Birmingham state herald., 1895-10-20
THE FIGHT WILL COME OFF The Habeas Corpus Proceedings
 Were a Success. CORBETT WAS DISCHARGED The Only Thing Now Likely to Stop the Fight Is the Failure of fitzsim- r
 mons to Appear.

Hot Springs Ark, Oct 19.-Locally. the vexed question as to whether the glove contest between Corbett and Fitzsiu-4 mons can come off at Hot Springs has been settled. and until the supreme court should reverse the judgment and decree of Judg Leatherman, the men will meet, in the rope circle in Hot Springs at any time the Florida Athletic club may decide. to set Chancellor Leatherman. after hearing the testimony this evening renE dered judgment>that the act under which, it is sought to prevent the prize fight did' not constitutiOnally pass the legislature The chancellor quotes from the state con- stitution, the legislative records, the rules of the two houses of the legislature and from the decision in Smiths YS. Camp bell as a precedent to establish his con- clusions. He goes on to say: "I fail to, find any statute prohibiting prize fight ing in the state of Arkansas. The ques-. tion is now does the warrant stay an of fenSe. 1 am not aware under what sec. ton of the statutes it is to be drawn. Prize fighting, if an offense at common law Is a misdemeanor. i
 There is no provision of the statutes applying to the question and making IL an offense as charged In the warrant to the extent of a party being guilty of misdemeanor by threatening or conspir ing to commit a misdemeanor The court finds from the evidence in this case and from the testimony of witnesses that no prize fight is intended as explained to the court; but that a glove contest is con templated with five-ounce gloves for limited number of rounds, provided an other party who has not signed the agree ment will sign the contract as one of the principals; that the contract has not yet been made; that the original agreement to have a prize fight or glove contest tn fri bo hppsn OPp1Iad and that no agreement to that effect now exists that a contest with gloves under the evil denee in the case Is not dangerous to human life and the parties are not likely to dnfict serious injury upon each other; that it is less dangerous than. most of the sports that are permitted in the state such as baseball. horse racing and foot ball.
 ''The court holds that the contest is legal. The court finds that prize fighting is brutal and an offense at common law; that party engaging in prize fight will be guilty of a misdemeanor at common law. The writ of habeas corpus is grant ed and the prisoner ordered discharged from custody"
 This judgment is comprehensive and is an absolute declaration of the invalid ity of the legislative acts of 1891 and 1893, the first making prize fighting and glove contests a felony and the amending act of 1893 a misdemeanor punishable by fine of from 5000 to $2500 Corbett is at liberty and preparations are in progress for the great contest.
 After the decision had been rendered the attorneys for the state stated that they would appeal the case to the su- preme court as quickly as it Is possible to expedite the making of transcripts.
 It is expected that this work will have been completed by Monday evening next.
 Martin Julian arrived tonight. He is hx Eitz tn EItZSim does not want to come until about the time to meet Corbett in the ring. Mana ger Vendig is wroth and notified Julian that if Fitz is not here by October 30 he will match Corbett and Maher and O'Donnell against Choynski