The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1889-08-22


the power ofISe State and the ann rr
the law were adequate 10 bring the dc
fendant tojustice and secure conviction,
and it seems from all the history of tn"
case that the defendant should be ad-
judged to pay the tne. That was the
sentiment of the State, the press and the
people.
Judge Calhoun also asked for Glenn
ency, and said the English Courts
never imposed more than three days
imprisonment.
There was then q pause, which was
broken by Sullivan himself. The cham
pion turned up before the Bar, and
Speaking in a loud, clear and steady
voice, said:
"Yonr Honor, I desire to make a few
remarks. / can only ask for your Glenn
ency in this matter. No doubt have
done something wrong, but, us my
counsel told you, / was ignorant of
the law am not as oratorically as
distinguished as the district attorney
on my right, or my counsel, who have
addressed you, and, therefore, | beg to
remark that l am your humble servant,
John l.. Sullivan"
Sullivan sat down and looked about
waiting his doom. There was another
pause, Thesilence was SO deep that an
occasional whisper was heard as dis
tinctly as an uprOar in the dead OF the
night. Judge Terrell then spent several
minutes examining the petitions for
mercy. He broke the silence by quietly
ordering Sullivan to stand up. The
,L u
chest and looked the court full in the
face, evidently determined to maintain
/ self-control. Judge Terrell spoke slowly.
He said:
Gentlemen, passing sentence always
has been of considerable trouble and
concern to me, even in small cases, eX-
cept where the law has one absolute
punishment. 1t see,ns to me that this
prize fight at Richburg, ofwhich you
stand convicted, was a gross affront to
the laws of the State, where the au-
thorities personally forbade it. It seems
! to have been accomplished with syste-
matte arrangement and in the presence
; of invited thousands. It seems on the
part of all connected with it to have
been studied disregard and contempt
! for law. They came from and through
many States whose authority 49,
civilization deferred thssiaaas@7FOm
attempt at such publ, lawless contR
within their licsfs, and they chose tr1
State Of Mississippi as the only f6
groufn1- for such Il combat. indicating
-L:ii7&ir utter contempt for the sentiments
of her people and the laws other statute
books"
Judge Terrell, whose eyes had been
, averted as if meditating as he spoke,
now looked and met Sullivan's gaze.
Continued the Judge:
"The sentence of the law is that as
the punishment for the offence for
which YOU stand convicted, you shall
suffer imprisonment for twelve months
in the county jail"
I Sullivan gloomily took his seat. None
of his friends spoke to him then. 1t
was best to leave him to his own ref1ec-
tions. He maintained his stOlid look
for moment, but when attention was
drawn his mouth put on the same
appearance as when he met kilr;an in
the ring, with little of sorrow temper
inc the ferocity. The feeling passed
from him in another moment When
he got under the railing to leave the
Court room he faced the synpathizIng
crowd with a broad.smile.
".Stand up, Mr.. Fitzpatrick" said
Judge Terrell in kindly tone. Mr..
Fitzpatrick took his place at the Bar.
"Mr. Fitzpatrick" said the Judge,
"in view of all that has been said in
YOUR behalf, and which am disposed
to be':eve is true. you appear to be a
gentleman who was only present at
! the fight as spectator, and one who
did not intend to violate the law. In
view of this, : sentence YOU to pay
| fine of $200."- - ~>-~~=
Capt Fitzpatrick bowss33f;and thanked
| the Court.-~~
Ap~agreement t, allow sixty days to
fine bills of exception was put on re-
| cord, and Judge Calhoun then nlaae a
motion for an appeal returnabfe to the
Supreme. Court on the third Monday in
February next, at.rtlfe same time pre-
sentinga a bond ssrSl 900 for the appear
ance of Lis'ciient, this amount being
| the maximum prescribed tor an appeal
on misdemeanor.
| District Attorney NeFliIc duuoullCeu
the. reception Of the information of
Kilrain's arrival here early next week,
and asked the clerk to-issue a suppna
for Capt Fitzpatrick us a witness IN
Kilrain's case. MIR. FitZpatrick was
required to give $50 bond to appear.
The Court then adjourned unti! Mon
day.
KILRAIN RECEIVES TIE NEWS.
BALTIMORE, August l7.-Detectlve
! Childs, sent by Governor Lowry to
take Jake Kilrain. the pugilist, to
Missississippi, arrived her. this morn
ing and called upon Marshal Fry, who
told him that Jake was out on bail and
| not returnabIe until Thursday. Kill
rain. when simultaneously notified OF
Childs arrival and John l.. Sullivan's
sentence to twelve months in the Pen
itentiary, and being mindful that 1t
was this same Detective Childs that
| took Sullivan to the land of punish
| ment, remarked "h-l."
The law for the collection of forfeited
bail in Maryland is quite defective. and