The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-20
C0RBETT IS SET FREE
LEATHERMAN'S DECIS-
ION OF THE HABEAS
CORPUS CASE.
NO LAW AGAINST PRIZE FIGHTING

The People OF Hot Springs are Re-
joiced at the Result of the Trial~-B But
the Attorney General VIII take an
Appeal TO the Supreme COurt-.Goy.
Clarke says he is More Determined
Than Ever TO Prevent the Fight--
FiszsimmOns' Boss Piece of News.
HoT SPRINGS, Ark, Oct. 19.-The
Oorbett habeas corpus case terminated
just as everybody IN Hot Springs ex-
pected it would. Even those who are
bitterly Oppossl to the contemplated
glove contest coming off in Hot Springs
Or any other section of the State of ar
kansas, felt that where there seemed to
be such a slight foundation for opera
tions under the law that when it came
20 test, decision would be forthcom
ing that would be unsatisfactory to them.
Governor Clarke was apparently the
first to discover that there was no statu
tory prohibition to prize fighting or
glove contests; that the act of 1891 had
not passed the House as amended by
the senate; that in tead of the bill
as amended passing as constitution
ally provided by roll call, it simply
passed by a viva vOce vote; hence
was not legally passed. The decision
of Chancellor Leatherman this after
noon was in accordance with the views
expressed by Governor Clarke, and
as shown by the House records. The
proof produced demonstrated the fact
that a glove contest was to be fought
limited number of rounds here on Octo-
Der 31st by COrbett and Fitz,immons and
that five ounce gloves were to be used
BY the numerous experts put on the
stand, it was proved that soft glove con
tests are not brutal affairs and are not
attended with any serious harmful re
suits when engagedin by trained athletes.
Chancellor Leatherman rendered de
cision that there is no law prohibiting
prize fighting or glove contests, and that
the defendant was entitled to his liberty
under q writ of habeas corpus and il
was so rendered The States interests
were looked after by Prosecuting Attor-
ney league and Attorney General Kins-
worthy, W. II. Martin, j. M. Kimble
and Col George W. Murphy represent
ing Corbett. The Attorney General
states that he will take an appeal to the
Supreme Court on a writ of certiOrari.
The court room was crowded from the
railing around the Judges desk to the
doors leading to the lower floor and
judging from the applause with which
Judge Leatherman's decision was re-
ceiyed, almost every person present
agreed with him.
Gov Clarke Still Determined.
LITTLE Rock, Ark, Oct 19.-Gor.
Clarke was seen after the receipt of the
news Of Chancellor Leatherman's decis
ion. He said he was not surprised at
Leatherman's decision
Il will be surprised, " he said, ''if the
State has in it any one who will take the
same eg Of it, For the past week
have been sure that some such ruse
would be resorted to, and J have formed
my plans accordingly. / was never more
determined than at present, to prevent
the fight, and | am sure, beyond perad
venture, that | will DO 50. / am
glad that the end is so near and am to
be relieved of this unpleasant business,
and | will have an opportunity to attend
to the more coDgenial aad imp )rtant
duties of my office"
Fitzsimmon's Stake Money.
CORPUS CHRISTI, Tex Oct. 81
have boss piece of good news" said
Fitzsimmons to day whom he espied the
representative of the Associated Press
approaching him.
"What is it2' he was asked
"What, l ave just received a tele-
gram from Julian, from New Orleans,
in which he states-she has got my at
tached stake money fixed up all right
and that he has left for Hot Springs to
arrange other matters.
81 am now holding myself in readi-
ness to leave at a moments notice for
Arkansas, but will not receive any notice
to come uuless am guaranteed protec
ton froM the courts aud have assurance
that the fight will be one to finish"
Corbett Released bv Judge Leatherman
LITTLE Rock, Oct. 19.-Judge Leath-
erman has released Corbett on a writ of
habeas corpus at Hot Springs.