The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1895-09-20
JUDGE IS SORRY
But Personal Wishes Cut No Fig.
ure Whatever.
no LAW AGAINST PRIZE FIGHTING
Corbett-Fitxsimmon Fight Will Come on.
Texas Has NO Law That Prohibits
Prize Fightinx--Crowd Is
Rebuked For Cheering.

Dallas, Texas, Sep. 1s-The Corbett-
Fitzsimmons match will come of in
this city. In the test glove contest
case before Judge Hart, of the court
Of criminal appeals, he held today
that there is no law in Texas against
prize fighting.
After two days consumed in argument
on the habeas corpus hearing of Jesse
Clarke, charged with prize fighting
Chief Justice ]. NJ. Hurt, of the court
Of criminal appeals. decided this af-
ternoon that act in the penal code was
wholly imperative. The court said:
1T was 1 who suggested to make
prize fighting q felony. 1 wanted the
state of Texas to take an advanced
ground on the subject which 1 regarded
as the most brutal Of acts. But my
private opinion has nothing to do with
the law. 1 do not believe that under
the provisions of our statutes or the
well settled rule of construction, this
man has violated law that has been
SO plainly written that he is responsible
for it and shall discharge him. I will
give my reasons hereafter in writing"
AT the closing remark some persons
applauded and the court turning to
them sternly said: II will send you
all to Jail" They could not. however,
be identified.
The court room was crowded with
lawyers, preachers and pugilists. The
state was represented by the attorney
general. He said to an Associated
Press representative that he has no fur
ther procedure to take.
The points of contention by the at
torney general were:
First-That the criminal law making
prize fighting felony and Furnishing
1t as a misdemeanCr had precedence
over and repealed the civil law licens-
ing prize fighting and
Second-That the law was introduced
when the laws were codified and was
re-enacted and no. continued law.
Defendants counsel contended that
as the criminal law went into effect on
the I'd Of last August and the license
law on the first Of this September. the
criminal law was repealed and they
also contended and cited evidence to
show that the new laws had been adj
ded to the statutes by the codifiers
and approved by the legislature.
Chicago. Sep. 1.-THE following was
received this evening: Dallas. Texas.
Sep. ITO L. M. Houseman, Inter
Ocean. Chicago: The highest criminal
court in the state of Texas has decided
that there is no law against prize fight
ing. There is nothing to prevent the
greatest contest in the history OF the
prize ring taking place as advertised.
(Signed.) DAN A. STEWART,
President Florida Athletic Club.
New York, Sept. 17-William A. Bra
dy, Corbett's manager, said tonight
when he heard that Judge Hurts opin-
ion was in favor of the fight coming of
at Dallas and no legal obstacle now eX-
listed to prevent the Carbett-Fitzsim-
mons meeting in Texas, that he was sat
isfied everything would be smooth. Mr..
Brady said Corbett would leave for
San Antonio, where he will train. on
Oct. 2. The champion will be accom-
panied by Billy Delaney, McVey, Joe
Corbett, the champions brother, and
Manager Brady. Corbett's last public
appearance in this city before the Texas
meeting will be at Madison Square
Garden on Sept. 80. Fitzsimmons has
announced that he will leave for the
south Friday next.