The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-01-02
BOTH GIVE BOND.
MITCHELL AND CORBETT ARRESTED
FOR A TEST CASE.
Charley Declared he Would Not Pay u Cent
of Costs--Both Take it Joke--Mitch-
elps Arrival at Jacksonville, Etc.

Mayport at an earlier hour.
The affidavit issued this morning by
County Judge Baker. 1t says that ChafleS
Mitchell and James J. Corbett did on the
eth instant agree to commit an offense pro-
hlpted by law, to-Wit: Did attempt unlaW
1ully by a previous appointment 10 meet
each other with the intention OF engaging
in fight. The warrant recites the sub
stance of the affidavit including the articles
of agreement alleged to have been signed
by the principals. These articles of agree
ment call for a scientific glove contest with
gloves allowed by law, and also empower
the referee of the contest to arrest II WheI,
IN his opinion, it endangers life or limb or
the principals. The warrant concludes with
the allegation that Corbett and Mitchell are
now trying to get together and carry out
their intention to fight under the agreement.
The judge commanded the arrest of both;
He did not, however, issue the warrant and
affidavit until County Solicitor J. y. Chris
tie passed upon them. Judge Christie passed
upon both and advised the sheriff to go
ahead and have the warrants served He
first amended the affidavit before approving
Mitchell accompanied by his party, the
members of the Duval Athletic Club, and Il
number of local sports went 10 the court
room. 1t soon got noised abroad what was
up, and the result was that the, county
house We're filled with humanity from busl-
ness men and gentlemanly sports to the rag
tag and bob-tail of the town
once in the courtroom. the formal reading
of the warrant was gone through with
Deputy Sheriff Vanzant did the reading He
stood on the inside and read, while Mltcneh
looked over his shoulder and followed him.
would 60 DO jail First.
The Englshman pondered over the bond
for some time, and asked if it was going
to cost him anything. He said he would
not put his name to it if there was one
dollar of expense He would go to Jail
first and fight his own case. He did not
wish it to appear as if he invited this arrest
A. w. Cockrell, Jr. of the firm of Cock
+ay1t rn2 aim
that the club was bearing the expense,
and that ii had retained ample counsel to
conduct the whole affair; also that Corbett
haG 10 go through the same programme.
Then Mitchell sat down and put his name
on the bond. ~,
During the afternoon Corbett and ms
marty reached the city from Mayport. Cor
iett Immediately proceeded TO the cotHH
house and went through the same Iorn1al-
ties regarding the bond as Mitchell dld III
the morning :,
Corbett then affixed his name to the bond
..o,.t;,,rs. hin. under penalty OF N,3U) 20
appear in Tue 1,ninal court Jahtdly ~,
and answer TIE charges set lofta III me ne
warrant His sureties, as IN the Ia 81 u
MITCHELL were Messrs. BoWden ana tIich-
artlson, of the Athletic Clup. ,
.sPut Us Both in the Same Yell.
Friends of both Corpett ana IN, mlt I,hela
asneciaIly of the latter, treated the Whole
@pondinor as q huge joke. They Joined
him about the prospect OF peing. locfeu up
and one of the party ash?o ne 1,t same io cell
would NE ~ That seemed to tickle him
~ A big smile spread over ms
80 and he said with efnphaSls. -,
..f7ne and / think that programme would
we. IT,, the Csht out of the gentleman;
don't your ., ,ton tho rrincine1c
beto nt,a5 to appear before the criminal
Ant Of record, another procedure IS 10 be
te49an which Will, in measure TEST the
f, ,rhfs is an application for a writ of
iaW. IN n 10 which viii be made before
1 4t,3s,a can. probably next Monday. Corbett
and Mitchell are now pIdctlt1dy ~ 1U9 71'"y
nj ne a. dSefained and that their arrest was
iTaS2a1 because there is no Ia" against
glove contests. If Judge IN NOUS III, inat
LII hoth be released and viii engage IN
Ne contest, if they please. Ii on the
other hand Judge can ceciues ma me a. ~ =
rest was legal, then the principals VII be
tnononelIed to appear before the criminal
court on the day named and then their case
Fhora is no iury in DuYal county who would
And them guilty. There is another con-
tingency which may put new Phase OF, on
the affair and tnat IS the to
duash these proceedings and institute Sucn
new proceedings as he and the attorney
general may agree upon.
The Governor Informed.
shortly after the arrest of Corbett and
Mitchell Solicitor Christie notified Governor
Mitchell and Attorney General Lamar, IN
forming them of the action that h3a peen
II,
sections Of the Florida statutes. Inc hrst
section 2u0 is as follows: .....4
whoever, by previous appointment or
arrangement meets another person and en-
cages in a fight shall be punished by i'm
prisonment not exceeding six months, or
by fine not exceeding $500.
The second section alluded to (259D re-
lates to attempt to violate the laws OF the
state and fixes the penalty at Onc-hai1 or
the greatest punishment which might nave ave
been inflicted if the offense attempted had
been committed. Under this provision Cor
bett and Mitchell in case of conviction.
would be confined in Jail three months and
fined $3.50 each. Solicitor Christie has wired
Attorney General Lamar to be present at
the habeas corpus proceedings Monlday.
The members of the DuVal Athletic cub
feel confident that the court will decide
that glove contests are not illegal in Florida
and assert more positively than ever that
The contest Will occur.
What Will the Governor Do?
It was learned today that Sheriff Brow
ard, of this county, wrote to Governor
Mitchell about week ago, asking what
means he should adopt to stop the hght.
Sc far, the governor has not replied to the
Sheriff'S letter, but men who Know the
governor are sure that he Will order the
sheriff to do all in his power to prevent
the contest. The governor is a very deterln-
ined man, ard those who know HIM best
say that b. VIII never allow the contest
10 take place Coz bett will spend the hSnt
in Jacksonville. and tomorrow morning VIII
return to his trailing quarters at Mayp0rt.
Mitchell went to St Augustine this
evening. A special from that place says
he is delighted with his quarters
WIFE Prevent il If HE Can
Jacksonville. Fla. December 29.-GoVerh-
or Mitchell, the anti-prze fight executive OF
Florida, hurled another bomb at the DuVal
Athletic Club today, the promoter of the
proposed mill between Corbett and
Mitchell, The story goes that the
governor is exceedingly wroth at the course
of the Duyl authorities in arrestng Cor
bett and Mitchell 1t is said that the gov
ernor has been keeping the wires hot all
day roasting Solicitor Christie OF the coun-
ty court for his action in the matter, charg-
ing that Christie and all the other judicial
officers Of this county are in collision with
the Duval Athletic Club and are abetting
the clubs efforts to pull off the match and
that the arrests and proposed test OIL the
law are not in good faith.
At any rate this has been rather blue
day for the sports, and there is rather
'shaky" feeling in regard to the pulling off
of the fight The situation is about as fol-
loWS.
Was on the Bench Himself.
Governor Mitchell and Attorney General
Lamar the highest law officer in the state,
assert that the proposed contest would ViO-
late the laws of the state BoWden. of the
Athletic Club. ana his lawyers, say it would
not Governor Mitchell was once on the
supreme bench and it is believed that he
knows as much about the laws of the statN
fNrf ln oil 10, oil I,r