The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-18
The Champion I'm Custody sf His
Brought Into Court This MORNING..
CASE NAY BE DECIDED TO-DAY
coRBETTs ATTORNEYS To APPLY
For A WRIT OF HABEAs CORPUS.
The Pugilist Charged with Conspir-
ing q" Commit an Unlawful Assault
on Robert .Fitxsfmmons.

HOT SPRINGS. Ark. Oct. IA warrant
against James ]. Corbett was issued from
Justice Kirke's court al o'clock this after
noon II charges that he has threatened, 10
conspiring and is about 10 commit and un-
lawful assault on the person OF one Bob
Fitzsimmons 1t was placed in the hands
Of Sheriff Houpt. The warrant was issued
at the instance OF Prosecuting Attorney c.
V. league. Sheriff Haupt rode out to Corr
belts training quarters at Spring Lake TO
place the champion under arrest. The
sheriff reached Spring Lake so late that Il
was decided to remain there tonight and
bring Jim into the city on the early morn
ing train. Sheriff Haupt Is spending the
night at the puglist's training quarters
and the champion is virtually under arrest
Tomorrow his attorneys will sue out a
writ OF habeas corpus before Chancellor
Leatherman. asking for his release. This
will bring the question up for judicial hear
ing as TO whether a glove contest, such as
is now proposed. will be a violation OF the
State statutes II the court decides that II
Is not, IL is believed that the authorities
will respect the decision. but IL to the con-
trary. IL is thought the whole matter VIII
be abandoned.
The Evening News thus sums up the
situation: Unless there is hitch as to
the agreement between the principals. the
indications are that Corbett and Fitzsim-
mons will meet in glove contest In this
city to decide the superiority between the
two That IS the latest status OF the sit-
uation, as sized up here in view of all con-
current circumstances. The abandonment
by the promoters OF any and all further
efforts ito bring the men together under
conditions which are prohibited by the
laws CT the State changes the whole as
pect Of the case from legal standpoint
and so far official Interference is con-
cerned- If. as they now propose. the meet
ing shall be glove contest, with all un-
lawful features eliminated it is not clear
how Official Interference can be enforced.
There is no statute against glove contests
in this State Men may box. and box to a
finish, If IT is not under conditions which.
within the meaning OF the statutes against
prize fighting. would make il such .
fight. They cannot box or fight for a prize
or purse. but they may box as an exhibi-
tion, to which an admission fee may he
charged. They may he employed lby others
TO give such an exhibition and yet not yio-
late any statute. When the proper authori-
ties examine the law they will no doubt
discover that this is the case. OF course.
! the conditions have to be such. however. as
not to mean virtually the same thing as
a prize fight contract. Should the local au-
thorities conclude that the contest can be
brought of under conditions which will
not warrant interference. II will take place.
unless the principals, or one OF them.
should decline to fight under such arrange
ments. To such a contest there will not
and could not be any lawful interference
by force from State authorities outside OF
this county.
Governor Clarke visited the city yetster-
day and consulted with officials and citizens
freely upon the situation While firm ane
still asserting that his position was un-
changed. he was never in a better mood to
all appearance. The conferences were held
behind closed doors-a thing ever unwise
when and where open questions OF public In
terest are to be discussed. No reporters were
admitted and secrecy was enjosned
on the favored ones present. But the thing
leaked out, as all such things invariably do.
and the News is warranted In stating au-
thoritatively that. while asserting that he
would tolerate no organized plan to violate
the laws OF the State, and while he does
not know the difference. IL any, from a ie-
gal standpoint. between "a glove contest and
prize fight, the Governor Is willing 10 refer
] the whole question to the local authorities
for determination and abide by their action.
I'm the event Judge Duf'e. upon examination
of the law, concludes that no violation war
| ranting interference is intended, the Gov
| ernor will be satisfied. and i'm any event no
| State interference will be nterposed unless
! the constituted authorities OF this county
should ask for such assistance. On this po-
stion the Governor unquestionably stands
squarely and properly upon the Constitution
and statutes of the. State and in pursuing q
more extreme course except upon discov-
cry that the local authorities refused TO en-
| force the laws. he would be usurping powers
not granted by the organic or statutory
laws Of the State"