The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-18
Mississippi Justice May Be Lax on Murderers
and Lynchers. but 1t Means Business When
Applied to Famous Prize-Fighters.
Pleas for Clemency Have No Perceptible
Effect Upon Judge Terrell's Mind.
The Case to Be Appealed to the Supreme Court
How the Champion Took His Medicine
Preparing to Jump His Bond in the End.

open
Judge Terrell was on hand long before that
time and Sullivan was also seated before
the bar, showing up with Clune before his
attorney came to court. He looked as
pleasant and unconcerned as usual, al
though there was tremble in his eye after
the petit jury was seated and he glanced
over at the men who had found MIN guilty.
The crowd in the court was small, but grew
larger in few minutes, for hardly was the
court seated when the grand jury filed In.
They presented one indictment to be re-
corded and fled out again. The Sullivan
case was then taken up. Judge Calhoun
submitted the motion in arrest OF judg-
ment without argument. The papers had
been left @t the hotel, however, and the
case went over to Friday. District Attor-
ney Neville called the case of John Fitz-
patrick. The district attorney read the in
dictment. He then asked What say you,
guilty or not guilty"
Guilty" quietly answered Mr.. Fitzpat-
rick.
District Attorney Neville then addressed
the court, reviewing Fitzpatrick's connec-
tion with the fight and the circumstances un-
der which he became referee, and closed by
saying that he felt justified in recommend
ing the accused to the courts clemency.
Captain Fitzpatrick also made statement
in his own behalf, and concluded by asking
the court to be as lenient as possible. The
court reserved its decision at the time.
The Sullivan matter was taken up again,
Judgment. The court rejected the mo-
tion after reading it's contents. Mr.. Green
then submitted q motion for new trial,
and asked for an immediate decision, with
se gronds Of be notion
1. Because the court erred in charging
aeon, and xtsoss the REQUEST Of the
charge in the language stated. 2. The
court erred in sustaining the demufrers TO
court erred in overruling defendants challenge
for cause of Jurors Landrum and Abner. 4 The
court erred in permitting the district attorney 10
interroeate jurors on their views in the presence
their knowledge. B. The court erred In granting
each and every one Of the instructions given In
| ing to grant instructions asked for by defense
| and In modifying some given. z. The court
his closing argument to the jury to appeal TO the
prisoners prejudices and patriotism of the jury.
3. The court erred in overruling the motion IN
arrest of Judgment. g. The court erred in per
mitting witness Hinton to answer the leading
question OF the S district & as onp no tee ered
| In permitting Hntons testimony about the re-
marks made by the crowd about the bet. II.
The court erred in permitting witness Hinton TO
| answer as TO Jake KIrain's name and how he
| knew 1t.
| Judge Terrell asked if there was any
thing further in the Sullivan matter.
Judge Calhoun asked if the motion for
new trial stood overruled. The court re-
| piled in the affirmative.
| Judge Calhoun asked that. by an agree
ment with the district attorney, sixty days
| be allowed in which to file the bills of ex-
| cecptIon. de also announced that General
Ford would read o petition for clemency
which was signed by the grand jury and
Vicinity. y .0 He also Also intended e to make few
remarks, and thought that his client also
| desired to make statement Very We'll"
answered the court, and Mr.. Ford then
read the following:
The undersigned, members of tie grand jury,
impaneled at the present term of the court. and
of the petitjury, who tried the State Vs. John l.
SHOW onySeS Ss COURT f ia s% 5SSPs the sat
this is the first conviction for offense named in
this State. and for other reasons. they respect
will impose no higher penalty than fine OF
$1,000, and that no imprisonment be inflicted.
Ed Davis was the only petit juror who re-
fused to sign; The grand jurors all signed
and q number of farmers round about, as
well as the sheriff, clerk and other officers
of the court. the justice of the peace before
whom the case was first tired
|
supplemented the, petition by a few
remarks He said that he had had
opportunity to learn public feeling and
sentiment in the matter, and With with;
to be the desire that the court exercise as
great degree of clemency as possible.
The universal desire seems to be that his
Honor do not impose any imprisonment; IT.
1882, and the court could very we'll impose
a fine not exceeding a thousand dollars.
Ninety-nine people Of every hundred in the
1G is imposed. % It has been demonstrated
tn at thepOwer of the State and the arm Of
the law were adequate to bring the defend,
ant to justice and secure convictions and
it seems from all the history OF the case
pay fine. That was the sentiment of the
State, the press and the people.
Judge Calhoun also desired TO say some,
thing in Suliivan's behalf. and proceeded
with an argument of similar purport to that
made by Mr.. Ford. He referred to
the action of the English courts which
have reputation for upholding the law.
The sentence for prize Fl ghting usually i'm
posed by them was three days imprison-
ment. There was only one exception that
he knew of-a man died in the ring. The
question was what killed him. The verdict
was that the fighter died from overexer-
tion. not from blows. and the court SEN
fenced his opponent to six months In jail.
In conclusion, Judge Calhoun appealed for
clemency of the court.
| There was a pause. The defense was
| waiting for the court and the court waited
to hear if anything more was TO be said.
There was q stir in the audience when the
silence was broken by Sullivan himself.
The champion turned up before the bar
and speaking in loud, clear and steady
voice said:
"Your Honor, desire to make a few remarks.
| can only ask for your clemency In this matter.
| No doubt have done something wrong. but, as
| my counsel told you was ignorant of the law.
| i am not as oratorical the distinguished dis
| trict attorney on my right or my counsel who
| have addressed you. and therefore beg To re-
mark that am your humble servant, John L.
! Sullivan"
Sullivan sat down and looked at the
court, waiting his doom. There was an
other pause, the silence was SO deep that
an occasional whisper was heard as dis
tinctly as an uproar In the dead of night.
Judge Terrell after a moment or two, asked
for the petition presented by General
Ford II was an appeal for mercy.
and the fact that the court asked for II was
construed as a good omen. After few
minutes inspection he folded the paper
carefully. laid il on the table. shaded his
eyes with his hand and his brow wrinkled
as IL meditating deeply. Every eye was
fixed upon him. even Sullivan leaned for
ward and watched the Judge anxiously.
He broke the silence by saying. in his
quiet way: "Stand up. Sullivan The
| cOurt did not say "Mr. Sullivan.