Birmingham state herald., 1895-10-19
CORBETT ARRESTED.
Arraigned for Threatening to Engage in a Prize Fight-The Trial Will Be Com
 pleted Today.

Hot Springs, Oct. 1S.-Champion Cor
 bett arrived in the city this morning at 11:20 from his training quarters at Spring
 Lake and was met at the depot by Sher-
 if Houpt, Manager Delaney, Joe Vendig
 and other friends and the officials of the Florida Athletic club. There was great
 crowd of people at the depot to witness
 the arrival of the party. Corbett, Brady
 and the sheriff entered a carriage and drove to the office of Justice of the Peace w. A. Kirk where everything appeared to be in readiness for the judicial pro- ceedings that had evidently been agreed upon The sheriff showed his prisoner to the court. At this juncture Mir. Mar tn, attorney for CorDett, entered the court room and presented petition for a writ of abeas corpus, addressed to Hon. Leland Leatherman, judge of the chancery court of Garland county.
 The warrant for the arrest of Corbett was issued upon a complaint by Prose cutting Attorney Teague, that Corbett has threatened to engage in prize fight or glove contest with one Robert FitZSim-
 mons and has threa tened and is about to commit an assault and battery upon the
 person of said Robert Fitzsimmons,
 which assault and battery is of charac-
 ter endangering human life.
 The petition of Corbett was granted and the prisoner was arraigned before
 Chancery Judge Leatherman at about noon.
 Directly after arraignment adjourn
 nent was taken until 1:30 At that hour the court reconvened
 Attorney Martin read the official doc
 uments to the court and announced he was ready for trial. The first evidence introduced was the snactments of the legislature of 1891 and 1893 and from the house records 1t was plainly made to ap- pear by the attorney of Corbett that the enactments of the law of 1891 were illegal because they passed by viva voce vote instead of roll call, as the constitution of the state provides shall be done in all cases.
 The first witness to take the stand waa Joe Vendig. by whose testimony it was provn that the defendant had made an agreement to engage in a glove contest
 in this city October 31 with one Robert Fitzsimmons for a purse of $41,000. un- der the auspices of the Florida Ath- letic club. Before the testimony of MT. Vendig was completed Attorney Martin requested the chancellor to allow MT.
 Corbett to depart for Little Rock, where he has an engagement to show tonght. The chancellor granted the request, but requiredthe sheriff to send deputy with him to see that he returned tomor- row. The court then adjourned until to- morrow at 80 D. m.
 Prosecuting Attorney Teague was in terviewed this evening, and stated that the governor has no right to send militia into any county of the state without hav- ing been called upon to do so by some of
 the civil authorities by the county into
 which the militia is to be sent, and that they were not to be called upon until the civil authorities found that they were
 not able to suppress the riot or mob,
 whenever 1t might be. under the circum- stances.
 In case the present proceedings go through as the friends and packers Of Corbett think they will what will then be the attitude of the governor?'
 He will be tied up tight replied the prosecuting attorney.
 "Then if Judge Duffie should call upon
 the governor to send the militia to stop
 prize fighting would the governor be compelled to do so?'
 "Yes, I think he would. He would be
 bound to respect the call of the circuit court judge in that case"
 If the sheriff has control of troops after they have come into the county, what would be the result?"
 Well he could make whatever diSpo- sition of them he thought proper"
 What effect. if any, will writ of habeas corpus have, supposlng that the chancery judge should grant one?'
 Tt will act as a check upon the offi- cials If the court decides that there is no law on the statute books of Arkansas prohibiting a prize fight. and the writ of habeas corpus Is issued. I cannot see how the authorities can further interfere x1.~