The morning times., 1895-10-19

Hot Springs, Ark, Oct. 1S.-Champion
Corbett arrived in the city this morning at
| 11:20 from his training quarters at Spring
Lake, and was met at the depot by Sheriff
! Hupt Manager Brady, Joe Vendig and
/ other friends, and the officials of the Florida
! Athletic Club.
There was Il great crowd of people at
| the depot to witness the arrival of the
party. Corbett, Brady and the sheriff
I entered 4 carriage and drove TO the Office
of Justice of the Peace W. A. XIX, where
! everything appeared 10 be IN readiness Tor
/ tteSjudicial proceedings that had evidently
/ been agreed upon.
The sheriff presented his prisoner to the
I court. At this juncture Mr.. Martin, attorney
| for Corbett. entered the court room and pre-
/ sented the following petition.
GENTLEMAN JIMS PETITION.
| To Hon. Leland Lcathernan, Judge OF
| the tancery court Of Garland county: Your
| petitioner respectfully shows unto your
| honor that he is unlawfuly restrained OF
his liberty by Reb Houpt, sheriff of Gar
| land county, Arkansas. That said sheriff
dctains him by virtue of a warrant issued
by w. A. Kirk, Il justice of the peace and
for the said Garland county, a copy OF
which is hereto attached. Your petitioner
further states that he has not violated any
of the avs OF the State OF Arkansas and
that he does not contemplate or intend 10
violate the peace or dignity OF said State.
Wherefore, he prays that your honor award
him writ of habeas corpus TO the end that
the cause of his detention may be inquired
'''' JAMES ]. CoRBETT.
Subscribed and sworn to before NE this
day, the 18th day of October, 1895.
Nv. KIRK, j. P"
WARRANT THAT WAS SERVED.
Following is the writ upon which Corbett
was arrested and brought before the jus
uce OF the peace:
Warrant of Arrest.
The State of Arkansas
To any Sheriff, Constable, Coroner or
Policeman of the state:
1t appearing that there are good and
sufficient grounds for believing that j. j.
Corbett is about to engage, and has threat
ened to engage, in a glove contest and prize
fight with one Robert Fitzsimmons, in
Garland county, Arkansas, and the said
glove contest and prize fight will he of a
character endangering human life, you are
hereby commanded to forthwith arrest the
said J. J. Corhett and bring him before me
10 he dealt with according Ia Law.
Given under my hand as Justice OF the
Peace for Garland County. this, the sevcn-
tecntu uay OF october. 1880.
w. a. KIRK. J. p.
The petition of Corbett was granted.
and the prisoner was arraigncd ~,re
Chancery Judge Lea athcrman at about noon.
Directly after the arraignnIent OF the
prisoner before the Chanccry Judge adj
journment was taken until 80. AT that
hour the court re-convened.
LAW OF NINETY ONE ILLEGAL.
Attorney Martin read the foregoing Off
eial documents to the court and announced
he was ready for trial Therefor . Vi
deuce introduced was the cnactmcnts or the
legislature of 1891 and 1898 and from
the House records it was plainly made to
appear by the attorney for Corbett that
the enactment of the laws OF 1891 was
illegal because were passed by a viva
yoce instead of roll call, as the consti-
tuition of the State provides shall be done
in all cases.
The first witness to take the stand was
Jos Vendig, by whose testimony 1t was
proven that the defendant had made an
agreement to engage in a glove contest in
tins city October 81. with one, Robert
for purse of S4I 600, under
the auspices of the Florida Athletic Club
Before the testimony of Mr.. VcDdig was
Attorney Martin requested the
chancellor TO allow Mr.. Corbett to depart
for Little Rock, where he has an engage
" SHOW Inc CIstnCtIlOr
granted the request, but required the sheriff
to send a deputy with him 20 see that he
returned Tomorrow. The court than ad
Journed until tomorrow at l 30
Alto RNEY TEAGUE TALKS.
United Press reporter interviewed
Prosecuting Attorney league this morn
ing as to the law which gives Governor
of the State the power to send the militia
for the purpose of suppressing riots or
mobs.
Attorney league stated in effect that the |
Governor has no right to send militia |
into any county of the State without having |
been called upon to do so by some OF the |
civil authorities from the county in which |
the militia is to be sent and that they |
We're not to be called upon until the |
civil authorities found that they were not |
able to suppress the riot or-niob. whenever
II might be, under the circumstances.
IF the sheriff has control of trooDs
after they have come into the county. what
would be the RESULT"
We'll. he could make whatever disnosi
fion of them he saw proper. The laws
provide that the militia shall be y,1der
he control of the local peace officers and
The sheriff being the head he could plant |
hem down at the race track if he feIt'so |
disposed and keep them there until their
services We're necessary to suppress apy
mob or riot