Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-20
CORBETT AT LIBERTY
FIGHT PREPARATIONS PROCEED.
FitxsimmOns, However, Fails to
Show Up at the Springs-Talk at
Little Rock About Ordering Out
the Militia.

HOT SPRINGS. ARK, october ls.-Lo-
cally, the vexed question as TO whether
the glove-contest between Corbett and
FitZsimmons can come of at Hot Springs
has been settled. and unless the Supreme
Court should reverse the judgment OF
Chancellor Leatherman the men will
meet in the roped circle in Hot Springs
at any time the Florida Athletic Club
may decide to set.
Chancellor Leatherman. after hearing
testimony this evening, rendered judg-
ment that the act under which It Is
sought to prevent the prize-nght, did
not constitutionally pass the Legislature.
The Chancellor quotes from the State
Constitution, the legislative record. tho
rules Of the two houses OF the Legsa-
ture. and the decision IN the case OF
Smith VS. Campbell as precedents to es-
tablish his conclusion.
He goes on to say: II fail to find any
statute prohibiting prlze-fghting In the
State OF Arkansas. The question now is.
Does the warrant state an offence? l am
not aware under what section OF the
statutes II IL intended TO be drawn. Prize
fighting, If an offence at common law,
Is a mlsdemeanor.
There Is no provision OF the statutes
applying to the question and making It
an offence as charged in the warrant.
THE Court finds from the evidence In
this case and the testimony Of witnesses
that no prize-hght Is intended. as ex-
planned to the Court. but that a glove
contest is contemplated, with fve-ounce
gloves, for limited number OF rounds.
provided another party who has not
signed the agreement will sign the con-
tract as one of the principals; that the
contract has not yet been made; that
the original agreement 10 have a prize
fight or a glove contest 10 finish has been
cancelled, and that no agreement to that
effect now exists, that a contest with
gloves under the evidence In the case
Is not dangerous to human life. and the
parties are not liable to inflct serious
injury upon each other; that II Is less
dangerous than most OF the sports that
! are permitted In the State, such as base
ball horse racing, and football.
The Court holds that the contest is
legal.
"The Court finds that prize-nghtlng Is
| brutal and an offence at common law:
that party engaged in prize-fght would
! be guilty Of a misdemeanor at common
| law.
THE writ OF habeas corpus Is granted,
and the prisoner ordered dismissed from
custody"
This Judgment Is comprehensive, and Is
an absolute declaration OF the invalidity OF
the legislative acts OF 1851 and 1893, the
| first making prize-hghting and glove-con-
tests felony, and the second making
| il misdemeanor. punishable by a iine
OF from 81 coo to $3.50.
Corbett is at liberty. and preparations
are in progress for the great contest.
After the judgment had been rendered
| the attorneys for the State said that tho
| State would appeal the case to the SUI
preme Court as quickly as II Is possible
| TO make the necessary transcripts.
| II Is expected that this work will have
been completed by Monday evening, next.
| Martin Julian arrived tonight. He ii
| empowered by FitZsimmons TO act. F1tz-
| simmons does not want to come until
about time TO meet Corbett In the ring.
Manager Nendig Is wroth. and notified
Julian that II Fitzsimmons is not hera
by october S0th he will match Corbett
and Maher. and ODonnell against Choyn-
| ski.
GOVERNOR CLARKES COURSE.
LITTLE ROCK, ARK. October 10
The news from Hot Springs has evident.
| ly fixed Governor Clarke's course toward
the prize-fghters. He and General Tay-
| lor went to the State-House tonight
and remained long in the Governors Of
| flee I'm consultation.
The Governor has maintained all along
that he would not convene the Legls-
lature In extra session to stop the prizes
fight.
The Governor avoided representatives
| Of the press tonight, but 1t given out
! Seml-oi!icially that he has decided Ia
issue his proclamation warning the Flo
| rlda Athletic Club against further pre-
parations at Hot Surings. and ordering
the State militia to hold itself In readi-
| ness for immediate use.