St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-08-02

punch the bag, and Carroll and Smith
assisted HIM after the end of three
minute rounds. Cross. examined: The
bottle was not passed round among the
guests or spectators. When he spoke
TO Carroll he knew who he was. He en-
joyed seeing the skill displayed by
F~itzsimmons, and he was treated well
by all parties.
The prosecution rested, and Judge
McCatferty moved, on behalf of the de-
PENDANT, that the case be dismissed. He
argued that not a little Of evidence had
been given to prove that either Of his
clients had assisted in training Mr..
Fitzsimmons. MI. Doty had simply asked
: Carroll ''if he was the trainer" and
there was no proof that he was trainer
of Fitzsimmons. That gentleman had
sworn that his trainers were Needham
and Robinson; The state had not pro.
duced q bit of evidence to show that a
Was No Evidence
whatever to go 10 the jury. and he
moved that the case be dismissed.
Pierce Butler. in reply for the state,
maintained that a prima facie case had
Been made out against the defendant.
The motion to dismiss was denied by
the court.
The only wisnesS called for the de-
Tense was James Carroll, He denied
that he had ever trained Fitz5immons
for the fight. The trainers were Need
ham and Robinson. He was a guest Of
F1tzsimfhons only. He had never said
to Mr.. Doty or any n that he was the
trainer, and no one had ever asked him
such a question. His home was in San
Francisco, apd lie had waited in st.
Paul simply to answer the charge MADE.
He knew F~itzsimihohs' habits, and Re
always took physical exercise. The pro
posed meeting was a scientific glove
contest for a trophy, and was not a
prize fight,
Judge McCafferty addressed the jury
on behalf Of Carroll. He malntained
that efis clients had been wrongfully
treated, AID that the trainers Of the
law never intended to punish an offense
as charged after the proposed fight had
been stopped. If a fight had taken
place. it would have been proper to
punish the trainers. Doty and Landon
knew nothing of the duties of a trainer,
yet his clients were charged on the
evidence of these men. 1t was simply
persecution on the part of Mr.. Landon
to Insist in continuing these complaints.
1t would have been manly OH the part
Of Mr.. Lapdon to have with
drawn his complaints after the fight
was stopped. but he persisted In
bounding down Carroll and Smith. The
evidence in the case was most f1insy,
and not a single bit of proof had been
produced to show his clients guilty of
the charge. Fitzsimmons had sworn
that neither Carroll Or Smith were his
trainers, Carroll had denied being the
trainer, but was only a guest of Fitz-
simmens; and, he asked, on the weak
evidence of Doty and LandoD, who
showed a lack of Christian charity, were
these men to be convicted.
Pierce Butler warned the jury not to
be led away by the eloquence of counsel
for the defendant. He reviewed the
evidence and maintained that the state
had made out its case.
Judge Twohy briefly charged the jury
explaining to them the law, and that it
was for the jury to decide upon the evil
dence whether the defendant had vio-
lated the law.
Att o'clock the jury retired, and, after
all absence OF an hour and a half, re-
turned a verdict of not guilty.