Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-25
THE DUvAL CLUB WINS
A Psrmanent Injunction Against Stopping
the Fight.
fhe Pusflists Gain Their Contest I'm
the Courts-Last Nights Scenes
ut Jacksonville.

NJ JockAonvtllo.
A crowd which again packed the circuit
court room at Jacksonville. Fla, to the
doors assembled yesterday to hear the con-
tinuance Of the case of the Duval Club In
their plea for an injunction restraining
Sheriff Broward of Duval county from in
terfering with the glove contest between
James ]. Corbett and Charles Mitchell.
Added interest was given to the case b. the
presence OF the attorney general of Flor
ida. Lamar. who had arrived at Tallahassee
to assist States Attorney Partridge In the
defense.
Col. Cockerell. in behalf OF the Duval
Club. stated to the court that the plaintiff
was informed that the defense would offer
. demurrer to the bill
Col Cockerell then read the bill, setting
forth the grounds upon which an Injunction
was asked for.
States Attorney Partridge then offered
demurrer to the bill and presented an
affidavit by Sheriff Broward. in which the
shertfrs position in the case was set forth.
In II the sheriff said he believed the
called glove contest would be a brutal prize
fight and in violation of the law; that he
had been instructed by the governor to pre-
vent the contest and he believed that in
20 doing he would be acting in the dis
charge Of his duty. and that he denied that
he had ever done anything to injure the
Duval Club or hinder the sale of tickets for
the glove contest.
States Attorney Partridge then read the
law governing cases of equity and claimed
that court Of equity had no right to in
terfere with sheriff in the discharge of
his duty.
Ex-Judge w. B. Young, for the Duval Club.
commended that there was nothing illegal
In the proposed contest and that the sher-
In was assuming that IL was illegal, there
by preventing the Duvai Club from enjoy
ing the lawful right and privileges to hold
contest Of the kind. He then cited various
cases where injunctions had been granted
against sheriffs in cases of similar nature
He read an affidavit Of Sheriff Brown, in
which that Official stated that he did not
know whether the proposed contest, should
IL be brought off according to the articles of
agreement. would be in violation of the law.
Col Cockerell then continued the case
for the plaintiff. He said that the sheriff
did not know whether the contest would
be Illegal or not. but he was simply acting
under instructions from the governor
Col. Coekerell then launched out rather
warmly into what might be d we.l-uimed
roast on the governors action in in
strueting the sheriff. which the lawyer said
court and was setting up the executive as
supreme sheriff Broward is acting not
In accordance with his idea of the law but
Is simply obeying the command of the ex-
ecutive- The governor is trying to invade
private rights"
Col CockereiPs argument was continued
at great length. the burden of the remain
der OF his talk being in denunciation of the
acts or the governor as one of official op-
preston
The Attorney Generals Reply.
Attorney General Lamar then replied for
the state. He began by saying that the
whole matter was test case. The allega-
tons set forth in the bill of the complain
ants were loose and vague. The club had
made claim that they were out 10000.
and without specifying what they had
spent II for. whether they had spent 1T in
Improvement Of their grounds, their club
rooms, their race track or what not. To
gain the relief they seek for the demands
hs said. must be more specific. 1t must be
qAtnly and clearly stated. This court
o0uld not interfere in a case where the
sherin was acting not only through his
own discretion, but under the orders of the
governor OF the state As to what he was
trying to prevent there could be no doubt
that 1t was prize fight. None of the hun
dreds OF people who have come here unless
they came in care Of q guardian or with
express tags on them will attempt to say
that the contest Is to be anything else bus
a prize fight.
The attorney general said that the COM
platnants were asking the court to ad-
1udicate something in advance of its tax
ing place In an equity sense. when 1t might
aftsrward come up in the criminal court
This court had no right, he said, to inter-
fsrs In any except civil cases.
The Injunction Granted.
AT the conclusion of the attorney gen.
srsfs argument the Judge leaned forward
In his chair and rested his arms ON the
desk In front Of him. preparatory to speak
Ing The vast audience Immediately be-
came silent. and for a moment there was
brsAthless suspense as each one in the
room expected a decision from Judge Call
He did not decide the case, however. He
said that II the question as to whether the
contest was legal or Illegal one that the
sheriff was about to prevent he wished to
hear further argument.
The attorney general held that The case
came under the Statute prohibiting per-
sons from meeting by agreement to fight