St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-11-02

statement, however, lHdI he Woulu
ssave it then and be ready for the
battle.
"A messenger from Gov. Clarke ar
rived soon afterwards, making the
same offer the executive had made to
Brady, and Julian expressed himself
as satisfied at the situation, and
said Fitzsimmons would fight. ]1e
was shown a dispatch telling of the
proposition to bring the fight off at
Ell Paso, Tex, but, like Brady, de-
cfared that he would not fight in or
before any club with which Stuart
is connected unless his forfeit of
$1,000 is paid. He finally admitted
that governors and sheriffs and the
like were making him nervous, and
declared that he did not want to
take any risks of getting mixed up
with the law.
This leaves the situation thus:
Brady, for Corbett, has made prop
osition to fight; Julian, for FitZsim-
mons, has accepted it, and if the lat
iter's money goes up tomorrow, the
battle will probably come off at
place as yet in doubt. The Maher-
lO'Donnell and Ryan-Smith mills at
Hot Springs have probably been
effectually squelched by the injunc-
ton proceedings here today.
THE INJUNCTION.
Gov. Clarke, through his attorneys,
Rose, Hemingway & Rose, with the
attorney general, executed another
flank movement today. An applica-
ton was filed in the Pulaski chanc-
cry court for temporary order re-
straining the following parties from
enga ging in, aiding or abetting a
fight with or without gloves: Cor
bett, Fitzsimmons, the Hot Springs
Athletic association, Grady, Julian,
Nendig, A. K. Wheelock, w. L. Bah
cock, Reb Houpt, w. w. Waters,
Peter Maher Steve O'Donnell and
William Delaney. Subpoenaes were
issued for all of the defendants
named, citing them t1kappear within
twenty days. The affidavit is a
lengthy one, citing all the facts i'm
connection with the match from
Ark 1t is within the power of the
court to grant the application upon
the affidavit alone.
Julian and Fitzsimmons were
brought into court at 2:15 p. m. to-
day. Judge Hemingway, for the
sta ta uraDtod IN LpoW yub q + raspopca
had been made to the charge. Col.
Murphy, for the defense, said that
none had been made, nor would be
made. 1t was not required in such
proceedings. Attorney Murphy stat
ed that the defense was ready to go
ahead with the hearing. The state
then, through Judge Hemingway,
asked that the case be continued in
order that the necessary witnesses
who are now in Hot Springs might
be brought to this city. Judge Muir
ply stated that the defense did not
controvert any allegation made by
the state His clients had been ar
rested and brought into court for the
purpose Of being required to give
bond to keep the peace. They were
there, he said, ready to give the bond.
The defense would neither concede
nor affirm any of the states allega-
tions. Judge Martin held that the
state had a right to introduce testi-
mony, and the case was continued
until $50 tomorrow.
CORBETT IN COURT.
Corbett and Brady were brought be-
fore Chancellor Martin at o'clock.
The defense entered a plea of former
conviction and submitted certified
copies of the bonds issued by Justice of
the Peace Rapley, of Hot Springs. at
this point Chancellor Martin said there
was no. need Of wasting words; that it
was commonly known that a prize
fight was contemplated at Hot Springs.
This fact had become notorious. 1t
was matter, though, to be investigat-
ed, and as a conservator of the peace
and dignity of the state he proposed
to give full and ample opportunity for
a thorough investigation. 1t was cur
fently reported that the peace officers
of Hot Springs were openly aiding in
the effort to bring about this prize
fight.
"If such a state of affairs exists"
said the chancellor, II do not hesitate
to stigmatize it as an Infamous out
rage upon the good name of the state
and disgrace upon the community
that tolerates it. I think little enough
of men who engage in prize fights, but
have higher regard for them than
L. g. ~,
bringing about this affair."
The state wanted time to bring wit
nesses from Hot Springs. Chancellor
Martin said that the men were being
deprived of their liberty and were en-
titled to al speedy hearing. He intend
ed that both sides to the case should
have a fair opportunity to present
whatever testimony they had in the
matter A continuance would therefore
be granted until 2:30 o'clock tomorrow
afternoon. The prisoners were re-
manded to thecustody of Sheriff Houpt,
of Garland county, the court remarking
that the pugilist and his manager
were not now in Jail and would not be
sent there until the case had been in
vestigated.
JULIAN NOW FOR Ell PASO.
Secretary Wheelock, of the Florida
Athletic club, arrived tonight and at
once submitted his proposition to Ju-
liam. 1t was to bring off the fight at
Ell Paso on the 18th of November for
"a $4,000 purse. with forfeit of $1,000
to each man in case the club is unable
to pull the fight through. Julian
promptly accepted the proposition,
stipulating, however, that Fitzsimmons
receive the $500 forfeit from Hot
Springs. Wheelock evaded the ques-
ton, and later Julian announced that
ne believed there was a good chance
Continued ON Fifth Page.