The morning call., 1894-05-03
The English Champion Adjudged
Guilty of Contempt.
HIS PRIOR CLAIMS ASSERTED.
Judge Slack Acts as Referee in a
Contest in Which Words Only
Hold Sway.

TWO noted athletes, SanQoW anu Oan-
dowe"-with an "e'-encountered one an
other yesterday within the solemn pre-
cincts of Superior Judge Slack's court.
Visitors shifted battle in the air. Twice
before had the public thirst for sensation
been unappeased; twice had the expectant
seekers after gore been told to come
again." but when yesterday morning the
suit OF Eugen Sandow, the perfect man.
against Irving Montgomery, falsely and
fraudulently calling himself Sandowe,"
was called on, the lOng-sutfering watchers
felt their time was come.
First to appear upon the field of legal
yerbiage was the defendant. Irving Mont
gomery, "Sandowe." brought thither at
the unceremoni ous request OF the Sheriff
OF San Francisco, to show cause why he
should not be immured in dungeon for
having violated the order Of Presiding
Judge Hebbard, commanding him to de-
sst from giving athletic performances
under the stage name of his distinguished
rival, Eugen. of that ilk.
OVERWHELMINGLY of Birmingham.
England-was arrayed in spOtless gar
mpnts of a most dazzling hue. A long
white coat of the design now vulgarly
termed 'willie-boy"., clothed his her
culean shoulders, while very small but
very shiny plug" hat concealed from
view the manly, sun-Iit curls. In word,
"Sandowe" was on deck.
Timothy Crowley of the San Francisco
bar sat beside his distinguished client.
mpatIentlv waiting for the foe. The
plaintiff, Eugen Sandow, was legally rep
resented by Eugene +. Bert ana Andrew
J. Cunie Their champion wisely de-
layed his entrance upon the scene until
the audience had got properly seated.
Eugene I. Bert made the opening state
ment After q little discussion between
Mr.. Crowley and the court baillff upon
the subject of S14 fees Mr.. Bert announced
TO the court that he desired the instant
Incarceration of "Sandowe"-with an Sc"
for contempt of court. Mr.. Bert. at the
request of the court, recited the co nDaint,
wherein it was shown how that this Irving
Montgomery was very bad imitation of
the genuine article whose signature footed
the document, and. although fully con-
scous of his own unworth. persl sted IN
holding himself forth to the world as no
less great parsonage than the plaintiff
himself.
Plaintiff Eugen. it was told, had by dint
of long practice, arduOus labor and na-
tural skill succeeded iD proving that he
was the strongest man in the world, and
his name. ''Ssndow," had pentrated to the
uttermOst corners of the earth. The de-
feudant. it was alleged. was an Inferior
creature Of a later date, and had simply
secured recognition among the I'm wise by
parading as the original with base imita.
ton of his artistic performance.
Montgomery had been able so far to
keep out of the reach of his rival, having
come to America some two years ahead of
him, so tn at no redress had as yet come TO
the wronged. But Eugen Sandow, having
corraled his man in San Francisco, had
promptly commenced injunction proceed
ngs against him, with result that re-
siraining order was made by Judge Heb
baad. Unfortunately Montgomery had
violated this express order and was ar
rested in consequences for contempt of
court. The measure of punishment was
the only matter which Mr.. Bert considered
l. V before the court.
Eugen SandOw came in at this moment,
arrayed in summer costume and carrying
buzZsaw hat and crutch cane in his bejew-
eled hand. As he took his seat his glance
for a moment rested lightly upon his hated
rival. The later returned the look and for
a moment the silence was more eloquent
than words.
At this juncture Mr.. Crowley rose to
Quash the proceedings. He said there was
a lack of suffieiency in the affidavit accom-
paDying the warrant which caused his eli
enfs arrest. This was no order to show
cause: it was a pure and simple attach
ment, followed by arrest. Mr.. Montgom-
cry had bad no chance to reply or to state
his own case; he had been ipso factO pre-
judged of contempt and arrested right
away. Now was the time to invoke the
aid of an all-protectiDg law.
Judge Slack suggested that the suffi-
cheney of the complaint had little to do
with the present proceedings. The ques-
ton was. Did or did not Irving Montgom-
cry "Sandowe" disobey Judge Hebbard's
restraining order?
There was considerable dispute over
I'D ~.
Crowley and Andy Clunie, which, after
much trouble. was stopped by the Judge,
who said be was perfectly satisfied that
only one question was in order, and he
asked Mr.. Crowley if he had anything 10
say in answer to the charge named. of vio-
lating the order of the presiding Judge.
Crowley made another effort to show
that the proceedings were of criminal
nature and as such ought to be dismissed
without further hearing, but the Judge
said he had decided to hear testimony on
this point. ThereupOn Mr.. Crowley got
up and shook hands with Mr.. Bert and
Mr.. Clunie and Eugen Sandow, while a
similar compliment was paid by the plain
tff's attorneys TO the object of their at
tack These formalities settled Judge
Slack suggested that the case proceed.
Deputy Sheriff Jamer Aarkin testified
that he served the injunction papers upon
the defendant at the Orpheum Theater.
On second WISH Inc QeIen0ant was
cautioned that the injunction took effect
ct once. Nevertheless. he went on with
his preparations for giving his perform
aDce.
w. T. O'Donnell testified that San
doves" performance took place as usual
on the night of Ap1il 20. after the iDjunc-
ton pa pers had been served.
W. A. Temple had to say that he at
tended performance given by the defend
ant under the name of ''Sandowe" in Oak
land on the night of April q. No mention
was given of any English champion who
had no connection with Eugen Sandow";
the performer was characterized as plain
and simple Irving Sandowe." In cross
examination The witness admitted that he
had only been asked to testify few mo-
ments ago, having strayed into court and
volunteered t. tell what he knew.
Gustav Walter. manager of the Orpheum
Thea.er, testified to having made the con-
tract with the defendants manager. Will
liam Plummer testified to the two per-
formanees in Oakland as having been given
by the defendant under the name of san
DOVE"
The plaintiffs case then rested, and
Crowley rose TO dismiss the proceedings on
the ground that no violation of the injunc-
tion bad been shown. Ii it bad been