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 Vas devoid
of excitement, as each gladiator
dropped into a seat near his attorney
without a glance at his late opponent.
Before proceedings were begun.
Lynch, Sharkey's manager, stated
after Sharkeys side of the case had
been put in, Fitzsimmons would not
have a prop under him.
we will prove" he remarked, that
Smith Alien 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 it,"
THAT BRUISE.
DR.. E. 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 dressing-room with
four other doctors, but all We're denied
I'll Oft
in company with DTS. Anderson, Rot
tanz, Ragan 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 1t been caused by a blow by such
a man as Fitzsimmons it would have
been most serious. Witness described
the effects of a hard blow such as
Sharkey claimed to have received. and
said il would probably have caused
collapse and vomiting.
NEVER FoULED HIM.
Fitzsimmons then took the stand and
caused a laugh when he stated, in re-
sponse to a question, that he had seen
Sharkey before. He described his pre-
yious meeting with the sailor, and said
hat before the contest they had agreed
not to clinch, and to break away fair.
but Sharkey had violated the agree
nent In the eighth round he landed
MS left in Sharkey's face and the lat
er raised his hands to guard against
I repetition of the blow, when FitZ-
simmons sent in a left shift on the
This caused Sharkey TO drop
lis hands. and witness gave him an
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 cross examination. but
allied and Martin Julian. Fitzsimmon's
manager. was called. He told of the
Lttempts to have Lynch agree upon
eferee, but the latter said he did not |
propose to have his man get the worst |
f the deal. Witness offered the names
f several well-known men for referee, |
nut Lynch rejected them all and de- |
lined to submit any names. |
It o'clock on the afternoon of the |
Ight, witness first heard that carp had |
,een appointed referee by the club. |
afterwards, he met Riley Grammar, |
lose Gunst and others, and all wanted |
o know what he meant by permitting |
UGH a man to be named. He was told I
hat carp had been fixed" and went |
o Groom and said FitzsimmOns would 1
Ot fight with carp as referee. After |
he men We're in the ring Julian made |
mother protest. He told carp he would |
isgrace him if he persisted in entering !
he ring, but the latter said he knew |
that he was going to do. Finally see
lg thev could not have the referee
hanged, he agreed TO 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. J. Lynch, Sharkey's manager, then
sstified that the first he knew of
arp's appointment as referee was
bout o'clock the afternoon of the
ght. He had never heard Earp's name
lentioned in connection with the mill
efore then. Five days before the fight
e made a small bet on Sharkey. the
nallest he had made on any of the
iilor's contests. Neither he nor
harkey had any interest whatever in
he National club. He was in the
mers' stand during the fight and did
OF go near the ring after the battle,
ut when Sharkey went out he went to
le dressing room and waited for the
lilor to be brought in. He did not
hisper to him to simulate pain. Lynch
enounced the statement of Billy Smith
,garding the treatment Sharkey re-
lived He did not know how Dr. Lee
lme to he called in. Lynch said he
I'd sent for a good physician to report
the Windsor.
THAT night DR.. Ragan called and at
nded Sharkey." continued Lynch.
Did you ever ask Smith if you could
ot do business with Hiram Cook as
feree2"
II did not"
Did you have an understanding or
sreement with the referee to award
Ie $4,000 to Sharkey whether he won
not2'
Il did not"
Lynch explained that he did not ac-
pit the men suggested by Julian for
fierce as they were Julian's personal
lends or sympathizers, or had made .
It's OH Fitzsimmons.
will be examined tomorrow
orning.
Three Fights ut Asbury Park
New York. Dec. IA Tribune spec
I from Asbury Park. N. j., says: