St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-15
OBJECTS TO IMPRISONMENT.
Kilrain Appeals From the Pen.
atty for Assault and Battery"

PURvIs, Miss, Dec. 14.-At s:45 this
morning court convened. all the parties
interested in the Kilrain trial being
present. Four talesmen were brought
in. Two were challenged for cause,
and the other two, Daniel Boone
and Archie Rogers. were accept
ed, making twelve men. The
Jury as accepted were repre-
gentatiyes. There were three
negroes and the others were white men
from the back country. Mr.. Melville
read the Indictment of Jake Kilrain for
pTize-ightlng and assault and battery.
Kiirain listened attentively and pleaded
not guilty to both counts. W. W. Rob
ins0n, mayor of Purvis. testified ma
terially as he did in the Sullivan trial.
He saw the battle; Kilrain received
$1,000 from Harding and bet it with Sui
iiYan; they then fought each other until
kilrain was exhausted. He described
the ring and the incidents Of the fight.
j. ~. Holleman, keeper of the Purvis
hotel, was the second witness. He was
only asked whether
He ATTENDED THE FIGHT
ana if it took place within Marion
county. He was there, he said, and
saw that it was 500 yards from the divid-
ing line Of Perry and Marion counties.
t. r. White, of POplarville, went to
RIrhburg the day before the tight. He
saw Kilrain place 81. 600 in the referees
hands and saw Sullivan cover it with q
like amount; saw kilrain strike Sulli-
van and bring blood from Sullivan's
face. J. Fl. hinton, of LumbertOn,
testified that Kilrain and Sullivan
jumped into the ring in tights and
fought for about two hours;
saw the money placed in
Referee FitZpatrick'S hands; saw
anger displayed by Kilrain
during the fight. John Fitzpatrick, of
New Orleans. testified that he was
referee of the Richburg fight, having
been selected by the spectators. He
was called upon. but objected to acting,
as he was not familiar with the rules
of the position, They insisted and
witness accepted. Two thousand dol
lars was placed in the witness hands,
half the amount being handed him by
each principal; witness gave the money
10 Sullivan in New Orleans the next
day. Mayor Robinson was recalled.
The names of the fighters were John l..
Sullivan and Jake Kilrain; corners
were selected by the tossing of coin;
the sheriff commanded peace before the
fight began. but was
UNABLE TO ENFORCE IT.
This concluded the case for the state,
the taking of testimony lasted less than
one hour. The defense offered no wit
DesSeS and an hours recess was then
taken. Mr.. Melville read the charge of
the prosecution as TO what constituted
priZe-f1ghting and assault and battery.
Then he addressed the jury. defining
their duties as representatives OF the
law. The principal points of the charge
were that even if the fight was test of
a manhood for prize, even if the money
wageTed belonged to other than the
principals, If they entered the ring will
ingly. even if there was no anger dis
played, the accused was guilty
as charged. The eloquent at
toTney rapidly reviewed the
testimony and the details of the
fight. Lawyer Deason lead for the de-
Tense. 1t was social combat, said he,
not fight. The prosecuting counsel
has been a little too imaginative in pre-
senting his case: the Jury must take
their opinion, not his. He read the
charges for the defense, defining what
would be causes for an acduittal. Mr..
Melville closed for the prosecution. The
fight was dissertation of Mississippi
SOIL. lie SAID 1t was an insult to every
city of the state and a direct act of
ErampliDg upon her laws. The evidence
was clear, the law direct, neither could
be misconstrued. There can be no ques-
ton about it.
A PRIZE FIGHT WAS FOUGHT.
The defense graSped at straws like a
drowning man. There was a sufficient
evidence to show that the fight took
place in Marion county not in Perry.
There were no conflicts in testimony.
1t Is triffing with the jury's intelligence
~ dispute that a fight for $1,000 did take