The record-union., 1896-12-15
FITZSIMMONS- S-SHARKEY FIGHT.
INVESTIGATION OF CHARGES OF
FRAUD.
Taken in Judge Sander
sons Court Yesterday-No Sem
satiOnaI Evidence.

SAN FRANCISCO, Dec. 14.-Robert
Fitzsimmons and Sharkey met this
morning for the first time since their
encounter at the Mechanics Pavilion
on the I'd inst, when they came face
to face in Judge Sanderson's court
room, the occasion being the continu
ance 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 ad-
versary The meeting was devoid of
excitement, as each gladiator dropped
into a seat near his attorney without
a glance at his late opponent.
DR.. e. D. Lustig was the first witness.
He testified that he was the medical
examiner of the National Athletic Club,
and examined both men a few days
before the fight He found them in
prime physical condition. After Shark
ey had been carried out of the ring on
the night of the contest witness went
to his dressing-room with four others,
but all were denied admission. The fol-
lowing afternoon, in company with Drs.
Anderson, RottanZ, Ragan and Lee, he
examined Sharkey at his room, and
found, beside the cuts and bruises on
his head, a slight swelling and discol
Grafton in the groin, the latter being
due to leeching. The injury was super
fetal, and could have been produced
from any of a number of causes, in
Guiding 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
F'itZsimmons then took the witness
stand. He described his previous meet
ing with the sailor, and said that before
the contest they had agreed not to
clinch and break away fair" but
Sharkey had violated the agreement.
In the eighth round he landed his left
in Sharkey's face, and the latter raised
his hands to guard against a repeti-
ton Of the blow, when Fitzsimmons
sent in a left shift on the stomach.
This caused Sharkey to drop his hands.
and witness gave him an uppercut
which sent him to the floor F'itzsim-
mons was positive he never struck
foul blow.
Martin Julian then told how he had
tried to agree on a referee, how the
club had selected carp. and how Police
Commissioner Gunst and Riley Gran
nan had told him that carp had been
fixed" and how when he called Earp's
attention to Sharkey's unfair tactics
and fouls, carp said Fitz was doing as
much wrestling as Sharkey
Julian was asked for positive proof
Of fraud, but could produce nothing
more than hearsay testimony.
W. w. Naughton, the well-known
sporting editor described the fight and
said he saw no foul blow struck
d. j. Lynch, Sharkey's manager, then
testified that the first he knew of Earp's
appointment as referee was about
o'clock in the afternoon of the fight
He had never heard Earp's name men
toned in connection with the mill be-
fore then. Neither he nor Sharkey had
any interest whatever in the National
Club. Lynch denied the statement of
Billy Smith regarding the treatment
Sharkey received. He did not know
how DR.. Lee came to be called in.
Lynch said he had sent for a good
physician to report at the Windsor
That night DR.. Ragan called and at
! tended Sharkey," continued Lynch.
Witness denied that he ever asked
Smith If he could do business with
| Hiram Cook as referee. He did not
have an understanding or agreement
with the referee to award the $4,000
| to Sharkey, whether he won or not
| Sharkey will be examined tomorrow
morning.