The Wichita daily eagle., 1894-03-02

JACKSONVILLE, Fla, March AT Dol
o'clock this afternoon the jury in the case
against James j. Corbeett, charged with
violating the laws of Florida, by engaging
ia priZefight, retired to make up ver-
dict. At 4:07 o'clock or fifteen minutes
later, the jury returned and the foreman
handed the verdict to the states attorney
who read:
eve, the jury, fud the defendant not
guilty."
A broad smile spread over Corbett's
face as he heard these reassuring words,
and the sports who crowded the court
room would have cheered had they not
been informed by Judge Phillips when the
jury came in that he would send any per-
son to Jail for contempt who dared TO ex.
press audible approval or disapproval OF
the verdict. Charley Mitchell was pres
ent when the verdict WAS announced, and
he leaned over and grasped Corbett by the
hand, aud whispered congratulations.
Mitchell, of course, considered the verdict
in the light OF practical acQuittal for
himself.
The proceedings leading up to the ver-
dict were very tame. Court convened at
$50 o'clock a. m., and the state resumed
the examination OF its witnesses. The at
torneys for the prosecution tried to elicit
testimony TO show that the fight was bru-
tai, and 20 make the witness admit that,
from the very brutality Of the contest,
COrbett and Mitchell must have harbored
malice against each other. The state,
however, did not make headway on this
line, and then il attempted to bring
in the check for $40, ,000 which Corbett re-
ceived in public after the fight. All the
witnesses had seen a piece of paper han
ded to Corbett. but all were innocent of
its character.
Jack keefe, who was chief of police when
the fight occurred, aud supervised it, was
questioned about the check. He was at
the theater when it was presented. When
asked II the paper Was not check, he said
he did not know.
The state rested here, and the defense
announced that it would introduce no
witnesses. Argument was then begun.
The attorneys were brief, and when they
concluded Judge Phillips charged the jury.
The gist of the charge was as follows:
ut Is lmmaterial whether it WAS glove
contest or a sparring match or a boxing
match; if it constituted and amounts to
fight, as already defined, it is violation
of the law of Florida against fighting by
previous appointment, rs the court has al
ready stated. In considering the guilt or
innocence of the defendant, under the Sec
ond count of the Information charging as
sault and battery if it appears from the
evidence that the blows were given rs u
result of compact which the parties
agreed upon and entered into aud
to, the court instructs you that
II such blows were given in contest
which, in the usual course OF things, and
being carried on in such manner AS
would not inf1icG bodily harm or injury to
the person, the consent of the person re-
ceiving the blows excuses the assault and
battery, and the defendant. under such
cannot be found guilty of
assault and battery. But il the contest in
which the parties were engaged in was Of
such nature and being carried on in such
a way AS, III the usual course of thugs,
would cause bodily harm or IN
jury, and the blows were given
with the intention to cause
bodily harm, or appreciable bodily
paip. the consent OF the party receiving the
blows is no defense to the charge of as
sault and battery and the party can be
of assault and battery under
such circumstances"
With this charge the jury retired and
soon reached verdict of mot guilty."
The Impression here is that the whole
thing has been farce
Corbett left for New Orleans tonight
with the after Dark" company. Mitchell
is here, and will remain until the case
against him is either tried or nolled.