The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-08-19
JOHN l. STLLlVAS'S SENTENCE
lie Gets Twelve month's ImprlsOnmsut-A
Now Trial Applied For.

New Trial Applied For.
PuRyIs, MISS, August 1s.-Court did
not open until neaSly 0 o'clock yester-
day morning, Judge Terrell was on
hand long before that time and Sullivan
was seated before the bar, showing up
before his attorney came to court He
looked as pleasant and unconcerned as
usual, although there was a tremblein
his eye, after the jury was seated and he
glanced over at the men who had found
him guilty. Hardly was the Court seat.
ed when the grand Jury filed In. They
presented one indictment and filed out
again.
The Sullivan case was then taken up.
Judge Calhoun submitted the motion In
arrest Of judgment without argument.
The papers had been left at the hotel,
however, when the case went over on
Friday. District Attorney Neville called
the case OF Fitzpatrick. The Judge asked: !:
"What say you1 guilty, or not guiltyN
"Guilty," answered Mr.. Fitzpatrick.
District Attorney Neville then addressed
the Court, reviewing Mr.. FitSpatriCk's
connection with the fight and oircum.
stances, under which he became referee
and closed by saying that the fac: juSti.
fed him In recommending the accused
to the courts clemency. Capt. Fitzpat.
rick also made q statement In his own be.
half and concluded by asking the court
to be as lenient as possible.
The Sullivan matter was taken up and
Mr.. Green read the motion in arrest OF
judgment. The court refused the mo-
ton. Mr.. Green then submitted mo.
ton for new trial and asked for an i'm
mediate decision without argument from
counsel. HA
Judge Terill asked II there was any:
thing further in the Sullivan matter.
Judge Calhoun asked II the motion for a
new trial stood overruled. The courtre.
piled in the affirmative. After further
proceedings Sullivan was sentenced TO
one years imprisonment.
Judge Calhoun then asked that by an
agreement with the District Attorney
sixty days be allowed In which to tile
the bills Of exception. He also an.
nounCed that General Ford would read
a petition for clemency, which was sign.
ed by the grand jury and petit jurors
and the best citizens Of the vicinity.
Ed, Davis was the only petit Juror who
refused 10 sign. The Grand Jurors all
signed II, as also did all the merchants
In the city and anumber 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.
There was pause. There was q stir
in the audience when the silence was
broken by Sullivan himself. The cham.
pion stood up before the bar and speak.
log in q loud, clear and steady voice,
said: "Your Honor, / desire 70 make d
few remarks. l can only ask for your
clemency In this matter. No doubt l
have done something wrong, hut, as my
counsel told you, ! was ignorant Of the
law, l am not as oratorical as the dis
tingulshed District Attorney on my
right or my counsel, who have addressed
you, and therefore / beg TO remark that
! am your humble servant, John L. Sui.
livan."
Sullivan sat down and looked at the
court, waiting his doom.
Judge Terrell read the appeal through
slowly and then began his charge. He
addressed himself 10 Sullivan and said:
at seems To me that this prize fight at
Rlchburg, Of which you stand convicted,
was q gross atfront 10 the laws Of the
State. II seems on the part Of all con.
nected with II 10 have been q studied dis.
regard and contempt for the law"
Judge Terrell, whose eyes had been
ayerted as II meditating as he spoke,
now looked up and met Sullivan'B gaze.
Continued tue Judge: %rhe sentence
OF the law 10 that as O punishment for
the ofTense for which you satnd con.
yicled, you shall suffer the imprisonment
OF twelve months In The county jailp
"stand up, Mr.. Fitzpatrick" said
Judge Terrell in q kindly tone. Mr..
Fitzpatrick took his place at the bar.
"AIf. Fitzpatrick, said the Judge, ''in
view Of all that has been said ID your
behalf, and which / am disposeduto be.
lleve Is true, you appear 10 be gentle.
man who was only present at the fight
as spectator, and one who did not In.
tend 10 violate the law. In view Of the
statements In your behalf, sentence
you 10 pay fine Of 500.
Captain Fitzpatrick bowed and
thanked the court, but eat down, with.
out having heard the amount OF the fine,