The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-02-17
,rrcnELL DETAINED.

,n me English heavy weight prize
e,b,or VINO arrived last night on the
s,c,msbip Majestic was detained this
no,nipg by Inspector Wormser, chief
at,bo quarantine guard, who refused to
lot him land because he held Mitchell
~ he an eX.conyict
When the Majestic reached her dock
s.l5o. M, the Inspector went aboard
=, npJer instructions from Commits
aDT ii migration Weber informed
shn FpoIish fighter that he could not
i'nj irst AT present. Mitchell had with
i i'ia, aSnuire" Abingdon Baird, Benja'
min Abrahams and 4. NJ. Bailey, lie
WAS somewhat surprised but not dem
nns,ratiye when he learned that he
,"ig1t have 10 return without having
,onrbei His foot on American soil. lie
sent ashore for counsel
Mitchell finished term in prison only
, short time ago, and Is therefore held
=, bean ex.conyicG and amenRble to the
lac which prohibits the landing OF alien
immiprants who have been in prison,
nroyiding It IS the intention OF the I'M
migrant 10 settle inthis country. Other,
VIA he cannot be held. So Colonel
Weber, commissioner OF immigration,
declared this morning.
Colonel Weber issued the orders that
caused Mitchell's detention. lie in
strncted the contract labor bureau to
investigate the case, and ii the facts
warranted il the English prize fighter
wonld be removed to Ellis Island, where
Colonel Weber had decided to hold
rigid examination into Mltchella case.
1.-THE words allen immigrant, SAID
Colonel Weber this morning, "consti-
tntes a defect in the law. / called at
,rntjon 10 1t before the bill was passed,
No remedy was offered because any
amendment would have caused delay
in tho passage OF the bill. have con-
tipualIy called the attention OF the i'm
migration commissioners to the defect
AZ exhibited in the ordinary workings
Of the law, but tho trouble has contin-
ned. The courts have decided that an
alien immigrant is one who comes
here 10 settle permanently, Ii that Ia
the intention Of Mitchell he will DO
dealt with in the same manner MS any
other alien convict would be dealt with.
We will mako no exception in his case.
Colonel Weber further stated that II
the law provided tor alien passengers
Mitchell could never land here, but that
il the Englishman could show that his
visit was merely for short time and
that no intended to return to England,
tine present law would not affect him,
The LAWYERS summoned by Mitchell
decided to apply at once for writ OF
habeas corpus for the production OF
Mitchell in tho United States court OF
the quarantine officers be required to
show cause why Mitchell should not be
allowed to land. The contention OF
Nlitchcll'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 felony.
Att o'clock, after a conference hold
in the purser's Office between his attor.
news and Major Wanser and Mitchell
and his hackers, it was agreed that
Wanser should accompany the prize
fighter to the office OF his lawyers, and
that after a consultation there all
should attend a habeas corpus hearing
at p. M, and then Mitchell was to ac-
company Major Wanser to Ellis Island
ior examination by Colonel Weber.
Before the arrival OF thetwrit, and while
Mitchell chatted cheerully with his
friends in the saloon, a miId-faced lad
came in, handed Mitchell folded pa
per, and went out quickly as If he had
lighted fuse and wanted to get out OF
the way OF tho explosion.
"Well, now, call this cruel, ex-
claimed the man who wants the belt.
Listen to this" and ne read the doc
ument aloud. 1t was the service OF sum
mons in q civil suit, accompanied by
the complaint OF the plaintiff, John L.
Norris, Of Springfield, o.. who claimed
that he had served Mitchell in 1890 ne
detective, when the pugilist was max
ing his way through Louisiana after the
New Orleans fight. Norris wants 500
for his work.
81 never saw the man but once or
twice in my life, ye know" said
Mitchell, "and as for hiring him, |
never thought Of such thing. I'd like
to know the use could have for de-
tcctive."
Soon after D. m. Mitchell left the
ship as arranged and met large crowd
OF curious folks, some Of whom shook
their lists at him as he got into q car.
riagc, and made terse and ungrammati-
cal prophesies OF "what jim Corbett
would do for him." The pugilist
reached court at p. m.
When Justice Andrews camc to court
MitChell's lawyer said that Mitchell
had been detained on the ground that
he was convict, under the laws pro-
hibiting convicts, pRupers and others
from immigrating. He had been sent
fenced to two months for n simple
assault aud had served his term. He
could not DO considered habitual
criminal.
Major Wanser, acting chief OF immi.
grafton, was in court without counsel.
lie made no return to the writ except
TO show Il telegram from W. D. Owen,
superintendent OF immigration at Wash
ington, asking il Mitchell had been con-
yicted Of a crimo involving turpitudc.
When Justice Andrews asked If Major
Wansor had any reason in law for do.
tanning him, the major said he only
detained him on the law. He said he
did not believe there was any grounds
for OBTAINING Mitchell.
mitchell you arc discharged" said
Justice Andrews.
Mitchell was congratulated, shook
hands all around and departed.
James ]. Corbetts manager, William
Brady, who is in town with trainer
Billy Delaney, had deposited $4,000
check for fight to n finish between the
champion and Mitchell next December,
before either the Crescent or olympic
clubs OF New Orleans or the Conoy
Island Athletic club. Ito has also post