Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-01

State Circuit Court Judge Call has |
granted the Duval Athletic Club an in |
junction restraining the sheriff of the |
county from interfering with an enter |
tainment in the nature of boxing con-
test which the club proposes to hold in
the fair grounds tomorrow.
Corbett and Mitchell have arrived
from the training quarters and are rest
Ing quietly at their hotels. The club is
rapidly disposing If $25 tickets to the
fight, but the referee has not yet received
the $4,000 purse in cash, and Governor
Mitchell has not yet played his hand.
AS result of this condition, the live
Hest business being done in town is bet
ting on whether the fight will take
place. Even money is being wagered
freely on this argument. Those who
are taking the negative end of the propo-
Eition arc basing their Judgment on
what they have learned of Governor
Mitchell's character. They say, in the
expressive, if not polite slang, of the
sporting fraternity, that the governor is
not a man to run the bluff OF bringing
the militia here and then make a
monkey of himself by allowing the
fight to go on, while the soldier boys sit
on the end of Market street wharf, OPP
posite their armory, and bob for rock
fish.
But, in spite of the Inconsistencies,
up to this hour the events of tho day
have been exciting enough. The first
principal event was announced for 10
o'clock in the morning in the large
county court ROOM.
This room was early packed, the
spectators being mostly northern Wis
itors who were attracted almost as much
by desire to see typical southern
court room scene, as by interest in the
result of the legal struggle. The scene
was typical in part only; some of the
actors being of the old southern school,
but the setting was disappointing TO
those who expected to see little dingy
court room. The room was larger than
any court room in New York city, was
lighted by lofty cathedral windows and
had accommodations for members of the
bar, reporters and spectators, that few
northern court rooms afford.
But this disappointment was quite
compensated for by the rich, old-time
Southern flavor impaired to the scene
by the performance of Colonel Cockerell
the senior counsel for the club. Every
Northern man there fell in love with the
colonel and, although he was instantly
nicknamed ellis Whiskers" by all the
New Workers, the name was given il
affection and not in jest. The colone
is almost as tall as lamp post and il
quite as thin. lie wore a long, old
fashioned, closely buttoned broadclotl
coat, and his beard fell in long poin
half way to his waist.
lie has long arms and long, thin hands
which he used with amazing vim or ii
accenting his argument. One gesture
which he used SO frequently that tn
crowd began to watch and long for il
was a swing of his right arm over hi
head, followed by downward and out
ward shoot, as if he were pitching bal
and ending with back fling which lodge
his arm firmly up between his shoulder
blade, at which time he was usual
leaning forward, his attitude conveyin
the impression that someone had tosse
his right arm at him and he had caugi
it on his back as jugglers do cannon
balls. Colonel Cockerell clinched h
northern conquest by saying, ''y
honoh" and "cote" and "race cose,
just as his auditors hoped he would.
In addition to this there was nothir
whatever the matter with the gray SUI
stance in the coloneps brain. His ass
ciate, ex-Judge Young, who was Judl
Calls predecessor on the bench, fir
read authorities on the jurisdiction
the court in the case and on every 9th
law point involved, citing from 26
books, wherein he led States counc
Mr.. Hartride, who only read from 9
Judge Young is as thin as his dist
guished associate, but everything
short about him, except his moustac
and chin beard. He argued that t
contention of the State was based {
tirely on the assumption that the Dul
Club was engaged in promoting
illegal enterprise, but the State was
fatal error in not backing up that
sumption with single affidavit.
He read the articles of agreement
tween Corbett and Mitchell, which ma
no mention of any enterprise which
illegal under the laws of Florida,
glove contests are not prohibited by la
The Duval Club was entitled to the
sumption that the contest is to be
cording to the articles of agreeme
until some proof to the contrary is 81
united. Mr.. Young disclaimed a
sympathy with prize-figh.s or glc
contest, for that matter, but so long
the State had no law against the lat
the clubs rights must be respected.
Then ii came Colonel Cockerell's tn
He first paid his respects to Cover
Mitchell, who, he said, pretends to KIN
all the law and refuses to permit
court to interpret the law for him
waxed indignant when he common
upon the tramp of armed men in
streets of Jacksonville.
The sheriff, he said, appeared in &C
in opposition to the issuance of the
junction only because he was so
structed by the governor, and, il
yidually, had washed his hands of
responsibility in the case. The cole
then went into the law of the case anC
of the old southern lawyers pre-:
gravely nodded their heads in apprt
as the clubs counsel demolished
States contention that court did
have jurisdiction to restrain peace
Ger in the performance of his duty W
it was shown that the peace officer Ii;
mistaken idea of what constituted
duty.
Acknowledgement Lamar made
functory argument on the law of
case He was forced to extend the Sc
of his argument by the court ash
him this question 81 understand
the Duval Club contends that it is
gagged in the execution of its lay
rights in giving an entertainment
that the sheriff proposes to invade
u club grounds and stop that cnierl