St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-13
AS MEEK AS MOSES.
Sullivan and His Friends and
Admirers in Judge Ter
rill'S Court.
All in Good Humor, but
Anxious as to the
Result.
The Case Is Now in the
Hands of the
Jury.
The District Attorney Will
Not Accept Suggestions Of
Compromise.

PURyIs. Miss, Aug. 12.-The entire
party who spent the night here-de-
PENDANTS in the prize fight case, sheriff
and jurors, were up early this morning.
The people came here from miles
around, the greater portion of them out
of curiosity. Sullivan and other de-
PENDANTS were in the best of humor, and
Sullivan cenversed with all who came
in contact with him. Quite a crowd soon
gathered about the depot awaiting the
arrival of the train from Meridian,
which came in on time, bringing Judge
S. Fl. Terrill, District Attorney Neville
and number of attorneys. Judge Ter
rill lives at Quitman. on the Mobile d
Ohio railroad. He is splendid speci-
men of physical manhood. speaks
deliberately, and is considered
first-class jurist. Most of his
rulings have been confirmed by
the supreme court. The judge stated
that this special term of court had been
called partly at the request of the gov
ernor 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 tine necessities which the
prize fight would add to the regular bus
mess of the term. He therefore yielded
to what seemed to be the requirements
of the public service, and called this
special term to dispose of this special
business. All the accused are here eX-
cept Pat Duffy, whose absence was &C
counted for by the district attorney who
HAD FAILED TO NOTIFY HIM.
General Superintendent Carroll, of
the Queen & Crescent, was not present,
but the general belief is that he will not
be indicted by the grand jury. The
foreman of the grand jury is Il. r.
White, halloween and merchant at
PoplaryIlle. When one of the stands
at Richburg fell during the fight Mr..
White was the only person injured.
The grand jury is an intelligent body of
men who are highly spoken CT by the
citizens. Jukge Ter1ill in his charge to
the grand jury, after referring to the
wicked illicit traffic in liquor in this
vicinity, said:
Gentlemen, but little need be said of the
prize fight which took place at Richburg on
the 9Th OF July last. The principals in said
fight, and all accessories before and after the
act, are guilty of a high misdemeanor. A
fight by consent without anger or ill-Will,
between two parties, without any stake, re-
ward, or prize whatever, would be a serious
crime under our law made by legislative en-
actment; you are bound by your consciences
to act upon the law as declared to you from
this stand. Anger or illwill is not necessary
to constitute a crime OF assault and battery:
nor does the consent of the party take away
the gnilt OF the offense. battery is an I'M
lawful physical force inflicting injury or
hurt upon another, whether done in malice
or wantonness; it need not be in anger"
The Judge proceeded at length to
ties sustaining the Interpretation of the
law as laid down by him. Delivery of
the charge occupied about fifteen min
uteS. Counsel for the defense, who
were attentive listeners, pronounce the
charge very fair and moderate. Out
side of the legal gentlemen the opinion
prevailed that under the charge it
would be impossible to find indictments
against any but Sullivan and Kilrain.
Several citizens were at a loss to see
how Fitzpatrick could be considered all
alder or abettor when referee is Sc
lected OH account of his fairness and
disinterestedness; this point was gen.
orally discussed. District Attorney
Neville said tonight that he could not
tell when the grand jury would return
any indictments. While determined to
yindicate 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 account. Mr.. Neville
stated that some suggestions of COM
promise had been made to him, hut said
lie could not listen to any proposition
until the grand jury had reached some
decision. He cannot accept any COM
promise, but can recommend one to the
court. which is the tribunal in the mat
ter. He could not say what would hap
pen. For the present he was attending
to the grand jury.
LATER-Nothing tonight indicated
that the grand jury had done anything
to-day. Careful interviewing with the
accused showed that they were not
aware that the grand jury had found an
Indictment to-day against Sullivan and
Kilrain. Although they have not pre-
scented the indictment to the court, it
was agreed upon. District Attorney
Neville was asked tonight, if Sullivan
and Kilrain have been indicted, Oh what
charge could it be. After few seconds
pause he replied: "Well, on three OF
four different countS-prize fighting,
assault and battery. gambling, ETC."
The indictments may not be presented
to the court until late tomorrow after
noon.