St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-18
ALL The LAW ALLOWS
Slugger Sullivan Sentenced
to One Year in a MiSSiS-
sippi Jail.
It Struck Him and the Crowd
as Being Rather
Harsh.
Judge Terrell Gave No Heed
to Numerous Petitions for
Clemency.
Sullivan Gives Bonds Pending
an Appeal to the Supreme
Court.

PURvIs, Miss, Aug. F.-Court did
not open until nearly 9 o'clock this
morning. Judge Terrell was on hand
long before that time, and Sullivan was
also seated before the bar, showing up
before his attorney came to court. lie
looked as pleasant and unconcerned as
usual, although there was tremble in
his eye after the jury was seated and
he glanced over at the men who had
found him guilty. The crowd in the
court was small, but it grew larger in
few minutes, for hardly was the court
seated when the jury filed in. They
presented one Indictment to be recorded
and filed 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 at the hotel, however,
snd the case went over to Friday. Dis
trict Attorney Neville called the case or
John Fitzpatrick. The district attorney
read the Indictment and then said:
"What say you, guilty or not guilty?"
Guilty" quietly answered MIR. FitZ-
patrick. District Attorney Neville
then addressed the court, reviewing Mr..
FitZpatrick's connection with the fight
and the circumstances under which he
became referee, and closed by saying
that he felt justified in recommending
the accused to the courts clemency.
Capt. Fitzpatrick also made statement
i'm his own behalf, and concluded by
asking the court to be
AS LENIENT AS POSSIBLE.
The court reserved its decision. The
Sullivan matter was taken up again,
and Mr.. Green read the motion in arrest
of Judgment. The court oVerruled the
motion after reading its contents. Mr.,
Green then submitted a motion for
new trial and asked for an immediate
decision, without argument from coun-
sci. The following were the grounds
OF the motion:
First-Because the court in charging the
grand jury second time of its own motion
and without the request of the grand jury,
and in giving the second charge i'll the Ian
guage stated.
Second-The court erred in sustaining the
demurrers to defendants several pleas in
abutment
The court erred in overruling defendants
challenge for cause of Jurors Landrum and
Abner.
The court erred in permitting the district
attorney to interrogate jurors on their views
in the presence of the venire, as to the facts
of the prize fight within their knowledge.
The court erred in granting each and every
one of the instructions given in behalf Of the
state.
The court erred in refusing to grant in
structions to jurors asked by defense, and by
modifying some given.
The court erred in permitting the district
attorney in his closing argument to the jury
TO appeal to the prisoners prejudice and pa
triotism of the jury.
The court erred in overrul1ng the motion
in arrest of Judgment.
The court erred in permitting Witness Hin
ton 10 answer the teasing question of the dis
trict attorney as to his remarks made by the
court.
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
replied in the affirmative. Juuge Cal
houn asked that, by an agreement with
the district attorney, sixty days be al
lowed in which to file the bills of eXcep-
ton. He also announced that Gen.
Ford would read petition for clem
ency which was signed by the grand
jury and petit jurors of and the best
citizens of the vicinity. He also in
tended to make few remarks, and
thought that his client also desired to
make statement. "Very WE'LL"
read the following:
1.-THE undersigned members Of the grand
Jury empaneled at the present term of the
court, and of the petit jury who tried the
State VS.. John L. Sullivan, convicted of prize
fighting, respectfully show to the court that
in view of the fact that this is the first con-
viction for the ofense named in this state,
and for other reasons, they respectfully re-
commend and request that your honor will
impose no higher penalty than fine of ST.
Il fbof ha S,,afa fnl
Ed Davis was the only petit Juror who
refused to sign. The grand jurors all
signed it, also did all the merchants in
the city and number of farmers round
about as well as the sheriff, clerk and
officers of the court, the justice of the
peace before whom the case was first
tried, and many others. Gen. Ford
few remarks. He said that he had
had opportunity to learn public
feeling and sentiment in the matter, and
without single exception it seemed 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 rot impose any imprison-
ment. 1t is the first violation of the
statute of 1882, and the court could very
we'll impose fine, which provides for
fine not exceeding a thousand dollars.
Ninety-nine people out of every hun
dred in the state would feel gratiied if
only fine is imposed. 1t has been
demonstrated that the power of the state
and the arm of the law were adequate
to bring the defendant to justice and Sc
cure conviction, and it seems from all
the history of the case that
the defendant should be adjudged
to pay a fine. That was the
sentiment of the state, the press and the
people. Judge Calhoun also asked to
say something in Sullivan's behalf, and
proceeded with an argument of slmi-
lar purport to that made by Mr.. Ford.
He referred to the action of the English
courts, which have reputation for up
holding the law. The sentence for
prize fighting usually imposed by them
was three days imprisonment. There
was only one exception that he knew
ola man died in the ring. The ques-
tion was, what killed him? The YER
dict was that the fighter died from over
exertion, not from blows, and the court
sentenced his opponent to six months in
Jail. In conclusion, Judge Calhoun ap-
pealed for clemency OF the court.
SULLIVAN SPEAKS.