The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-15

San Francisco, Dec. 14.-Robert Fitz-
simmons and Thomas Sharkey met this
morning for the first time since their
encounter at the Mechanics pavilion,
on the End inst, when they came face
to face in Judge Sanderson's court
room, the occasion being the contin-
uance of the legal fight for the $4,000
purse hung up by the National Ath-
letic club. Fitzsimmons still hoping to
gain possession of the golden dollars
which Referee carp awarded to his
adversary. The meeting Mas devoid
of excitement, as each gladiator
dropped into a seat near his attorney
without glance at his late opponent
Before proceedings were begun.
Lynch, Sharkey's manager. stated
after Sharkey's side of the case had
been put in. Fitzsimmons would not
have a prop under him.
I'VE will prove" he remarked, that
Smith. Allen and Abbott committed
perjury. and we will also show their
testimony was manufactured for the
occasion. If there is a conspiracy In
this affair it originated with the other
side for the purpose of stealing the
coin from us after we won ii"
THAT BRUISE.
DR.. z. D. Lustig was the first wit
ness. He testified that he was the
medical examiner of the National Ath-
letic club and examined both men a
few days before the fight. He found
them in prime physical condition. At
ter Sharkey had been carried out of
the ring the night of the contest, wit
ness went TO his dressng-room with
four other doctors, but all were denied
The following afternoon,
in company with DIS. Anderson, Rot
tanz, Raglan and Lee, he examined
at his room and found, be-
sides the cuts and bruises on his head.
a slight swelling and discoloration in
the groin, the latter being due to
leeching. The injury was superficial
and could have been produced from
any of a number of causes. including
the injection of any irritating fluid.
Had it been caused by a blow by such
a man as FitZsimmOns it would have
been most serious. Witness described
the effects of hard blow such as
claimed to have received. and
said il would probably have caused
and vomiting.
NEVER F0ULED HIM.
Fitzsimmons then took the stand and
caused laugh when he stated. in re-
Spouse to a question. that he had seen
Sharkey before. He described his pre-
vious meeting with the sailor, and said
that before the contest they had agreed
not TO clinch, and TO break away fair,
but Sharkey had violated the agree
ment. In the eighth round he landed
his left in Sharkey's face and the lat
ter raised his hands 10 guard against
a repetition of the blow. when FitZ-
simmons sent in a left shift on the
stomach. This caused Sharkey to drop
his hands, and witness gave him an
upper-cut which sent him to the floor.
was positive he never
struck a foul blow.
JULIAN'S STORY.
General Barnes tried to shake his
testimony in examination. but
Jailed. and Martin Julian, Fitzsimmon's
manager. was called. He told of the
attempts to have Lynch agree upon
referee, but the latter said he did not
propose to have his man get the worst
If the deal. Witness offered the names
If several well-known men for referee,
put Lynch rejected them all and de-
,lined to submit any names.
At 3 o'clock on the afternoon of the
light. witness first heard that carp had
been appointed referee by the club.
Afterwards, he met Riley Grammar,
Nose Gunst and others. and all wanted
o know what he meant by permitting
such a man to be named He was told
hat carp had been fixed, and went
o Groom and said F'itZSimmOnS would
lot fight with carp as referee After
he men We're in the ring Julian made
mother protest. He told carp he would
lisgrace him if he persisted in entering
he ring, but the latter said he knew
What he was going to do. Finally, see
ng thew could not have the referee
he agreed 10 go on, and eau
Toned Fitzsimmons TO be extremely
,areful.
w. w. Naughton, the well-known
parting editor, described the fight and
aid he saw no foul blow struck.
BILLY SMITH LIED.
d. ]. Lynch, Sharkey's manager. then
esti6ed that the first he knew of |
Iarp's appointment as referee was
bout o'clock the afternoon of the |
ight He had never heard Earp's name |
mentioned in connection with the mill |
,efore then. Five days before the fight |
lie made a small bet on Sharkey. the |
maIlest he had made on any of the |
ailor's contests. Neither he nor |
iharkey had any interest whatever in !
he National club. He was in the |
liners stand during the fight and did /
lot go near the ring after the battle. |
nut when Sharkey went out he went to |
he dressing room and waited for the /
ailor to be brought in. He did not |
whisper to him to simulate pain. Lynch |
cnounced the statement of Billy Smith !
egarding the treatment Sharkey re- !
eived He did not know how DIR. Lee /
anne to be called in. Lynch said he |
ad sent for good physician to report /
I the Windsor
That night DR.. Ragan called and at
ended Sharkey." continued Lynch.
Did you ever ask Smith if you could |
ot do business with Hiram Cook as
eferee9"
II did not"
Did you have an understanding or
greement with the referee to award |
he $4,000 to Sharkey whether he won
r not2"
Il did not"
Lynch explained that he did not ac-
ept the men suggested by Julian for
eferee as they were Julian's personal I
riends or sympathizers, or had made
cts on Fitzsimmons.
Sharkey viii be examined tomorrow
lorning.
Three Flights Mt Asbury Park.
New York. Dec IA Tribune spec
Al from Asbury Park, N. J., says:
Inc moral people of this resort were