The morning times., 1896-12-18
sHARKEf Gets THE PURSE
Decision Rendered Against Fitz
in His Injunction Suit.
DEFINITION OF PRIZE FIGHT
Court Holds That 1t Is Synonymous
With Glove Contest-Money Still
In the Bank, But VIII BE Paid
Over Today If No Further OBJ
stacles Arise.

San Francisco, Dec. 17.-Glove contests
and prize fights are synonymous Such rs
the legal opinion of Judge Sanderson, and
in consequence Thomas Sharkey will get
the $40 600 that Fitzsimmons still believes
rightfully belongs TO him.
When the matter came up this morning
both sides announced that they had no
more dispositions to take, and Gen Barnes,
Sharkey's attorney, moved TO dissolve the
injunction restraining the Anglo-California
Bank from cashing the check gwen TO
Sharkey in accordance with the decision
of Referee carp. Barnes SAID the COM
plaint was defective, as it did not state
sufficient facts and was on Information
| and belief, stating general rumors.
AS a second point the agreement for the
fight was for something Illegal, contrary
TO good morals, and not entitled to the
protection OF the court. 1t had been stated
| in court tlat there was great difference
between a prize fight and glove con-
test. He read Several decisions bearing on
the point in support OF his contention.
He argued tnat the SharkeyF Fltzsimmons
affair was a pugilistic encounter for a
purse OF $4,000 to go to the winner.
The magnitude OF the reward seemed Fro
digious- Fitzsimmons claimed he had been
"jobbed,'' that there had been a con-
spiracy to defraud him out of the prize
money, and to do SO the consprators ar
ranged for referee who should give the
decision against him.
SHARKEY'S CLAIMS.
Fitzsimmons climed that in the eighth
round he had so discomfited his opponent
that he was unable TO continue the con-
test; despite which the referee corruptly
decided against him.
Counsel said the case should not be
longer entertained by the court. The evi-
dence brought to the courts attention dur
ing the taking OF the depositions was enough
TO guide him. When pugilists contest Tor
$4,000 purse, with referee OF their
own selection, and escape prosecution for
it, the civil arm of the law would not re-
referee the contest for them. He, there
fore, asked that the injunction be dis
solved.
Attorney Friedrich, in behalf of Fitz-
simmons, argued that the court could look
to the complaint only and pass on only the
points presented by oounsel, who had asked
for the dissolution Of the injunction. He
hoped that the court would not go beyond
lilin III ilOtioE
In rendering his sdecison, Judge Sanderson
said it was the first time the ease had
been presented to the court, as the former
proceedings were TO take depositions. The
complaint stated that the permit was for
boxing contest A glance at the die
tionary would show the gentlemen that
boxing and fighting were synony nous
words.
INJUNCTION DISSOLVED.
If the men were boxing they We're
fighting. 1t was elementary law, and IL
the complaint was trde the principals might
be indicted and those who witnessed Ii
were liable to arrest for misdemeanor.
The supervisors, he said, had no more
| nghtto license a boxing contest than they
! had to license a duel. In permitting the
contest, the law officers had winked at
a violation of the law. The injunction. he
said, would have been dissolved on the
! heels OF an Issuance had IL been asked for.
| The court ordered the Injunction dissolved
and the complaint stricken from the files
| OF the court.
FitzstmmoRs, who was in court to heal
the decision, went away very much crest
| fallen. Sh5rkey was not there.
The $40, 600 cheek Is sitll in the posses
sion OF the bank, where it will remain
until all doubt a. to who owns IL has been
removed. Manager Lilienthal said he
] would not pay the money over until ad-
vised 10 do so by his attorneys. Unless
some other impediment should present
itself the money VIII probably change hands
tomorrow.