY . I am a shoemaker, and keep a house next door to Davis - I have known him nine months; I advised him not to fight the man, but he said he had been so grossly insulted he could not brook it any longer.

DAVIS - GUILTY . Aged 24.

Confined Twelve Months .

FLYNN - GUILTY . Aged 25.


Transported for Life .

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