The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-16

loon, and understood that Fitzsim mons
twas running the saloon.
"You are not an excitable man; you are
q cool, calm man?" inquired Mr.. Kow-
alsky.
II think So" modestly replied the wit
ness.
Then Mr.. Kowalsky proceeded to inquire
as to Earp's business. He replied that he
had been resident of California for thirty
two years off and on, and came to this
State in 1864 from Elliott, Iowa. He had
lived in Idaho, Missouri, Colorado, San
Diego and Los Angeles unit. five years
ago, when he came TO this City.
did you ever live in Arizonaf' was
asked.
The witness replied that he lived in
Tombstone. Ariz., for a while, where he
was a Deputy United States Marshal, a
Deputy Sheriff and Wells Fargo's private
man." He also owned an interest i'll q
store and saloon there. His present busl-
ness was horseracing but the horses were
not his property. They belonged to a
woman in one of the interior counties,
with whom he shared half his winnings
after paying all expenses. carp told that
he had refereed prize-figh in San Diego
and fifteen or twenty bare-knucKle tights
across the Mexican border In Lower Cali
fornia. "They were all prjze-hghts to
me-" he added.
'Was this contest the other night a
priZe-fght to your was asked.
They call it glove contest
The court-What do you call it?
II call them all prize.ights, put re-
stricted by law. They are all amenable to
law, although they are called glove con-
tests" was the reply.
Are you man of family?" asked M r.
Kowalsky.
II have wife, ;" replied carp.
Are you connected as a newspaper
writer with any OF the newspapers"
mo, SIR"
Have you been writing articles for
newspapers"
II object" exclaimed Mr.. Barnes. But
carp had already got his answer in, ano
that was, mo; not now"
Have you stated all your business?'
That's all the business 1 have" was
the reply.
carp then proceeded to deny that he had
had any interest in the fight or had been
engaged in any plot to render an unjust
decision. He related the manner in which
he had been selected as referee. Gibbs
and Groom came to him and asked him to
referee, and, on his hesitating, Groom said
that it would be quite an honor to act as
referee on that occasion. carp remarked
that probably "it would be little bit of
tone to act as referee where the two best
together" and he accepted. The matter
had never been mentioned to him before,
except on the day when he was returning
from visit to FitZsimmons' headquarters
in Sausalito. That was on the boat, and
Billy Jordan, in the presence of a crowd
of people, sail that carp would make a
good referee for the fight, he (Jordan)
having seen carp referee eight or ten good
fights.
carp showed the first sign of irritation
during his examination when he was
asked as to the conversation which Julian
testified he had had with him.
Il will say now" said carp. pointing
q rigid hand toward Julian, who was sit
ting by MIR. Kowalsky's side, that all that
Julian testified to the other day was pack
of falsehoods."
The lawyer rose to his feet and asked
that the statement be stricken out. Then
gun in your hind pocket which you
didn't lay on the table or hand over to
the clerk"
carp smiled, while the spectators whis-
pered until the noise grew into a buzz
He replied quietly: "If there is a gun on
me you can have the Deputy Sheriff search
me-"
when you went up to the stand,' pro-
ceeded Mr.. Kowalsky, ''you had some
thing in your hind pocket that looked like
howltZer."
carp smiled and made no further re-
mark. HIS version OF the conversation he
had with Julian was as follows: Julian
said, i have heard some very bad things
reported about you. l have heard that
this thing is all fixed, and that the people
on the other side have got YOU | told
him that there was nothing in II, as far rs
1 knew that l would give him fair,
square show, the same as | would to Mr..
Sharkey. Julian said, i am satisfied there
is nothing in this report, and he walked
off That was all"
After the protest against his acting as
referee had been made, carp addressed
the spectators and said that ne had lived
five years in this community and he
thought that no one would question his
honesty. He had come to referee the
fight and to give fair square decision.
He did not RENE en- Der Ned Foster telling
him to let them go to the Deuce and ref
cree the fight themselves.
Mr.. Kowalsky flared up very soon after
this testimony was given, when in answer
to question carp said that if there was
any kindness in the world on his part it
was toward Fitzsimmons.
The lawyer jumped to his feet and in a
voice betraying some degree OF agitation
asked:
"Was it kindness when you put your
hands against Sharkey' 8 breast and pushed
him away and then put your fingers in
Fitzsimmons' eve ?"
mo, sir, responded carp promptly, 81
never did; and l don't think Fitzsim-
mons will say So"
Don't you know that you put your
finger into the corner of his eye and cut
it 2'' was asked.
Never. 1 never put my hand on his
face at any TIME. always put it on his
breast"
The witness after denying that he saw
Sharkey catch Fitzsimmons by the leg and
try to throw him, added: IF Sharkey had
caught Fitzsimmons by the legs and
wan ed to throw him he could have thrown
him clear off the stage"
"At the time that Sharkey caught Fitz-
simmons around the legs, did you hear
the audience cry shame ana foul and
make them fight fair?' was asked.
mo, sir; | never saw Sharkey catch
him around the legs
Didn't you hear Mr.. Groom crying
Mr.. Referee, make Sharkey fight fair. He