Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-29
TO TEST THE LAW.
Both COrbett and Mitchell in Custody
I'm Florida.

TO TEST THE LAW.
Both COrEett and Mitchell in Custody
in Florida.
AS narrated in the dispatches to The Star
yesterday Mitchell. the pugilist, was ar
rested at Jacksonville, Fla, on a friendly
suit. instigated by the Duval Athletic Club
to forestall action by the authorities. Cor
bett was subsequently arrested.
The first thing that Mitchell did was to
look around over the room for Corbett.
Not seeing him shade Of disappointment
spread over his face and he asked where
he was. The members of the club said:
'Oh, he'll be here later on"
He evidently didn't like it a bit and said
that the arrest of him first looked as If
ne were being made a monkey Of He
wouldn't have minded had he been arrested
at the same time as the other man, He
was told, though, and found some consola-
ton IN the fact, that the warrant was
joint affair." in which both he and Corbett
were ordered to be arrested and brought
before the court.
once In the court room the formal read
ing of the warrant was gone through with.
Deputy Sheriff VinZant did the reading
He stood on the inside and read while
Mitchell looked over his shoulder and fol-
lowed him. The legal part of the warrant
did not seem to interest Mitchell half as
much as the articles of agreement which
II Incorporated. When the deputy got
down to:
Said gloves to be furnished by James
j. Corbett," Mitchell said:
Hold on He put his finger on the place
and was about TO make an objection, but
Bowden told him that was all right SO he
simply smiled, and the reading continued.
gone through with, a bond was made out.
Mitcneii binds himself in the sum OF 81 $40
10 appear BEFORE the criminal court on jan
uary :. His sureties are Messrs. Richard
SON ana Bowden both or the athletic club.
The Enghsnman pondered over the bond
Tor some time, ana asked If 1t was going
10 cost MIN anything. He said he would
not put ms name to it II there was one
dollar or expense. he would go to jail first
and hight his own case. He did not wish
TO appear as If he invited this arrest. He
was assured that the club was bearing the
expense, and that it had retained ample
counsel to conduct the whole affair; also
that Corbett had to go through the same
program. p.
1nen Mitchell sat down and put his
name the bond.
During the afternoon Corbett and his
party reached the city from Mayport. Cor
bett Immediately proceeded to the court
house ana went through the same formali
ties.
Friends of both Corbett and Mitchell, es-
pecialiy of the latter. treated the whole
proceeding as a huge joke. They 'Jollied'
MIN about the prospect of being locked up
and one CT the party asked him how he
would like to be locked up in the same cell
with Corbett.
That seemed to tickle him immensely.
big smile spread over his face and he
said with emphasis:
Fine; and l think that program would
take all the fight out Of the gentleman.
don't you?'
BEFORE Japuary > ,,han the nr,n,,ro,
are named TO appear before the criminal
court OF record, another procedure is to
be taken, which will in a measure test the
law. This is an application for a writ of
haoeas corpus, which will be made before
Judge Call probably next Monday
Corbett and Mitchell are now practically
in custody, The argument will be that
they are unlawfully detained and that their
arrest Illegal because there is no law
against glove contests.
If Judge Call holds that the arrest was
illegal Mitchell and Corbett will both be
released and will engage in a glove contest
IL they please.
If on the other hand Judge Call decides
that the arrest was legal, then the princi-
pals will be compelled to appear before the
criminal court on the day named and then
their case goes before n jury.
The opinion is that there is no jury in
Duval county who would find them guilty.
There Is another contingency which may
put new phase on the affair and that is
the possibility of the governor instructing
the county solicitor to quaSh these proceed
ings and institute such new proceedings
as he and the attorney general may agree
upon.
Shortly after. the arrest of Corbett and
Mitchell, Solicitor Christie wired Governor
Mitchell and Attorney General Lamar in
forming them Of the action that had been
taken. The arrests were made under two
sections of the Florida statute. The first
section 2,4lJ) Is follows: whoever by
previous appointment or arrangement meets
another person and engages in a fight shall
be punished by imprisonment not exceed
ing six months. or by fine not exceeding
$500"
The second section alluded to (259D re-
lates TO an attempt to violate the laws of
the state, and fixes the penalty at one
half OF the greatest punishment which
might have been inflicted IL the offense
attempted had been committed Under
this provision Corbett and Mitchell in case
Of conviction. would be confined in Jail
three months and be fined $3.50 each
Solicitor Christie has wired Attorney
General Lamar to be present at the habeas
corpus proceedings Monday. The members
of the Duval Athletic Club feel confident
that the court will decide that glove con-
tests are not Illegal IN Florida and assert
more positively than ever that the contest
will occur.
What win the Governor Do.
Sheriff Broward wrote to Gov Mitchell
about week ago asking what means he
should adopt to stop the fight. So far the
governor has not replied to the sheriff's
letter, but men who know the governor are
sure that he will order the sheriff to do all
in his power to prevent the contest. The
governor is a very determined man, and
those who know him best say that he will