Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-02-17
Efforts to Detain Him as a Criminal
Prove Unsuccessful.
He IS READY TO FIGHT CORBETT,
And Says the Conditions Imposed
by the Champion Are Not Un-
satisfactory - His Backer is
With Him to Put Up the Stuff
for the Fight-The British Bluff
fer Talks Fair at Last.


the steamship Majestic, was detained
this morning by Inspector Wormser.
chief Of the quarantine guard, who re-
fused TO let him land because he held
Mitchell 10 be an eX-convict.
When the Majestic reoch.G her dock
at s:45 n. m, the Inspector went aboard
and under instructions from Commis-
sioner Of Immigration Weber, informed
the English fighter that he could not
land just at present. Mitchell had with
him esquire" Abingdon Baird, Benja-
min Abrahams and +. NJ. Bailey. He
was somewhat surprised but not demon
strat.ve when he learned that he might
have to return without having touched
his foot on American soil. He sent
ashore for counsel.
Mitchell finished term in prison only
a short time ago, ana is therefore held
TO be an ex-convict and amenable under
the law which prohibits the landing OF
alien immigrants who have been In
prison, providing 1t is the intention OF
the immigrant TO settle In this country.
Otherwise he cannot be held. So Col.
Weber, Commissioner OF Immigration,
declared this morning.
Col. Weber issued the orders which
caused Mitchell's detention. He in
structed the contract labor bureau 10 iu-
vestigate the case and IL facts warrant
ed il the English prize fighter would be
removed to Ellis Island, whore Col.
Weber had decided TO hold a rigid ex-
animation into Mitchell's case.
"The words, allen immigrant, said
Coicnel Weber this morning, "consti-
tutes a defect in the law. / called at
tention to 1t before the bill was passed.
No remedy was offered, because any
amendment would have caused a delay
in the passage OF the bill. ] have con-
tinually called the attention OF the i'm
migration commissioners TO the defect
as exhibited In the ordinary workings
Of the law, but the trouble has contin-
ued. The Courts have decided that an
allen immigrant is one who comes here
TO settle permanently. II that is the
intention of Mitchell, he will be dealt
with In the same manner as any other
alien convict would be dealt with. We
will make no exception in his case"
Colonel Weber further stated that n
the law provided for alien passengers,
Mitchell could never laud here, but
that II the EnglIshman could show that
mis- visit was merely for a short time
and that he intended 10 return to Eng
land, the present law would not affect
him.
The lawyers summoned by Mitchell
decided 20 apply AZ once for a writ OF
habeas corpus for the production Of
Mitchell in the United States Court, or
the quarantine officers be required TO
show cause why Mitchell should not be
allowed 20 land. The contention OF
Mitchell's counsel will be that his con-
viction In England does not prohibit
him from landing, because Mitchell was
convicted only Of simple assault and
not OF a felony.
At o'clock, after conference sheld
In the purser's office between his at
torneys and Col. Weber and Mitchell
and his backer, 1t was agreed that Major
Wanser should accompany the prize
fighter 10 the Office OF his lawyers and
that after a consultation there, all should
attend a habeas corpus hearing at D.
m, and then Mitchell was TO accom-
pany Major Wanser to Ellis Island Tor
examination by Col. Weber
Before the arrival Of the writ, and
while Mitchell chatted cheerfully with
his friends in the saloon. a mild faced
lad came in and handed Mitchell fold
ed pa,er and then turned and went out
quickly as II he bad lighted fuse and
wanted TO get out Of the way Of the ex-
plosiOn.
"Well, now, / call this cruel" ex-
claimed the man who wants 10 wear the
belt. Listen to this" and he read the
document aloud. II was the service Of
summons IN a civil suit, accompanied
by the complaint Of the plaintiff, John
| II. Norris, OF Springfield, o., who
claimed that be had served Mitchell
in 1890, as detective. when the pugilist
was making his way through Louisiana
after the New Orleans fight. Norris
wants $500 for his work.
81 never saw the man but once or
twice, ye know" said Mitchell, "aDd az
for hiring him, never thought Of such
thing. I'd like to know the use /
could have for detective"
Soon after p. N. Mitchell left the
| ship as arranged and met large crowd
OF curious folks, some Of whom shook
| their ists at him as be got into a car
riage and made terse and ungramatic
prophesles Of what Jim COrbett would
do for him. The pugilist reached court
az p. ID.
When Justice Andrews came 70 court
MltchelFs lawyer said that Mitchell had
been detained on the ground that be
! was q convict under the laws prohibit
ing convicts, pauDers and others from
immigrating. He had been sentenced
TO two months FOR simple assault, and
! had served his term. He could not be
/ considered an habitusl criminal.
Major Wanser acting chief OF immi-
grafton was Ia court without counsel.
He made no return 70 the writ except
70 show telegram from w. y. Owen.
Superintendent OF immigration oi
! Washington, asking II Mitchell had
been convicted OF crime involving
moral tErpitude. When Justice An
drews asked II Major Wanser had AL
reason in law for OBTAINING bin, tbs
Major said be only detained him on the
law. He said he did not believe there
was any grounds for detaining Mitch
ell.
"MitcheIl. you are dischsrged," said
Justice Andrews.
Mitchell was congratulated, SHOOK
hands all around ard departed.
After the court proceedings Mitchell
and his party went oysr TO Georg'
Dickinson's Office, wher9iCoroetts SO
900 Is on deposit be- vas accompanied