The herald., 1896-12-18
For the Purse Offered for the
Late Mill
IS DECIDED IN ONE ROUND
Prize Fight Agreements Have No Sta nd
ing 10 California Courts
The Injunction Dissolved, and Sharkey
Would Get His Money if it Had
Not Been Garnisheed.
Associated Press Special Wire


SAN FRANCISCO, Dec. 1.-THE fgh'
between Sharkey and Fitzsimmons for
the possession of the $4,000 purse was
concluded today when Judge Sanderson
of the superior court dissolved the in
junction restraining the Anglo-Califor-
nian bank from cashing the check. Coun-
sci for Sharkey called the attention OF
the court to the state law forbidding
prize fighting, between which ana "a
glove contest" he maintained, there was
no difference, and he therefore argued
that a case involving the possession of
a purse for prizefighting had no stand
ing in court The Judge concurred in this
view, and said he would have terminated
the proceedings earlier had that point
been called to his judicial attention.
The court held that under the California
statute the civic board of supervisors
had no more power to legalize prize
fight than to sanction a duel. The de-
cision concluded as follows:
There is no question in my mind that
the parties in this engagement or eX-
hibition or whatever you call 1.-THE
complaint calls it a boxing contest-are
indictable under the law ard that the
people who witnessed 1t are afnenaple
as lawbreakers. understand that these
exhibitions are given; and they are
given because the people and the police
wink at them. But no court Will recog-
nize any such proceeding. And there is
no doubt in my mind that this inJuuc-
ton should be dissolved, and 1t would
have been dissolved if the motion had
been made Immediately upon the heels Of
issuing it. as the court in 1nct expected.
ba Tnr to &C
will be granted and the complaint be
stricken from the files"
The whole proceeding was over Fitz-
simmons and Julian looked decidedly
glum. while their attorneys looked re
signed. Sharkey was there to witness
his triumph.
Fitzsimmons' attorney said that the
courts decision ended the fight for the
purse. He admitted his client was
knocked out by the law.
Neither Sharkey nor Lynch, his back
err, presented the check for payment TO
the Anglo Californian bank this after
noon. Manager Lilienthal of the bank
stated to an Associated Press reporter
that he would decline to cash the check
pending the disposition of several writs
of garnishment against the amount of
the purse. The reports were current,
subsequent to the decision, that Shar-
key and Fitzsimmons with their hackers
and seconds, as we'll as Groom and
Gibbs, the two proprietors of the Nation
al club, had been arrested. No one ap-
piled for warrants for the fighters o.
their associates, however, and Chief OF
Police Crowley said he had taken no
action looking to the arrest of the pugil-
lists
Bob Fitzsimmons says that he has
not yet signed articles for fight with
Corbett. When seen by a representa-
tive of the Associated Press tonight
Fitzsimons said:
ment for a fight with Corhett. but I
expect them to arrive any day now. AS
soon as they get here ] will sign them.
l am ready to meet Corbett for any
amount. I have 100000 to put up on the
result. I understand that the articles
call for a meeting on March 18th. am
ready to fight at any time, at any place
and for any amount
CORBETT SIGNS.
NEW YORK, Dec. 17-Corbett signed
Dan Stuart's articles today. Fizsm-
mons is reported to have accepted The
articles call for finish fight for purse
of S15,000 the winner to take all. As
guarantee thatFitzsimmons and Corbett
will both be at the ringside at the date
set for the contest each must post $1,000.
either with Richard X. Fox or AL Smith,
a New York sporting man. This is to
go to Stuart in case either fails to ap-
pear. Stuart agrees to post $4,000 that he
will pull off the fight, the sum to be di-
vided between the two men il he does
not pull off the fight at the date he
names. He will also put $4,000 in the
hands of either Fox or Smith thirty days
before the date set for the contest, and il
the fight does not come off through his
failure he will forfeit this money, $4,000
each going to Fitzsimmous and Corbett.
George Siler of Chicago is named as ref
cree The fight is set for March 18th. 1897.
between : o'clock in the morning and
1145 at night. The place will be named
February 17th. Stuart reserves all priv
ileges