The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-19
CoRBETT APPEARS IN ColIRT.
THE LAWS PAssFD IN 1891 DE-
CLARED ILLEGAL.

They Were Put Through on a viva
NOce Vote, Instead of n Roll Call,
As Required by the Constitution.
The Court Adjourned Until This
Morning, I'm order 80 Enable Corr
bett TO Keep an Engagement to
Appear at Little Rock.
Hot Springs. Ark. Oct. 1s-Cnampion
Corbett arrived in the city this morning
at li;2O o'clock from his training quarters
at Spring Lake. and was met at the depot
by Sheriff Houpt. Manager Brady, Joe
Vendlg and other friends. and the off,
eials Of the Florida Athletic Club. There
was great crowd of people at the depot
to witness the arrival Of the party. Corr
bett, Brady and the sheriff entered a car
riage and drove TO the office OF Justice Of
the Peace W. a. Kirk, where everything
appeared to be In readiness for the tu-
dicial proceedings that had evidently been
agreed upon. The sheriff presented his
prisoner to the court. At this juncture
Mr. Martin, attorney for Corbett, enter-
ed the court room and presented peti-
tion for a writ OF habeas corpus address,
ed to Hon. Leland Leatherman, Judge of
the chancery court of Garland county.
The warrant for the arrest OF Corbett
was issued upon complaint by Prosecuting
Attorney league. that Corbett has threat
| ened to engage in prize fight or glove
| contest with one Robert Fitzsimmons, and
has threatened. and Is about to commit an
assault and battery upon the person of
| the said Robert Fitzsimmons, which as
sault and battery Is Of a character EN-
| dangering human life. The petition OF
| Corbett was granted and the prisoner was
| arraigned before Chancery Judge Leather~
| man at about noon.
1 llirpgtlW after thp a ON a. adm
| Journment was taken until 1880 o'clock. AZ
| that hour the court reconvened.
| Attorney Martin read the official dOcuy
ments 70 the court and announced that hd
was ready for trial. The first evidence in.
| troduced was the enactments of the legis-
| lature OF 1891 and 1898 and from the house
| records IL was plainly made to appear by
| the attorney for Corbett that the enact@
| ment of the laws Of 1891 was Illegal because
| they were passed by viva voce vote In
stead Of roll call, as the constitution OF
the state provides shall be done in all
| cases.
The first witness to take the stand was
| Joseph Vendig, by whose testimony iu
was proven that the defendant had made
| an agreement to engage in a glove con-
| test In this city on oct. 81, with one Rob-
| ert Fttzsimmons for a purse of Sal 600,
under the auspices Of the Florida Athletic
| Club.
Before the testimony OF Mr. vendig was
| completed, Attorney Martin requested the
chancellor to allow Mr. Corbett to de-
part for Little Rock, where he had an en-
| gagement to show tonight. The cham
cellor granted the request but required
the sheriff TO send a deputy with him 10
see that he returned tomorrow.
| The court then adjourned till Tomorrow
| afternoon at 1880 O'Clock.
Prosecuting Attorney league was in
| teryiewed this morning as to the law
which gives the governor of the state the
| power to send the militia for the purpose
OF suppressing riots or mobs. Attorney
| league stated in effect that the governor
| has no right 10 send militia into any
county OF the state without having been
| called a la 7o Of ha oft al
authorities from the county In which the
militia Is to be sent, and that they were
not to be called upon until the civil au-
| thorities found that they were not able
| 10 suppress the riot or mob whatever 10
might be under the circumstances.
In case the present proceedings that
| have been instituted 80 through as the
| friends and hackers Of Corbett think
they viii, what win then be the attitucs
He will be tied up as tight as Dicks
ha band" replied the prosecuting att
Then If Judge Dume should call on
the governor TO send the militia to stop
proceedings, would the governor be come
Yes, l think he would He would be
bound to respect the call Of the circuiu
that he should do so the militia would
| be under the orders Of the local peace
officers. The sheriff would have supreme
control oyer them after they had entered
IF the sheriff has control of troops
altet tney nave come into the county,
what would be the result?'
well, he could make whatever dispos
siton OF them he saw proper. The laws
provide that the militia shall be under
the control Of the local peace officers ana
the sheriff being the head he could plano
them down at the race track If he felt so
disposed and keep them there until their
services were necessary to suppress
any mob or riot"
What effect, II any will a writ OF
habeas corpus have, supposing that tho
chancery judge should grant one?n
II will act as a check upon the officials
II the chancery court decides that there
Is no law on the statute book of Arkansas
prohibiting prize fight or glove contest.
and the writ of habeas corpus is issued. /
further interfere with the programme
II there Is no anti-prize fight law how
can COrbett and Eitzsimmons violate a
law by meeting here as contemplated in
their articles of agreement with the
Florida Athletic Club? If we have no
law they cannot violate one, hence tbs
governor would be powerless to suppress
something that is clearly no violation Of
The time for the meeting between Cor
bett and Fitzsimmons has been postponed.
but to what day is not known. Joseph
Vendlg to-day sent a telegram to Fitz-
simmons, that IL he is not in Hot Springs
by Monday the fight will be declared or
Martin Julian will arrive tomorrow and
after.
The sheriff to-day addressed letter to
the governor in which he invited his ex-
record as sheriff is spotless, that he has
always done his duty faithfully and said
he feels competent to compete with what
ever may develop in the emergency and
should he not be able to do so he would
certainly call on the governor.
The odds posted on the contest in the
hstic carnival are as follows: Corbett
3 to 5; FitzsimmOns. to 5; Maher 4 to s:
O'Donen, even; Ryan, to l.
Little Rock, Ark, Oct. 1s.-Nothing new
has transpired here to-day. so far as the
fight is concerned. Gen. Taylor says he
is awaiting the governors orders before
summoning the militia to arms. and is
still hopeful that the crisis will be passed
without needing them. Gov. Clarke saws
he shall wait until he Is sure the militia
will be required to enforce the law be-
fore he resorts to this method Of enforc-
ing the statutes of Arkansas All trains
are crowded with strangers passinr
through here bound for Hot Springs Cor
bett Is billed to exhibit there tonight.
BREEN MURDERED.