Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-12-29
WILL TEST THE Law.

1 Both Corbetf and Mitchell Have
| Been Arrested and Placed Under
Bonds-Another Procedure VIII
Also be Taken within Week-The
Arrests Taken by the Friends of
the Principals rs a Huge Joke.
JACKSONVILLE, Fla, Dec. 2S.-Charles
Mitchell and James J. Corbett were ar
| rested TO- day, according to q pre-arranged
program of the Duval Athletic club to test
the law In this state in reference to glove
| contests. Mitchell was arrested at the
Everett hotel this morning, but Corbstt
did not appear In court until this after
noon, as he could not reach the city from
his training quarters at Mayport at an
earlier hour.
The affidavit was issued by County
Judge Baker. It says that Mitchell and
Corbett did on the 9th instant agree to
commit an offence prohibited by law, to
wit: Did attempt unlswfully by a pre-
vious appointment to meet each other
with the intention of engaging in fight.
The warrant alleges that Corbett and
Mitchell are now trying to get together
and carry out their intention to fight un-
der the agreement. The judge did not is
sue the warrants or affidavits until County
Solicitor Christie had passed upon them
and advised the sheriff to have the war
rants served.
There was q large crowd in and around
the court house when Mitchell and his
party appeared In the court room. After
the formalities of arrest were gone through
q bond was made out and Mitchell signed
it. Mitchell binds himself in 81 500 to ap-
pear before the criminal court on January
Q. His sureties are Messrs. Richardson and
Bovden. When Corbett and his party
reached the city Corbstt proceeded to the
court house and signed bond similar to
that signed by Mitchell. His sureties are
the same as Mitchell's.
Christie expressed doubt whether the arti-
Giles of agreement incorporated In the war
rant were identical with the original arti-
Giles. The solicitor seemed to think the
clause giving the referee power to stop the
contest when 1t endsngers life or limb an
afterthought. Corbett explained that even
IL this clause had been added to the origi-
nal articles 1t cut no figure, as II was i'm
possible for the contest to become brutal
SO long as the rules governing such contests
were enforced. Friends of Corbett and
Mitchell treated the whole proceeding as q
huge joke.
Before January D, when the principals
are named to appear before the criminal
court of record, another procedure Ia to be
taken which will In o measure test the law.
This Is an application for q writ of hsbeas
corpus, which will be made before Judge
Call next Monday. Corbett and Mitchell
are now practically In custody. The srnu-
ment will be that they are unlawfully de-
tanned and that their arrest was illegal be-
cause there Is no law against glove con-
tests.
If Judge Call holds that the arrest was
illegal Mitchell and Corbstt will be re-
leased and will engage in glove contest If |
the arrest was legal then the principals |
will be compelled to appear before the
court and then the case goes to a
jury in Duval who would find them guilty.
There is another contingency which may
put a new phase on the affair and that Is |
the possibility of the governor fnstructiug
the county solicitor to suash these pro-
ceedings and institute proceedings as the |
attorney general may agree upon. Solic- |
Itor Christie has informed Governor
Mitchell and Attorney General Lamar of |
the action taken and has asked the latter |
to attend the habeas corpus proceedings |
Monday.
The arrests were made under two Sec
lions of the Florida statutes. One section /
provides that whoever by previous ar
engages in a fight shall be
imprisoned not exceeding six months or
pay fine not exceeding $500. The other |
section fixes the penalty for an attempt to |
violate the laws at one-hslf of the greatest |
punishment which might have been in
aicted if the offence had been committed. |
Under this provision Corbett and Mitchell,
# convicted, would be Jailed for three /
months and fined $3.50 each.
The members of the Duval Athletic club /
feel confident that the court will decide /
that glove contests are not illegal. The
club ID bearing the whole expense of the |
egal proceedings.