Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1889-08-18
ONE YEAR
THE CHAMPION SLUGGER BOLD
Will Honor Mississippi With His Pres
ence.
THE STATE WILL SUPPORT HIN.
Kilrain IndulgsS in Classic Remark at the
Same Prospect.

PicdyuRe, Purvls, Mise, special says: court
did not open until nearly O'Clock this
morning. Judge Terrsll 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, al
though 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 minutse.
Hardly was the court seated when the
grand Jury filed in. They presented one
indictment and filed out again.
FITZPATRICK PLEADS GUILTY.
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 Fitz
patrick. The Judge asked: What say you,
guilty, or not guilty?" Guilty
answered Mr.. Fitzpatrick. District At
torney Neville then addressed the Court
reviewing Mr.. Fitzpatrick's connection
with the fight and circumstances, under
which he became referee and closed by
saving that the fact justified him in recon-
mending the accused to the courts
clemency, Capt. Fitzpatrick also made a
statement in MS own behalf and concluded
by askiug the court to be as lenient as
possible. The court reserved 1t decision.
MOTION ovERRULED AND SULLIVAN SEN
TENCED.
The Sullivan matter was taken up and
Mr.. Green read the motion in arrest OF
Judgment. Tde Court refused the motion.
Mr. Green then submitted a motion for a
new trial and asked for an Immediate de-
cision without argument from counsel.
The following were the grounds OF the mo-
tion:
First, because of the court charging the
Grand Jury q second time of its own mo-
ton and without the request of the grand
iury and in giving the second charge in the
language stated.
Second, the court entered in sustaining
the demurrers to defendants several pleas
in abatement. The court erred in over
ruling defendants challenge for cause OF
Jurors Llnarum ard Abner.
Third-The Court erred in over-ruliDg
defendants challenge for cause of Jurors
Landrum and Abner.
FOurth-Ths court erred in permitting
the district attorney to interroRate Jurors
on their views in the presence of the venire
as the facts of the prize-fght within
their knowledge.
Flfth-The court erred in granting each
and every one of the instructions given In
behalf of the state.
Sixth-The court erred in refusing to
grant instructions asked for by defens e
and in modifying some given.
The court erred in permitting the Dis
trict Attorney in his closing argument to
the Jury, to appeal to the prejudice and
patriotism of the jury.
The court erred in overrullng the mo-
tion in arrest of Judgment.
The court erred in permitting witness
Hinton to answer the leading question OF
the District Attorney as to his remarks
made by court.
Judge Terrell asked if there was any
thing further in the Sullivan matter.
Judge Calhoun asked If the motion for a
new trial stood overruled. The court re-
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
s'xsv DAYS be allowed in which to file the
bills of exception. He also announced
that General Ford would read petition
for clemency, which was signed by the
grand jury and petit jurors and the best
citizens of the vicinity.
Ell. Davis was the only petit juror who
refused to sign. The grand jurors sill
signed it, as also did all the merchants in
the city and a number of farmers round
about, as well as the Sheriff, Clerk and
officers of the court, the justice of the
pesce before whom the case was first tried,
and many others.
SULLIVAN MAKES A SPEECH.
There was a pause. There was stir in
the audience when the silence wss broken
by Sullivan himself. The champion stood
up before the bar and speaking in loud,
clear and steady voice said: Your Honor:
I desire to make few remarks. l can
only ask for your clemency in this mat
ter. No doubt l have done something
wrong, but, as my counsel told you, was
ignorant of the law. am not as OratOri-
cal as the distinguished District Attorney
on my right, or my counsel, who have sd-
dressed you, and therefore l beg TO re-
mark that I am your humble servant,
John L. Sullivan"
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 to Sullivan and said
''It seems to me that thissprize fight at
Richburg. of which you stand convicted,
was a gross affront to the laws OF the
State. 1t seems on the part OF all con-
nected with it to have been studied dis
regard and contempt for the law"
THE SENTENCE ADJUDGED.
Judge Terrell, whose eyes had been
averted es if meditating as he spoke, now
looked mn and met Sullivsn's gaze. Con-
tinued the Judge: ''The sentence of the
law is that as punishment for the otfense
for which you stand convicted, you shall
suffer imprisonment for twelve months IN
the county jail"
FIrzPATRICK's DOSE.
"staud mp, Mr.. Fitzpstrick," said Judge
TarreII in kindly tone. Mr.. Fitzpatrick
took his place at the bar "Mr. Fitzpat,
rick & y said the Judge, Sin view Of
all that has been said IN your oehali'
and which am disposed to believe Is true,
Won appear to be gentleman who was
only present at the fight as spectator,
and ore who did not intend to violate the
law In view of the statements in your
behalf I sentence you to pay fne OF S2OO |
Captain Fitzpatrick bowed and thanked
the court bat sat down, without having
heard the amount ofthe hne.