The Brookhaven leader., 1890-03-27
ADEsERyED CRITICISM.
A Common-Sense View OF an
Absurd Supreme Court
Decision.

HltNu us W lhc OllluiOH W tut nu-
preme Court of Mississippi in the
prize fighter case.
The greatest writers of law books,
and the greatest Of courts have as
surcd us that law, after all, is pre-
Dictated on common sense.
If there he any common sense at
the bottom of the Mississippi Supreme
Courts opinion in the prize fighter
case, it cannot be detected with q
microscope.
Sullivan and Kilrain fought in Mis-
sissippi what is commonly described
as a prize fight. The contest was
made under the rules of the "LOndon
Prize Ring" The statutes of Missis
sippi provide penalties for prize fight
ing in that State. The affair was no
torious. Gov. Lowry called out the
militia to prevent it. A sheriff made
an attempt to stop it. Agents of the
State were sent to New York to ar
rest the fugitive principals. The re-
QUESTION of Gov. Lowry was granted
by Gov. Hill, of New York. The
newspapers of the land told how the
prize money was divided. Sullivan,
the winner, by virtue of his victory
over Kilrain i'm this particular fight,
was proclaimed from one quarter of
the earth to the other as the champion
pugilist of the world.
Gov. Lowry, backed by public SEN
timent, and i'm order to vindicatc the
good name of Mississippi, won last
ing honor by his determined pursuit
of the fugitives. They were brought
back to Mississippi and convicted.
Though the sentence given them is
altogether too light, yet the chief end
is accomplished. Prize-fghters are
taught that the soil of Mississippi can
not he invaded by them with impun-
ity.
But the sluggers go to the Supreme
Court. And what does that body
1t practically annuls all the good work
done by Gov. Lowry.
The particular case before it is that
of Sullivan, the winner of the fight.
1t hears the argument, reads the
brief, and inspects the transcripts.
1t then proceeds to quash the indict-
ment. In order that the reader may
Gle arly understand the position taken
by the Courts, we quote from The
Appeals report of the opinion printed
in its issue of yesterday.
The case was reversed and the indict-
ment quashed for two reasons: That tho
Indictment did not show that the fight
ii; hot AL
van. The court says the indictment con-
tains two counts. The first for violating
the statute of 1882, prohibiting prize
fighting, and the second for assault and
battery. Sullivan was convicted under
the first count and acquitted under the
second. The motions in arrest of judg-
mcnt, aud for u new trial, were denied
him by the court below. The court holds
that the indictment upon which Sullivan
was convicted WAS fully defective. The
statue neither defines the offense of /.
prize fighter nor declares what act done
shall be violation of its provision. The
specific Offense was unknown to the com
mon law, the participants being only
punishable for an affray, riot and as
sault and battery, according to the cir
cumstances. The indictment does not
charge that Sullivan and Kirain fought
together. and against each other, but
that Sullivan, III pursuance of previous
appointment made to engage in prize
fight with klrain for large sum OF
money, did engage in Il prize fight with
Kilrain, and did enter ring aud beat,
strike and bruse the said Kilrain. The
parties in II prize fight are severally
guilty, bnt the guilt of each must arise
from joint act of the two. The demnr-
er to the pleas in abatement, should have
extended to the indictment and the in
dictment qnashcd.
Therefore, the fatal error in the in
dctment was that the District AttOr-
ney who drew it forgot to say that
the fight was public or that Kilrain
fought Sullivan. 1t is true the indict-
ment declared that Sullivan fought
Kilrain and pounded him in various
ways. 1t is true that the indictment
declared the fight to be for prize.
1t is true the evidence showed that it
was a public fight, and that while
Sullivan was mauling Kilrain the lat
ter was hammering Sullivan. The
District Attorney, being sensible
man, did not suppose it necessary to
describe the fight in the indictment
with any greater degree of particular
ity than he did. He proved his case
to the satisfaction of the jury and to
the lower court. 1t did not enter his
head that after averring the affair to
have been prize fight and that Sui
livan smashed Kilrain in the bread
basket, it was necessary to say that
Kilrain planted rib-rOasters on Sulli-
vans anatomy. And il does not oc
eur to any other reasonable mind
that it was necessary for the attorney
to say so.
Yet upon II technicality SO fine, in
the face of common sense, the SUI
preme Court of Mississippi quashes
the indictment, and lit is probable
that Sulliyan&will go free.
1t is just such opinions by Supreme
Courts that discourage the executive
officers of the law, bring the courts
into disreputo among the plain peo-
pie, and make mockery of Justice.
Gov. Lowry did his duty, the
agents of the State did their duty,
the District Attorney did his duty,
the Grand Jury did its duty, the petit
jury did its duty-and all for naught.
The Supreme Court splits hair and
the whole proceeding is set aside. 1t
is true that Sullivan is remanded. But
where now are the witnesses? Where
is the District Attorney to find jury,
every man in the county having made
up his mind as to the guilt or inno-
cence of the accusedY
The indictment ayerred that Sulll-