Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-22
THE FIGHTERS INDICTED.
Sullivan, Ktiraia and Others rae,
by the mississipDf Grand Jury.

John L. Sullivan yesterday. The indiot-
nent, relieved OF its legal verbiage,
charges that John L. Sullivan, by and in
pursuance OF previous appointment and
arrangement made to meet and engage In
q prize 6ght with Jake Kilrain, AND for =
large sum OF money did unlawtully en-.
gage In prize fight in ring commonly
called n prize ring, and did then and
there beat, strike and bruise ths said
Jake Kilrain against the peace and dig
nifty OF the state OF Mississippi. The
indictment gives the names of six Of the
grand jurymen as witnesses. They were
ut the fight.
Indictments were also found against
Referee Fitzpatrick, Jake Kilrain, Mul-
doom, Oleary and Donovan. The indict-
nent against Fitzpatrick charges him
with aiding and abetting in the fight,
but did not specify in what way. The
oapias issued for the parties outside the
state who have been indicted will be re-
turned to the court marked "Notfound."
Copies OF the indictments will then be
sent to Governor Lowry with requestto
issue acquisitions for the offenders.
At the afternoon session OF court at
torneys for the defence submitted plea
In abatement embracing the following
points:
First--Thst the court has no Jurisdiction
to try the pretended Indictment, because
the case was already before the Justice OF
the peace on affidavit made by the sheriff,
the charges being Identical with those con-
tained In the Indictment. Defendants there
fore ask that the Indictment and all the
circuit court pro seedings In their behalf DO
dismissed.
secopd--That the grand jury was I'm.
panelled and sworn August 18th; 1t retired
for elaboration, and so remained until the
afternoon OF August 18th, at which time the
grand Jury had refused to find an indict-
ment against the defendants. The Judge,
OF his own motion, before any Indictment
was found, and after the grand Jury had
.efused to indict, sent for them and deliv-
bred the charge already published without
the request OF the grand jury. After this
charge the grand jury returned the indict-
msnts. They had intended to refer the
case back to the justice OF the peace, but
the judges charge forced the jury to bring
In the Indictment against It's will.
Third-The second count, being Differ
emit charge from that made against defend
ant and upon which he was extradited,
should be dismissed.
A gentleman, who Ia friend Of the
governor and has oonversed with him,
gays the governor has cooled down con-
sidersoly about the prize fght and Is
leaving 1t in the hands Of the courts
The governor seems to be more friendly
. Inclined towards Sullivan than before
anG considers him less blamable thar
some others in the affair.
BALTIMORE, Aug. ia writ OF habeat
corpus in behalf of Jake Kilrain, the
pugilist, was sued out before unief Judge
Harlan this morning. Kilrain was re
leased on $4,000 bail for hearing OF
Thursday the 22d instant.
The man sent by Governor Lowry !!
expected here tomorrow night and he
will have to wait week here before ht
osn take Kilrain south.
PuRv1s, Miss, Aug, 16.-The jury wa
completed after considerable delay yes
terday, and Sullivan placed on trial
.'Stand mp, John L. Sullivan" said Dis
triot Attorney Neville. Sullivan stood nj
and looked straight at Mr.. Neville as tn
latter read the Indictment.
"What say you, John L. Sullivan
guilty or not guilty2"
"Not guilty" replied Sullivan, witt
emphasis In clear voice. He then "a
down and the trial WAS begun in earnest
He paid strict attention to the proceed
ings during the day, but offered no com
ments, leaving Mr.. Lionel Adams, VIII
represented the fighter, to suggest ques
tions to ex-Attorney General Ford
who conducted the Understandable
for the defence. The witnesses were q
sworn together; there were none for th
defence.
1ha first witness examined was Msjo
W. W, Robinson. He went to Richbur
there before daylight: was deput
Mi
decided to give very good account {
what took place, describing the occu
rencss in the ring, the arrival Of ii
trains loaded with men, etc; mentione
the Circumstance of Harding handin
Kilrain roll of money, saying IL Wi
1000, present from Fox; that 1t We
put up in Referee Fitzpatraok's hani
and covered by Sullivan wit
another thousand. Fitzpatrick wi
referee. Kilrain, Sullivan and Il
seconds went to the middle of the rir
and shook hands. KilrRin and Sulliva
then stripped and vent at 1t. Thu
fought with their fists and wrestle
Kilrain threw Sullivan and the men we
picked up and taken to their corner
They rested until Referee Fttspatric
who had watch In his hand, called tim
when the men came forward and foug
again. The fight lasted hours and
minutes, and about 70 rounds we
fought.
"Did they hit each other9" asked NJ
Neville.
"Hitl" said Robinson. 'Look at 81
livan's eye" Laughter
Witness then described the injuries !
oeived by the men from the blows Abo
"A the last round Mitchell ran across d
said something to Sullivan. As he "
coming back Mr.. Donovan throw NJ
sponge, and Fitzpatrick said somethi
about Sullivan winning. The cro'
rushed into the ring and Rugged Sui
van and kissed him. They raved lik
uaniacs and carried him away on th
shoulder.
On GROSS .e1amination witness said
rings were square and looked more Ii
pens. He never saw such rings hefo
Witness said the fight was in Mari
county. but in REORGANIZATION
mitted he could not exactly locate
battle. ground, and does not know VIII
the county line is. Witness testified Il
he saw Sullivan Jump on Kilrsin W
his knees, and affirmed positively 4
Bullivan's knees touched KilrRin's boz
j. W. Smith, Sullivan's host at Ri
burg, testified to SullivRn's staying at
house, and driving over TO the ring
next morning. Several other witnes
were examined. The state rested Il
case, and, az there are no witnesses
the other side, II wss agreed that
case go over until to-day. The juryn
were placed in charge OF two baillfs, {
they slept last night on the benehef