Huntsville gazette., 1894-01-27

round At the end OF the third Mitchell
was whipped man but managed tc
come to time only to be settled minute
later.
JACKSONVILLE. Fla, Jan. 25.-The
widest excitement prevailed in the city
when the decision Of Judge Call, enjoin-
ing the sheriff from interfering in the
Corhett- -Mitchell fight was rendered
Governor NJ tchcll had been. practically
torney general had been of no avail.
The judge said the only point that
struck him was whether the statute Gov
ering fighting by appointment would ap-
ply to this case.
He did not think that the statutes
would cover case like this. He said:
"The Injunction is granted"
When the court reached decision the
audience could not restrain itself, but
broke out in loud applause. The sheriff
and court raped repeatedly and loudly
for order. Colonel Cockerell jumped to
his feet, raised his hand in admonition
and said:
.Gentlemen / beg you to remember
this is courtroom"
The crowd made a wild rush for the
door, uttering cheer after cheer The
court ordered the disturbance to cease
The sheriff and baihffs rushed to the
4 l,ai1
out of the doors and locked the doors
When quiet had finally been restored
Attorney General Lamar stood up and
asked for further time to file an answer
and move to dissolve the injunction.
Further time was given. The court
said he would be ready to hear it any
time.
The case fer the club was conducted
by Colonel Cockereil, with Judge
Young; that for the state By States At
torney Hartridge, with whom was asso-
ciated Attorney General Lamar.
The argument was begun at 10 o'clock
and lasted until l, when the case was
submitted. Judge Call pulled eut his
watch and announced that the coart was
adjourned until o'clock. There wae
considerable disappointment tnat de-
c1sion had not been reached, and the big
crowd filed out.
The lawyers fer the club made an
effort to have the case decided On the
merits OF the law. The state fought for
a decision on the question of equity,
maintaining that the court had no juris-
diction to decide the question OF Law as
to whether glove contests were prohibit
ed by statue. The club people were
much encouraged when the judge asked
Mr.. Lamar to discuss the contention of
the complainants that a glove contest
was not Illegal. After Mr. Lamar had
finished his discussion of the question
the judge asked the compIainants' at
with good effect.
law in the state of Florida which pro-
hibited even prize fights, and Colonel
Cockrell defied the attorney general to
cite one instance where conviction had
been secured In state in which there
was no specific statue passed for the
prevention of prize fights.
Judge Young reinforced him with the
argument that the Old duelling statute
the statute designed to prevent fighting
by appOintment-whic the attorney
general maintained was prohibatory Of
glove contests, prize fights or whatever
they may be called, contemplated fight
ing with weapons. That these articles
of agreement under which Corbett and
Mitchell were to contest for athletic su-
premaoy contemplated gloves-gloves
allowed by law-and that the city Of
Jacksonville had passed an ordinance
under the right given it by the state in
its special charter regulating legal gloves
at five ounces.
Colonel Cockerell followed Judge
Young in the statement that the basis Of
| fight was malice and anger. That
there was no malice nor anger in this
case. 1t was to be friendly contest-a
scientific exhibition. He also main
| tanned that in prize fight it was not
necessary, as the state had attempted to
show, that bodily injury should be
| done.
The states attorney and the attorney
general made their strong fight on the
equity part Of the proceedings. Mr.
Lamar said that an injunction would
not lie wherein there was redress at law.
The complainants. he added, had failed
to show that the redress provided by the
sheriff was inadequate. They had only
made vague and uncertain claims that
the sheriff would damage the club ire
parably by interfering with the enter
| tainment.
He also argued that as peace officer
the sheriff had right to enter into the
premises of the Duval Athletic club
with sufficient force to conserve the
peace.
The club side maintained that the
sheriff had announced that he would
take possession of the premises until the
entertainment was abandoned and that
he had no right to assume that this ex-
bition was to be violation of the law
He had no evidence further than the ar.
ticles of agreement as to the character
o. that entertainment and no right be-
yond that evidence and assume that
there was going to be breach of the
peace. Judge Young said that the club
did not ask the court to enjoin peace
officer in the discharge of his duty, but