The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-13
AWAITING THE INDICTMENT
Sullivan and Other Participants in the
Great Fight Before the Grand Jury.
Judge Terrelrs Charge-The Pugilists Are in
Good S~pirits-New York Sports Thrown In
TO ConsternatiOn-NO Report Yet Made.

ChfAos 1A4oo.s mug -"
opened the special term of the Circuit
Court this morning at 10 o'clock. sullivan,
referee Fitzpatrick, Bud Renaud, Captain
Tom Jemison, Charles Rich, Superintend-
ent 4. l.. Tyler, of the Queen N Crescent
road; Harry Smith and the Gibberts, the
latter three being Rich's employees, were
present in court ready for trial. Superin-
tendent Richard Carroll, OF the Queen u
Crescent, and Pat Duffy, were absent. The
grand jury having been sworn, were
charged by Judge Terrell on the law of
prize fighting and assault and battery.
The grand jurors then retired for consulta-
ton, and il is hardly probable that they
will be ready to submit their report to-mor-
row. The entire party are III good spirits, but
anxious that the case shall be concluded as
soon as possible. District-attorney Neville
is in attendance conducting the prosecu-
ton.
The entire party who spent the night
here, defendants in the priZe-fght case,
with sheriff and jurors, were up early this
morning. People came here from miles
around, the major portion of them out of
curiosity. Sullivan conversed with all who
came In contact with him. Quite a Grove
soon gathered about the depot. awaitin,
the arrival of the train from Meridian.
which came IN on time, bringing Judges
Terrell. District Attorney Neville and a
nq6 q D;f3 of attorneys og fSs I JoSgs I Z 6bio l Is;I,
road. He is a splendid specimen of phys
ical manhood, speaks deliberately, and is
considered a first-class jurist, most of his
rulings having been confirmed by the Su-
preme Court. The judge stated that this
special term of court had been called partly
at the request of the Governor and partly
from the demands of the good people of
Marion county, as made known through the
public prints, and, furthermore. because
the regular term of one week in December
would be inadequate to the necessities
which the priZe-hght would add to the reg
ular business of the term. He had, there
fore, yielded to what seemed to be the re-
qulrements of the public service, and called
this special term to dispose of this special
business.
All the accused are here except Pat Duffy,
whose absence was accounted for by the
district attorney, who had failed to notify
him. General Superintendent Carroll, of
the Queen az Crescent, was not present. but
the general belief is that he will not be in
dicted by the grand jury. The foreman of
the grand jury is L. r. White, a m%ill-owner
one of the stands at Richburg fell,
during the fight, Mr.. White was the
only person injured. The grand jury are
an intelligent body of men, and are highly
spoken of by the citizens. Judge Terrell,
in his charge to the grand jury, said: Gen
tlemen, but little need be said of the prize
fight which took place at Richburg on the
9Th of July last. The principals in said
tight, and all accessories before or after the
act, are guilty of a high misdemeanor. A
fight By consent, without anger or ill-will,
between two parties, without any stake,
freward or prize whatever, would be a seri-
GUS crime under our law, made by legisla-
tive enactment; you are bound by your
consciences to act upon the law as declared
to you from this stand. Anger or Twill is
not necessary to constitute q crime of as
sault and battery, nordoes the consent Ofthe
party tax away the guilt of the offense.
A battery is any unlawful, physical force in
fictlng injury or hurt upon another,
whether done IN malace or -wantonness; it
need not be in anger The Judge pro-
ceeded at length to illustrate by examples,
n cite authorities ~substantiating the in
depreciation of the law as laid down by
him. Delivery of the charge occupied
about fifteen minutes. Counsel for the de-
Tense, who were attentive listeners, pro-
nOunced the charge very fair and moderate.
Outside of the legal gentlemen the opinion
prevailed that under the charge it would
be impossible to find indictments against
any but Sullivan and Kilrain.
District Attorney Neville said tonight
that he could not tell when the grand jury
will return any indictments. While de-
termlned 10 vindicate the law, the jury
would have to have full and satisfactory
proof before making any finding. He knew
that one OF the grand jurymen is one of
the bondsmen for some of the accused. but
he had not objected to him because he knew
the gentleman too well to have any fear on
that ccount. Mr.. Neville stated that some
suggestions of compromise had been made
to him. but said be could not listen to any
proposition until the grand jury had
reached some decision. He cannot accept
any compromise, but can recommend one to
the court, which is the tribunal in the mat
Ter. He could not say what would happen.
For the present he was attending to the
grand Jury.
Nothing to : night indicated that the
grand jury had done anything to-day.
showed that they were not aware that the
grand jury had found an Indictment to-day
against Sullivan and kllrain. Although
they have not presented the indictment to
the court, 1t was agreed upon. District
Attorney Neville was asked tonight If Sui
Ivan and Kilrain have been indicted, on
what charge could it be. After a few sec
onds pause he replied: "WeIl. on three or
four different counts-prize-fighting, as
SAUL and battery, gambling, etc." The in
dictments may not be presented to the
court until late tomorrow afternoon.
CONSERVATION at New York.
NEW YORK, Aug. 12.-When the news
reached the city this forenoon that a
Mississippi grand jury had found indict-
ments against the New Workers who had
taken a hand in the prize-ight by aiding
and abetting," there was CONSERVATION
among the sports, and it was deemed expe-
diem to take some decided steps to pro-
tect their rights" as American citizens.
A small coterie of friends. sympathizers
and hackers got together n figured on
the particular individuals Governor Lowry,
of Mississippi. would ask Governor Hill, of
New York. TO surrender to him. 1t was
quite a list they made out. and here are
some OF the principal members: VIM. Null
doom, Charlie Johnston, James Wakely,
Jack Barnltt, Michael Cleary, Jack Cusick,
Dan1e. Murphy, Charlie Henkle. VIM. III.
German, Arthur Lumley, Frederick Will
lets II Thaddeus Rich.
These gentlemen were either directly or
Indirectly alders and abettors in behalf of
the great John l.. On the other side of the
house the men selected as victims of Gov.
Lowry's vengeance. aside from Jake Kill
rain. are Frank Stevenson, VIM. L. Hard
ing. Mike Donovan, Denny Butler. Richard
X. Fox, Lewis Ii. Allen, Ed Mallohan. Billy
Madden Billy OBrien and Pat Sharkey.
Lewis b. Allen, in the law office of Howe
e. Hummel. is the gentleman who planked
down 5000 in the Clipper office for Kilrain.
IL was said late this afternoon that the
adherents of both parties had agreed TO
raise a flag of truce. shake hands. and see each
other through. One scheme reported was
in effect that the party should 90 South and
surrender TO the Governor. But the scheme