The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-08-21
TWELVE MONTHS In PRISON
is sLueeER suLLIvAN's SENTENCE.
Judge Terrell Thinks the Law Was Will
fully Violated and Imposes the Sever
est Penalty-John's Appeal For
Mercy without Effect.

ing up before his attorney came TO court. He
looked as pleasant and unconcerned as usual,
although there was tremble in his eye after
the petit jury seated, and he glanced over
at the men who found him guilty. The crowd
IN the court was small. but grew larger in a few
minutes, for hardly the court seated when
the grand jury filed in. They presented one
indictment to be recorded 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 at the hotel, however, and the case went
over to Friday.
Dist Atty. Neville called the case Of John
Fitzpatrick After hearing the indictment read
Mr.. Fitzpatrick pleaded guilty.
The Sullivan matter was taken up again and
Mr.. Green read the motion in arrest of judg-
ment. The court INSTRUCTED the motion after
reading its contents. Mr.. Green then submit
ted a motion for a trial and asked for an
immediate decision without argument from
counsel The motion was overruled.
Judge Calhoun then asked that by an agree
ment with the district attorney, sixty days be
allowed in which to file the bills OF exception.
He also announced that Gen. Ford would read
a petition for clemency which was signed by
the grand jury and petit jurors and the best
citizens Of the vicinity. lie also intended to
make a few remarks and thought that his client
also desired TO make a statement
Very WELL" answered the court, and Mr..
Ford then read the following:
| The undersigned, members Of the grand jury i'm
paneled at the present term OF court, and OF the
petit jury who tried the state John L. Sullivan,
convicted oi prize hghtng, respectfully show to the
conviction for the Oiense named In this state, and
for other reasons. they respectfully recommend and
request that your honor will Impose higher
penalty than hne OF $1,000 and that no imprison-
meut be inflicted.
| Ed Davis was the only petit juror who re-
4 fused 10 sign. The grand jurors all signed
/ IL, as also did all the merchants in the city and
\ number OF farmers round about as well as
/ the sheriff, clerk and other officers of the court
I the justice OF the peace before whom the case
was first tried and many others.
Gen. Ford supplemented the petition by
! few remarks. lie said that he had had oppor-
/ tunity To learn public feeling and sentiment in
! the matter, and without a single exception il
seemed 10 be the desire that the court exercise
rs great degree OF clemency as pos
sible The universal desire seems to
/ be that his honor do not impose any
/ imprisonment. Ii is the first violation Of the
\ statute OF 1882 and the court could very well
impose a fine not exceeding a thousand dollars.
/ Ninety-nne people OF every hundred in the
state would feel gratihed If only fine is inn
posed IL has been demonstrated that the
power OF the state and the arm OF the law we're
adequate to bring the defendant 20 Justice and
! secure a conviction and il seems from all the
history OF the case that the defendant should
! be adludged to pay fine. That was the state
ment of the state, the press and the people.
Judge Calhoun also desired 10 say something
in Sullivan's behalf, and proceeded with an ar.
eument OF a similar purport TO that made by
Mr.. Ford. He referred 10 the action of the
| English courts which have reputation for
upholding the law. The sentence for prize.
fighting usually imposed by them was three
Aapu - tF,,tar ta gnf .iu
cepton he knew ola man died in the ring.
The question was what killed him. The yer.
diet was that the fighter died from over exer-
ton, not from blows, and the court sentenced
his opponent 10 six months in Jail. In concu-
sion. Judge Calhoun appealed for clemency Of
the court.
There was pause. The defense was waiting
for the court, and the court was waiting 10 hear
II anything more was 10 be said. There was n
stir in the audience, when the silence was bro
ken bySulliyan himself. The champion turned
toward the bar, and in n loud, clear and steady
voice said: "Your honor, desire 10 make a
few remarks. | can only ask for your Glenn
ency in this matter. No doubt have done
something wrong, but as my counsel told you,
/ was ignorant OF the law ! ain not as oratori-
cal as the distinguished district attorney on
my right or my counsel, who have addressed
you, and. therefore, beg 10 remark that am
your humble servant, John l.. Sullivan"
sullivan sat down and looked nj the court,
the silence was deep that an occasional
whisper was heard as distinctly as an uproar
in the dead of night Judge Terrell, after a
moment or two, asked for the petition pre-.
sented by Gen. Ford. Il was an appeal
for mercy, and the fact that the court asked for
il was construed AS a good omen. After n few
minutes inspection he folded the paper care
fully, laid IL on the table shaded his eyes with
his hand aud his brow wrinkled rs II meditat.
ing deeply. Every eye was fixed upon HIM
even Sullivan leaned forward and watched the
Judge anxOusly.
lie broke the silence by saying in his quiet
way; "Stand up, Sullivan The court did
not say Mr.. Sullivan this time. Sullivan stood
up quickly. He threw out his chest, looked
the court full in the face and had evidently de.
termined upon perfect self-control. Judge
Terrell spoke slowly:
Gentlemen, passing sentence has always
been of considerable trouble and concern "a
me. Even in small cases except where the
law has one absolute punishment. IL seems "a
me that this prize fight at Richburg, OF which
you stand convicted, was gross afIront to the
laws OF the state, where authorities personally
forbade IT, IL seems to have been accomplished
with systematic arrangements aud in the
presence Of invited thousands. 1t scent
on the part Of all connected in
il to have been a studied disregard
and contempt for the law. They came from
and through many states whose authority anC
civilization deferred them from any attempt Al
such public lawless conduct within their limits
and they chose the soil of Mississippi as the
only fit ground for such combat. indicating
their utter contempt for the sentiments of hel
J people and the laws of her statute books"
! Judge Terrell, whose eyes had been averted al
he spoke, now looked up and met Sullivan
gaze. Continued the Judge:
Trhe sentence of the law is that as n pun
ishment Of the offense OF which you stand con
victed you shall suffer Imprisonment for twelve
months in the county jail"
Sullivan gloomily took his seat. None o
his friends spoke to him then; IL was best /,
leave him 10 mis- own reflections. He main
tanned his stolid look for n moment, but wheI
, attention was withdrawn from him his moutl
, put on the same appearance as when he me
| Kilrain in the ring, with a little of sorrow
. tempering the ferocity. The feeling passed
: from him in another moment, and when he go
! under the railing 20 leave the courtroom h
. faced the sympathizing CROWD with brosC
. ! smile.
"Stand up, Mr.. Fitzpatrick" said Judge
Terrell, in a kindly tone.
! Mr. Fitzpatrick took his place at the bar.
Mr.. Fitzpatrick" said the judge, lin vieV
of all that has been said in your behalf am
| which am disposed 10 believe is true, you ap
pear TO be a gentleman who was only present n
the fight as a spectator and one who did no
Z intend to violate the law. In view of the state
ments in your behalf, sentence you to nay
fine Of 5000"
Capt. Fitzpatrick bowed and thanked Oh
= court, but sat down without having heard tn
: amount of the fine. The reporters INFORMED
n him and he left the court 90 make arrange
r ments for the paying OF IL, but the court wa
not vet through with Mr. Fitzpatrick as vii