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Commonwealth vs. Matthias Rusk,
Gilbert Free-
land and Isaac Abrahams, charged with, first, an
affray; second, a riot; third, public fighting and as-
sault and battery; and fourth, a nuisance within the
jurisdiction of the court on the 15th day of April,
1843.
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Rusk and Freeland were put upon their
trial,
Abrahams not having been brought into custody
of the court. The bill of indictment upon which
they were tried was only sent to the Grand Jury on
Tuesday, including the name of Abrahams; the pre-
vious bill having been laid aside by the Attorney
General.
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Counsel for the Commonwealth, J.Fox
and J.R.
Fox. Esqs.; for Rusk, R.B. Dobson, Esq., of Phila-
delphia, and J.b. Steregere, Esq., of Norristown;
and for Freeland, Potts and Britenbough, Esq.
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Dr. James Maso sworn. - I was present
a short
time, near the close of the fight. It was a large as-
semblage for that place; most of them had formed a
ring; some were not in. Saw six men in the ring;
was near enough to see; two were knocking down,
and some were picking up. Saw twelve or fifteen
rounds while there. It was Moreland Township,
Montgomery county. There were two thousand
persons, more or less, around the ring; the ring was
eight or ten feet deep. heard a noise unusual for
the neighborhood. The fight took place about one
hundred yards from a public road and a quarter of a
mile from a dwelling. Don't know who were making
the noise. In the ring there was no noise. Saw
Freeland, after the fight, go into a carriage to the
public house; he seemed much exhausted; could not
tell whether from blows or fatigue.
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Cross-examined - I could stand and
count seven
houses, furthest, 1/2 mile off; nearest, 100 rods. I
stood by as a spectator; did not interfere or remon-
strate; was half way across a ten acre field; I was
not afraid.
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Christian Monier, sworn. - I saw them
fight; saw
Freeland and Rusk shake hands and then go to fight-
ing; Freeland was first there; they fought and knock-
ed down; lifted up and at it again; I saw Abrahams
there; can't say how many were in the ring; know
there were four seconds, and many persons standing
around; Rusk was there in breeches; I was there
about half the time, while 80 rounds were fought; it
was afternoon; I was at Willard's tavern before the
fight; I think the old gentleman drove them away,
and said they should not fight there.
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Cross-examined - Did not see Abrahams
fight; I
saw him sitting in the ring, but took no part; I went to
see the fight from the York Road; defendants were
not angry; they tried to hurt as much as they could.
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Thomas Barnsley, affirmed. - On
Saturday, about
15th of April, I saw these men, Rusk and Freeland,
fighting; tthe ring was formed with rope and stakes,
to prevent crowding; in the inside a lesser ring, 15
feet in diameter, where combatants and seconds were
in; fighting was the principal thing going on; they
fought two hours, perhaps more; on a knock down,
seconds put up and rested half a minute, then at it
again; they were naked to the waist; heard 172 rounds
were fought; the result was that Freeland was not
able to go out, and his party gave in that he was
whipped; one thousand people were present, princi-
pally strangers Philadelphian. The fight was in
Moreland, a few hundred yards from Huntingdon;
don't know Abrahams; each provided refreshments;
one of the spectators said Balty Sowers was one of
the bottle holders; heard great noise and triumphing
when on of the parties got knocked down.
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Cross-examined. - Huntingdon has
about four or
five houses, 6 to 10 persons in each house; what is
called the village is the store; heard no complaint to
justice of the peace; I was one of the crowd; first
saw the crowd at 11 o'clock, while on farm, plough-
ing; heard there was to be a fight, and went over to
the hill about 12 o'clock; I had curiosity to see the
fight; saw three or four of my neighbors there.
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John Carwithen, affirmed. - I saw
part of the fight;
went away before it was over; the people were
excited at their coming to fight; there were 1500 or
2000 persons present, but few neighbors; the crowd
seemed to be only lookers-on.
W.M. Laning, sworn. - I saw the fight; knew
Mr. Rusk and no one else; I was at the edge of the
outside ring; saw them strip, shake hands and go at
it; I was astonished at the quiet - no loud cheering;
Rusk was hurt and bled freely, the other not so;
was hurt appartently about the face and bled much;
Freeland could not come up; they faught upwards of
100 rounds; saw no lancing of eyes, each had three
assistants, two in the ring and one outside; don't
know where the people came from; knew but few
from Philadelphia; there was no terror nor alarm -
about 1000 people present.
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R.V. Ansyle, sworn. - I saw the fight
and knew
Rusk; can't say of Freeland he is so much altered;
100 rounds or more were faught; Irish Mike was
one of Rusk's seconds; neither saw nor heard of any
bets; no noise except at the close.
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A number of other witnesses testified
that they
saw the fight; but knew nothing of the defendants,
when the prosecution closed.
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Christian Monier, recalled by
defendant's counsel.
- I have known Rusk from a boy, he is peaceable
and industrious man; has a wife and children; I was
brought here by the commonwealth; Irish Mike and
English Joe were seconds.
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Jocob Horn, sworn. - Rusk is quite a
peaceable
man.
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After argument by the respective
counsel, and a
charge from Judge Burnside, the jury retired on Sa-
turday morning about 11 o'clock.
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The jury, after being out between two
and three
hours returned a verdict of guilty of riot, and not
guilty on the three other charges laid in the indict-
ment, and recommended the defendants to the mercy
of the court.
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Rusk and Freeland the same day were
sentenced
to pay a fine of $25, and undergo an imprisoment in
the county jail for the term of six weeks.
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