The times. [volume] (Richmond, Va.) 1890-1903, 1895-10-19
CORBETT IS ARRESTED.
4 Part or THE PLiN TO TEST THE
dRh INsIs Law on FIGHTING.
Methods by Which Officers May be Able to
Tie Governor Clark's Hands" hat
He says About II.

HOT SPRINGS. ARK, oct. 1s-Cham-
pion Corbett arrived In the city TINS
morning at II 20 from his tralping quar-
ters at Spring Lake. and was met at
the depot by Sheriff Houpt, Manager
Brady, Joe Vendlg, and other friends.
and the officials Of the Florida Athletic
Club.
There was a great crowd of people at
the depot to witness the arrival OF the
party.
Corbett. Brady, and the Sheriff entered
q carriage and drove TO the olhce OF the
Justice of the Peace ". y. hirk. whefe
everything appeared to be in readiness
Tor the Judicial proceedings that had
evidently been agreed upon
the Court. At this juncture Mr. Martin.
attorney for COrbett, entered the court
room and presented petition for writ
Of habeas corpus addressed to Hon. Le-
land Leatherman, judge OF the Chancery
Court of Garland county.
.u w..nAsr
The warrant for the arrest OF corbett
was issued upon a complaint by Prose
cutting Attorney league that COrbett had
threatened to engage In a prize fight or
glove contest with one Robert tItzsim-
mons, and has threatened, and Is about
to commit an assault and battery upon
the person of the said Robert fitzsim-
character endangering human life.
The petition of JOrDett was granted, ana
the prisoner was arraisnei before Cham
cCllOr Leatherman at about noon.
Directly after the arraignment adjourn
ment was taken until 1000. At that hOlr
-Hn court recOnVencd
,ttorney Martin read the official docu-
.fcnt to the Court and announced himself
as ready for trial.
The first evidence introduced was the
a the LEGISLATURE OF 1891 ana
l}s3 and from the House records II was
plainly made 10 appear by the attorney
for COrbctt that the enactment OF tht
laws OF 1891 we're illegal because they
were passed by a viva vOcc vote instead
of a rJii-caii as the Constitution OF 'he
State provides shall be done In all cases
ytNnIG's TESTIMONY.
The first witness to take the stand was
Joe Ncndg by whose testimony IL was
proven that the defendant had made an
agreement 10 engage IN glove contest III
This city on October 3lst with one Robert
FitzslmmOns for a purse Of $il,vn under
the auspices ~ the Florida Athletic Club.
Before the testimony of Mr.. Nendig was
completed. Attorney Martin requested ihe
Chancellor TO allow Mr.. COrnett 10 de-
part for Little Rock, where ne mas an
engagement to show tonight. Ihe Cnah-
ceilor granted the request. but required
the Sheriff to send deputy with MN 70
see that he returned tomorrow. Inc
court then adjourned untl tomorrow at
Prosecuting Attorney Trague was inter-
viewed this morning as 90 the Law whlch
gives the Governor Of the state tire pow
or 10 send the militia for the purpose OF
suppressing riots or mobs.
Attorney league stated I'm effect that
the Governor has no right TO send militia
into any county Of the State without hav-
ing been called uQon to do So by some OF
the civil authorities in the county in
winch the militia Is 10 De sent. ana tlat
they were not 10 De called upon until The
civil authorities found that they were not
able TO suppress the riot or mob. whenever
il might be under the circumstances.
WILL HIS HANDS BE TIED?
an case the present proceedings that
have been instituted 80 through. as the
friends and hac.ters OF. COrbett think they
viii, what will then be the attitude Of
HE viii be tied up IS tight as Dicks
hat band replied the Prosecuting At
torney.
Then. If Judge DuHIe should call upon
the Governor TO send militia to stop the
proceedings, would the Governor be COM
PEELED TO do SOP"
Yes. / think he would lie would be
bound TO respect the call Of the circuit
Judge I'm that case. But In the event
that he should do so, the militia would
be under the orders of the local peace
officers. The Sheriff would have supreme
control over them after they had entered
'If the Sheriff has control Of troops
after they have come into tho county,
what would he the resultt"
wei, he could make whatever disposi-
ton of them ne saw proper. The laws
prOVide that the militia shall be under
the control OF the local officers and the
Sheriff being the head. he could plant
them down at the race track If he felt
SO disposed. and keep them there until
their services were necessary TO suppress
any mob riOting.'
What effect. ii any, will a writ OF
habeas corpus have, supposne that the
chancery judge should grant oneF'
IFfAcr ,f A wR4r or HAB 49, CORPUS.
1T viii act as check upon ne Off
cial-. If Inc Chan,ery Court decides that
there is nc law on the statute books of
Arkansas prohibiting prize-tght or
glove contest. and tac writ OF habeas
corpus is issued, ] cannot See how the
authorities cen further interfere with tlf
programme. If there Is no anti-prize-fight
law, how can Corbctt and fltzsimmOns
violate a law hy meeting here as con-
tcmplated in their articles OF agreement
witJ the Florida Athletic club?
If We have no law they cannot violate
one, hence the Governor would be- power
less TO suppress something that is clearly
no violation Of law
LITTLE ROCK ARK, oct. B.-Noth-
ing new has transpired here to-day so iar
as the fight is concerned.
General Taylor says he is awaiting the
Governors orders before summOnlns the
militia TO arms. and is stll honelul that
the crisis will be passed without needing
them.
Governor Clarke says he shall wait un-
iii ne Is sure the militia will be required
TO enforce the law before he resorts 10
this method of enforcing the statutes or
Arkansas. All trains are crowded with
strangers passing through here bound for
Hot Springs Corbett is billed 10 exhibit
there tonight
III DATs POSTPONED.
The time for the meeting between Cor
bett and FitzsimmOns has been POST
poned. but 10 what day is not known.
Joe Nendig to-day sent telegram 10
Fitzsimmons that If he Is not IN Hot
Springs by Monday the fght VIII pe
declared off. Martin Julian VIII ar
rive tomorrow and Fitzsimmons IS eN-
pected to follow soon after
The sheriff to-day addressed ietter 10
the Governor. in which he directed the
latter's attention 10 the fact that his
record as sheriff is spotiess. that he has
alwavs done his duty faithfully, ana
said he feels competent TO compete with
whichever may develop In the emergency,
and should he require assistance, ne
1yould certainly call upon the Governor.
The odds posted on the contest in the
sstic carnival are as follows: Corbett,
a IN r. Fitzsimmons 10 >; Maher 70
Z. O'Donnen. even; Ryan, TO i0
Close of the Suffolk Fair.