The San Francisco call., 1895-10-19
HABEAs CORPUS PRAYED FOR.
WHILE AT LIBERTY, BUT WATCHED
BY AN OFFICER, THE CHAMPION
TALKS AS USUAL.

waiting for them and drove directly to
The office of the Justice of the Peace W.
a. Kirk, who appeared to be in readiness
for the judicial proceedings that had evil
IDENTIFY been agreed upon by the party
The Sheriff presented his prisoner to the
court. At this iuncture Mr.. Martin, at
torney for Corbett. entered the courtroom
and presented the following petition of
Mr.. Corbett:
10 Hon. Leland Leatherman, Jndgeo Of the Chan
cery Court Of Garland Couaty-Your petitioner
respectfully shows unto your Honor that he is
unlawfully restrained of his liberty by Reb
Houpt, Sheriff OF Garland County, Ark. That
said Sheriff detains him by virtue of a warrant
issued by W. A. Kirk, a Justice of the Peace in
and for the said Garland County, copy of
which is hereto attached.
Your petitioner further states that he has
not violated any of the laws of the State of Ar
kansas and that he does not contemplate or
intend to 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
into and for other relief
Following is the writ upon which Cor
bett was arrested and brought before the
Justice of the Peace:
IL appearing tnat tnere are gooQ ana Sufh
cient grounds tor believing that ]. J. Corbett is
about TO engage, and has threatened to engage,
in glove contest and prize-ight with one
Robert Fitzsimmons, in Garland County, Ark,
and that the said glove contest and prize-fght
will be OF character endangering human life,
you are hereby commanded to forthwith arrest
the said J. ]. Corbett and bring him before me,
to be dealt with according to law.
The warrant of arrest was issued upon
the statements of the prosecuting attor.
ney. The petition of Corbett was granted
and the prisoner was arraigned before
Chancery Judge Leatherman at noon.
Directly after the arraignment of the
prisoner before the Chancery Judge ad-
journment was taken until l 80. At that
hour the court reconvened.
Attorney Martin announced that he was
ready for trial. The first evidence intro
duced was the enactments of the Legisla.
lures OF 1891 and 1898, and from the House
records it was plainly made to appear by
the attorneys for Corbett that the enact
nent of the laws of 1891 was illegal because
they passed by viva-voce vote, instead of
rollcall, as the constitution of the State
provides shall be done in all cases.
The first witness to take the stand was
Joseph Vendig, by whose testimony it was
proven that the defendant had made an
agreement to engage in a glove contest
in this city, October 81. with one Rob-
ert .Fitzsimmons for purse of SAL 900,
under the auspices of the Florida Ath-
letic Club.
Before tine testimony Of Mr.. Vendig was
completed Attorney Martin requested the
Chancellor to allow Mr.. Corbett to depart
Co. T L l.
ment to show tonight The Chancellor
granted the request, but required the
Sheriff to send deputy with him to see
that he returned tomorrow. The court
then adjourned until tomorrow at 80
P. NJ.
A press reporter interviewed Prosecuting
Attorney league this morning as to the
law which gives the Governor of the State
power to send the State militia to any of
the counties 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 first having been
called upon to do SO by some of the civil
authorities of the county in which the
militia is to be sent, and that they were
not to be called upon until the civil au-
thorities found that they were not able to
suppress the riot or mob, whichever it
might be under the circumstances.
I'm case the present proceedings that
have been instituted go through, as the
friends and hackers of Corbett think thew
will, what will then be the attitude of the
Governor"
He will be tied up as tight as Dicks
hatband," replied the Prosecuting Attor.
ney.
Then If Judge Duffie should call upon
the Governor to send in the militia to stop
proceedings would the Governor be com.
PEELED to do so?''
Eyes, think he would. He would be
bound to respect the call of the Circuit
Judge in that case But in the event that
he should do so the militia would be
under the orders OF local peace officers"
What effect, if any, will a writ of
habeas corpus have, supposing that the
Chancery Judge should grant one?"
1t will act as check upon the officials.
Ii we have no law they cannot violate one,
hence the Governor would be powerless to
suppress something that is clearly no vio-
lation of law
Manager Vendig to-day sent telegram
to Fitzsimmons that If he is not at Hot
Springs by Monday the fight will be de-
clared off. Martin Julian will arrive to-
morrow, and Fitzsimmons is expected to
follow soon after.
The Sheriff to-day sent letter to the
Governor in which he invited his attention
to the fact that his record as Sheriff is
spotless; that he has always done his duty
faithfully, and said he feels competent to
compete with whatever may develop in
the present emergency, and should he re-
quire assistance he would certainly call
upon the Governor for it.
LITTLE ROCK, ARK, October IS.-Cor-
bett was interviewed tonight. He said
II am prisoner while here, in charge of
w. S. Babcock OF Hot Springs. My habeas
There is only one thing that will prevent