The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-03
A VICTORY FOR MITCHELL.
The Criminal Court DOdgeS Constituting
the Law.

6rOunO 1naC NO information
Against Them Had Been Filed-This
Leaves the Governor Unhampered
by An Adverse Deoision-Mitchell
Declines to Agree to a Change in the
Location of the Fight and Is Accused
of Cowardice in Consequence.
Jacksonville, Fla, Jan. 2.-In the crimi-
nal court of record this morning the at
torneys for Corbett and Mitchell APP
peared, and confidently expecting that
Judge Phillips would decide the case
against them, had their clients in the cir
cult court, where arrangements had been
made for hearing by Judge Call to-mor-
row, on motion that writs of habeas
corpus be issued and the men released.
But as soon as the criminal court opened
j. B. Christie, the prosecuting attorney
Of the court, arose and said no informa-
tion against Corbett and Mitchell had
been filed with him or with the Judge or
clerk, and he saw no reason, therefore,
why they should not be released, and
their bondsmen be relieved of any fur
ther responsibility. The Judge so or
dered, and the case was
ended then and there. This is
a triumph for Gov. Mitchell,
and the opponents of the Duval Athletic
Club. for it showed the case out of the
circuit court, and thus prevented the
rendering of the favorable decision which
the club had hoped for. 1t is said that
the governor put the screws on Solicitor
Christie and forced him to this course
Good lawyers say that the record of the
case in the county court and the binding
over of the accused to the criminal court
was sufficient "information for Attorney
Christie To have prosecuted the case
upon.
AN ATTACK ON MITCHELL.
Charley Mitchell, the alleged boxing
champion of England, and self-styled
champion of the world, has shown the
white feather, or something that very
much resembles that article despised by
all lovers of the prize ring. Despite his
alleged consuming desire to face Corbett
to-day seem to indicate that the
Eoglishman is ready to squeeze through
any loophole to escape meeting the cham
pion of America. That, and not the
alleged knockout of the DuVal Athletic
Club by Gov. Mitchell in the courts here
this morning, is the real sensation of the
day in sporting circles. 1t all came about
in this way: After Solicitor Christie,
under coercion from the governor, re-
fused to have anything to do, with
the test case brought by the athletic
club, by which the promoters of the con-
test hoped to have the Florida law relat-
ing to prize fights settled, so as to pre-
clude the possibility of any interference
on the day set for the fight, the mana
gers of the club began casting about for
ways and means to "pull off, the affair
in spite Of the governor and courts.
WON'T SIGN NEW AGREEMENT.
Accordingly, Manager Bowden, of the
club, sent Harry Mason over to st. Au-
gustine to see Mitchell and induce him to
sign amended articles of agreement The
original articles, at Mitchell's suggestion,
provided that the fight should occur
within two miles of the city of Jackson
vile" The club to-day wishes to change
this clause so as to have it read that the
fight should occur within the state
of Florida" The purpose of
the club was that it might
have the freedom to select
any place in the Estate for the contest
where it was least likely there would be
interference on the part of the authori-
ties When the situation of affairs was
explained to Mitchell and he was asked
to affix his name to the amended articles
of agreement that worthy fatty refused
to sign. He said that he would never
put his name to the paper unless the site
for the contest was definitely fixed.
Harry Mason urged and expostulated
with the Englishman, telling him that
the change was simply one of precaution
in view Of the governors hostile attitude,
but to no avail Mitchell absolutely re-
fused to sign and Harry Mason returned
to Jacksonville, staggering under a load
of disgust. 1t should be remem bered that
the original articles stipulated that the
fight should occur '''within the state of
Florida" This was changed to within
two miles Of the city of Jacksonville" at
Mitchell's suggestion.
ATTRIBUTED TO CowARDIoE.
It looks now as if Mitchell never really
desired to go up against the American
champion, and Is taking advantage of the
difficulties under which the club is labor
ing, owing to the hostile attitude of the
state authorities, to ''crawfsh." The
managers of the athletic club are in a
state of mind tonight, and are roasting
Manager Bowden said tonight to
the Southern Associated Press
correspondent that he would go over to
St. Augustine tomorrow, taking along
representatives of the Press Association
and force Mitchell to sign the amended
articles or brand him to the world as
having shown the white feather.
WHY CHRISTIE GAVE IN.
The second sensation of the day in
sporting circles was the action of Solici-
tor Christie, representing the state, in re-
fusing to proceed this morning in the
cases against Corbett and Mitchell. 1t is
well known that Christie was forced to
this action by Gov. Mitchell, at whose
will he holds Office. The governor
charged "collusion" on the part of the
Duval county authorities when the cases
were brought, and it is said that Solicitor
Christie had received an intimation from
the executive that if the cases were not
dropped he (Christie) would lose his Off
cial head. Christie did not have enough
sporting blood to stand the gubernatorial
gaff, and so he dropped the case.
THE CASE THROWN OUT.
Solicitor Christie's announcement in
court that no information had been filed
against Corbett and Mitchell meant prac-
tically that the case against them had
been mol pressed.
1t knocked the pins from under the
club so far as settling the law in relation
to prize fights is concerned. The
club had depended upon this
test case to put the fighters
beyond arrest. AS it is now the fighters
can be arrested at the last moment, and of
course everybody knows that an arrest at
that time means that the fight shall not
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