The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-08-19
"STAND UP SULLIVAN SAID THE JUDGE.
The SIugger Sentenced In Spite Of
Ridiculous Local sympathy.
A Courageous and Upright Judge
Honors Mississippi.
A Dramatic Scene In which John L.
Made Speech.

van was sentenced Saturday to twelve
months in the State Prison.
Judge Calhoun after the verdict was rem
dered. said that by agreement with the
district attorney sixty Gays were allowed in
which to file exceptions. General Ford read
petition for clemency signed by the grand
Jury and petit jurors, and the best citizens
of the vicinity. Ed Davis was the only petit
juror who refused to sign. The grand jurors
all signed, as also did all the merchants in
the city, and number of farmers round
about, as well as the sheriff, clerk and Off
GERS of the court, justice OF the peace before
whom the case was first tried and many 9TH
ers. General Ford supplemented the petit
tion by a few remarks. He said he had had
an opportunity to learn public feeling and
sentiment on the matter and without a sim
gle exception it seemed to be the desire that
the court exercise as great degree OF clem-
ency as possible The universal desire
seemed to be that his honor should not i'm
pose any imprisonment. 1t was the first
violation of the statute, and the court could
very well impose fine. 1t had been DEM
Onstrated that the power OF the State and
the arm of the law was adequate to bring
the defendant to justice and secure conyic-
tion.
Judge Calhoun also asked to say something
in Sullivan'S behalf and proceeded with an
argument similar to that made
by Ford. In conclusion Judge
Calhoun appealed for the clemency of the
court.
There was pause, the court waited to
hear il anything more was to be said. There
was stir in the audience, when the silence
was broken by Sullivan himself. The cham
pion stood up before the bar. and speaking
in loud, clear and steady voice, said:
''Your honor, l desire to make few re-
marks. can only ask for your clemency in
this matter. No doubt have done some
thing wrong, but as my counsel told you, j
was ignorant of the law. l am not an ora
tor as is the distinguished district attorney
ON my right or my counsel who have ad-
dressed you, and therefore beg to remark
that am your humble servant, John l..
Sullivan"
Sullivan sat down and looked at the court
waiting for his doom. There was another
pause, and silence so deep that an occasional
whisper was heard as distinctly as an up
roar in the dead of night. Judge Terrill, after
a moment or two, asked for the petition pre-
sented by General Ford. After an inspec-
tion he folded the paper carefully, laid 1t on
his brow wrinkled as if meditating. Every
eye was fixed on him, and even Sullivan
leaned forward and watched the judge anx-
iously. He broke silence by saying in
quiet way:
''Stand up, Sullivan"
This time Sullivan stood up quickly, looked
the court in the face, with evident determin-
alton upon perfect self-control. Judge Ter
Till then spoke slowly:
Gentlemen, passing sentence has al
ways been of considerable trouble and con-
cern to me. even in small cases, except where
the law is one OF absolute punishment. 1t
SENS to me that this prize fight of which you
stand convicted was a gross affront to the
laws of the State where the authorities per-
sonally forbade it. 1t seems to have been
accomplished with systematic arrange
ment and in the presence of invited thous-
ands. 1t seems, too, an effort of all connect
ed in it to have been in studied disregard
and contempt for the law. They came from
and through many States whose authority
and civilization deferred them from an at
tempt at such public lawless conduct within
their limits, and chose the State of Missis-
sippi as the only fit ground for such a COM
bat, indicating their utter contempt for the
sentiments of the people and the laws on her
statute books"
Judge Terrill whose eyes had been avert
ed as if meditating as he spoke, now looked
up and met Sullivan's gaze. He then con-
tinued:
sThe sentence of the law is that, as pun
ishment for the offence of which you stand
convicted, you shall suffer imprisonment for
IL months in the county Jail"
Sullivan gloomily took his seat. None OF
his friends spoke to him then. 1t was best
to leave him to his own reflections. He
maintained stolid look for moment but
when attention was drawn from him his
mouth put on the same appearance as when
he met Kilrain. with little Of sorrow tenn
pering the ferocity. The feeling passed
from him in another moment and when he
got under the railing to leave the court room
he faced the sympathizing crowd with a
bold smile.
The Judge then imposed a fine of 5000 on
Fitzpatrick, saying he believed he was pres
ent at the fight as spectator aLd did not in
tend to violate the law.
Calhoun moved for an appeal returnable
to the supreme court Feb. 1890 and present.
ed bond of $1,000 given by j. w. Hallman
and John Duffy. Fitzpatrick was put under
$500 to appear as witness in the trial of Kill
rain which is appointed for next week. Bud
Renaud was also held as witness and the
court adjournedtill Monday.
BALTIMORE, Md, ,August17.-Jake Kilrain
can 60 to Mississippi and stand trial notwith-
standing the Sullivan verdict, but the i'm
preston prevails here that Jake will not do
anything of the kind. He has until next
Thursday to make up his mind, and in that
time he can easily make his way across the
border into Canada. He had long consulta-
tion with his counsel, Joseph White, with
reference to the best course to be pursued:
By leaving he has everything to gain and
nothing to lose; even his bondsmen are com
paratively safe. The law as to the collection
OF the bond OF surety is faulty IN this tnat
unless the bondsman himself gives up the
money there is no way of making him. From
this it will be seen that, no matter how large
it may be. the paroled prisoner need, have no
fear of confiscati0n. 1t is, therefore, not
likely that Jake will miss the opportunity of
making his escape. A year in southern
prison is not at all to his liking. Detective
Childs of Mississippi reached here today,
and at once reported to Marshal Frey.
LONDON, August 17.-Charley Mitchell.
Kilrain's trainer, is in England, and is very
happy at his escape from the clutches of Mis-
sissippi law.
NEW ORLEANS. Aug ia Picayune
special says On the appeal of the case to
the supreme court, Sullivan gave bonds for
$1,000 for appearance and $500 costs. He
left Purvis at 6.37 p. m, accompanied by his
faithful friend Clune. A large crowd at the
depot bade him good bye. Renaud, Adams
and correspondent accompanied Sullivan
to New Orleans. Sullivan signed an indem-
nifty bond before he left Purvis so to protect
bic curotioc chould onvfbipu 40 pnon