Evening journal., 1889-08-15
klLRAIN ARResTsp. Too.
Text Of the Indictment Against sullivan

TEXT OF thc indictment Against sullivan
Governor Lowry Not So Angry Now.
nALrnoir, Aug B.-When Jake Kill
rain stepped rom the Norfolk on his return
trip from Virginia he was at once arrested
by Sergt. Toner, who was armed with war
rant from Governor jackson, Of Maryland
issued upon r,quidtion of Governor Lowry,
Of Mississippi.
Kilrain was locked mp and the Mississippi
authorities notified. Marshal Frey has had
the warrant since July 30, but had been un-
able 10 serve it before Kilrain says he sim
ply tried to keep out Of the way until he
heard what Governor Lowry did with Sulli-
van.
The Indictment Against Sullivan.
NEw ORLEANS, Aug. l5.--rhe Picayune's
Purvis, Miss, special gives the wording Of
the indictments found against the partici-
pants in the recent sullivan Kilrain fight
That against Sullivan charges that 10y and
in pursuance Of a previous appointment and
arrangement made TO meet and engage In a
prize fight with Jake kilrain, and for a
large sun Of money, he did unlawfully en-
gnge in pri1e fight IN a ring commonly
called a prize ring, and did then and there
boat, strike and hruise the said Jake kilrain
against the peaee aud dignity of the state OF
Mississippi The indictment gives the names
OF six Of the grand jurymen as witnesses
They were at the fight
Instruments were also found against Ref
cree Fitzpatrick, Kilrain, Muldoon, Cleary
and Donovan, That against kilrain is simi-
lar 10 the Sullivan indictment, and those
against the others merely charge them with
aiding and abetting the fight, without speci-
flying in what manner this was DONE
In the ease Of the indicted persons who are
now outside the state OF Mississippi copies OF
the indictment will be forwarded to Govern
or Lowry, 80 that he may issue the requisi-
tions for the apprehension OF the offenders
wherever they may be found.
A gentleman whose relations with the gov
ernor are very intimate says that the gov
ernor has cooled down considerably about
the prize fight, and that he will make no fur
ther move in tho matter, simply allowing the
law 10 take It's course. He has expressed
himself as satisfied that Sullivan is less
blameworthy than some Of the others in the
affair and he appears 20 be more favorably
| inclined toward him than before.
At the afternoon session OF the court the
attorneys for the defense submitted plea
in abatement embracing the following
points:
First-That the court has no jurisdiction
10 try the pretended indictments because
the case was already before the justice Of
the penee On affidavit made BY the sheriff,
the charges being identical with those CON
tanned in the indictment. Defendants there
fore ask that ths indictment and all the cir
cult court pppcea adings be dismissed
Second-lfhat the grand jury was inn
panollod and sworn Aug "; il retired for
delberation, and - remained until the az.
ternoon Of Aug l8, at which time the grand
jury had refused 70 lind an indictment
against the defendants The judge, Of hi,
own motion, before any indictment wa.
found and after the grand jury had re
fused % indict, sent for them and delivered
the charge already published without th,
request 81 the grand jury. After this chargl
the grand jury returned the indictment
They had intended 90 refer the ease back 3,
the justice OF the peace, but the iudgei
charge forced the jury to bring in the in
dictment against its will
Third-The second count being a different
charge than TINT made against defendant
upon which he was extradited, should be dis
| missed