The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-20
CLARKE STILL IN THE RING.
THE GOVERNOR PREPARING TO
CALL OUT THE TROOPS.

Judge Leatherman Grants COrbett "a
Writ of HabeHs Corpus and De-
clares That the Law Against Prize
Fighting Did Not ConstitutIonaIIy
Pass the LegiSIature-The state 10
Carry the case to the Supreme
Court-vendig Paving the Earth
Because FitzsimmOns Fails 10
show Up at Hot Springs.
Hot Springs, Ark. oct 19-Locally the
vexed question as to whether the glove
contest between Corbett and Fitzsimmons
can come of at Hot Springs has been set
tied and unless the supreme court should
reverse the Judgment and DEGREES of Chan
cellor Leatherman. the men viii meet in
the roped circle in Hot Springs any time
the Florida Athletic Club may decide to
set
Chancellor Leatherman. after hearing
the testimony this evening, rendered judg
ment that the act under which 1t is sought
to prevent the prize fight did not consti-
tutonally pass the legislature. The cham
cellor quotes from the state constitution.
the legislative records. the rules Of the
two houses of the legislature and from the
decision in the case of Smith VS.. Camp
bell as precedent TO establish his con
clusion. lie goes ON to say: Il fail 10 find
any statute prohibiting prize lighting in
the state of Arkansas. The question now
is, does the warrant state an offense2 l
am now aware under what section of the
statutes it is intended to be drawn. Prize
fighting, if an offense at common law, is
misdemeanor."
il raR ef of ha et9 taa nm
plying to the question of onense as charg-
ed in the warrant to the extent Of party
being guilty of misdemeanor by threaten
ing or consplring to commit misde-
meanor. The court finds from the evi-
dence in this case and the testimony
of witnesses that no prize fight Is intended,
as explained to the court, but that glove
contest is contemplated with ive-ounee
gloves for a limited number OF rounds,
provided another party who has not sign
ed the agreement viii sign the contract as
one of the principals; that the contract
mas not yet been made; that the original
agreement to have prize fight or a glove
contest 10 a finish has been cancelled,
and that no agreement to that effect now
eNlsts' that contest with gloves unGer
the evidence in the case is not danger
Gus TO human life and the parties are
not liable to inhict serious injury upon
each other that 1t is less dangerous than
most Of the sports that are permitted In
the, state, such as base ball horse racing
and foot ball.
The court holds that the contest Is le-
gal. The court finds that prze-hghting
ls brutal and an offense al common law;
that a party engaging in a prize fight
Will be guilty of misdemeanor at COM
mon law. The writ of habeas corpus is
granted and the prisoner ordered dis
charged from custody"
This judgment is comprehensive and is
an absolute declaration of the inyaidity
oI me legislative acts of 1891 and lS93
the hrst making prize fighting and glove
contests a felony and the amending act
OF 1898 a misdemeanor punishable by a
hne or from 81 600 TO $500. CoFbett is at
liberty ana preparations are in progress
Tor the great contest.
After the judgment had been rendered
the attorneys for the state said that the
state would appeal the case to the supreme
court as quickly aa II is possible to expe-
dite the making of the transcript
1t Is expected that this work win have.
been completed by Monday evening next.
Martin Julian arrived tonight He is
empowered by F1tzsmmons to act. ritz
simmons does not want to come until
about the time to meet Corbett in the
ring. Manager Nendig is wroth, and no
mas notified Mr.. Julian that IL Fitzsim-
mons IS not here by Oct. 30 he will
match Corbett against Maher and O'Don-
Little Rock Ark, Oct 19.-The news
from Hot Springs this evening has evil
IDENTIFY fixed Gov. Clarke's couIAe to-
ward the prize fighters. He and Gen.
Taylor went TO the state house tonight
and remained long in the governors Of
nee in consultation. The governor has
maintained all along that he would not
convene the legislature in extra session
TO stop prize fight The governor
avoided the reporters tonight, but 1t is
given out seml-officially that he has de-
cided to issue his proclamation warming
the Florida Athletic club against furth-
er preparations at Hot Springs and or
dering the state militia to hold itself in
readiness for immediate use Col. Hol-
lenburg and Adjt. Whipple Of the Arkan-
sas State Guard, will receive their or
mail. Both reside in this city.
Judge Leatherman's decision granting
Corbett's habeas corpus caused no sur
prise in this city tonight. Gov Clarke
received the news while standing in the
rotunda of the Capitol hotel.
Il knew what Leatherman's decision
would be when the case was brought be-
fore him." said the governor "He
starts the fight, l don't" At the conclu-
sion of his conference with Gen. Taylor
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