The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-05
FITz GOES TO COURT.
SUES FOR TINE $4,000 PURSE AND
GETS 4 RESTRaINING ORDER,

ghartey's REPRESENTATIVE Apply for the
Money, but the hank Refuses TO Cash
the Referee Enrp's Gaze Post
p~oned-Eastern Men Talk About waEers.
SAN FRANCISCO, Doc. Am dav long dis
eussion ragged rs to whether Fitzslmmons fouled
Sharkey in their fight Wednesday night.
Everybody In town had formed an opinion and
everybody was most anxious to express It. A
large number sided with the Cornishman and
proclaimed their belief that he was the victim
OF deliberate plot on the part Of the National
Club managers and Referee Wyatt carp 10 de.
prive him Of the decision. But there were others,
among whom were men Of unimpeachable repu-
tation. who declared they saw the foul and that
EArp's decision was strictly just.
When the National Club made the first
move In what promises to DO a long-drAwn-out
struggle In the courts for possession of the
$4,000 purse BY stopping the payment of the
check, IL was done to give Martin Julian an OPP
portunity 10 prove his sensational charges of
fraud. The managers determined upon quick
and decisive action. Having ordered the Anglo
California Bank to refuse payment OF the check.
. consultation of physicians was ordered to de-
dido the single critical issue In the case.
When the decision and the individual opin-
Ions of the physicians were made known. J. J.
Groom and j. ID. Gibbs. managers OF the Ma
tiOnal Athletic Club. addressed a letter author
tslng the bank pay to Sharkey the disputed
money. This would have settled the matter II
1t had not been for n restraining order issued By
Superior Judge Sandcrson upon tho bank.
Fitzsimmons asked the Superior Court to take
the check for $40. 900 into its possession until a
decision could be reached on TIE merits Of the
case.
After alleging that boxing matches are al
lowed In San Francisco by virtue OF an ordi-
nance, aud that the National Athletic Club had
secured u permit to, hold, the exhibition. Fitz-
collusion. and fraud on the part Of Sharkey, the
National Athletic Club. and Referee carp, their
purpose being to swindle the plaintiff, no mat
Ter which was the victor. To con lirm this posi-.
ton Fitzsimmons alleges that the persons so
referee. so that by the terms OF the match the
club had the privilege OF choosing n referee at
flment with the conspiracy. Touching the out.
come OF the tight Ftt5simmons AYERS that no
that said defendant was unable to proceed with
said boxing exhibition"
The announcement was made at Harry Cor
belts pool room that ali. bets on. the Sharkey-
Eitzsinimons fight would be paid today at I
decision awarding the victory to Sharkey in the
eighth round because Of a foul,
The case Of Referee Earn, who was arrested
last night on q charge OF carrying a concealed
weapon; and which he was compelled to hand
S %ss d 10 rS', nee GI Il poj,cs W So I .Oi at m 5ns 1inEs'd /;
the request CT Earp's attorney, however. the
case was continued until next Tuesday.
ID. j. Lynch. msnAger of Sharkey, walked into
the Anglo-Csiifornian Bank shortly after 1t
opened this morning and demanded payment
on the SIC. 900 check. He was referred to Man
aRer Lilienthal!, who said that the check could
not be paid owing to an injunction. Lynch met
this with angry words, and said that II the bank
refused to hand over the money he would
immediately bring suit and ask for heavy dam
ages; Lilienthal told him that he could do
nothing In the matter. and to go ahead with his
To add to Fitzsimmons's troubles. suit was in
claim for s9o5 held in Judgment by Jimmy
fitzslmmaonns'ss trsiners for his tiSht viii With Ma Msh er
near FL Paso. His bill for services. was not
hs never sueceeded in Collecting i the money.
This Will be heard Tomorrow.
pion .welterweight of the world, matched to
light Young Corbett" Green in San Fran
The reason for his refusal 10 the treatment
which m received In his fight with
bett" in any other city.
The sporting, men in this city who made
.wagers on the fight between Fitzsimmons and
f fnasfsz "as IN ns 9 Hd'G mock s dnG ? ye out se in shas
won or lost, while others who backed Fitz to
win are at a loss to know whether to pay up or
difference Of opinion. "Parson" Davies. who
strongly supports Fitz in the latter's claim upon
not final. and that a verdict from the court will
lie necessary to settle the controversy. In re-
reporter yesterday:
II have heard a number OF opinions that the
tSi0.eS ID ilIidl anu tndt u UetS uus
be decided that way. But beg to differ with
them. II Fitz and Julian can prove In court
and the sharkey crowd. ali bets should be de-
claTed OF, My argument Is that II the referee
before, the fight, he was not a referee at all
"nS Ib nc entered n the ring; but merely an agent,
the rules OF fair play. II it had been stipulated
In the articles OF agreement that the referees
law; there could BE- no appeal. But as such a
condition was evidently omitted, there is a
Jim Corbett, who heard Davies's argument,
differed WIN him: He said that as glove con.
F~itzsimmons would probably be thrown out OF
court. He declared that as both Fitz and
nsHt' the referees decision D'' must tAG necessa1tiy
have been final ard that bets should DO paid aC-
cordingly. Tom O'Rourke also expressed the
opinion that the decision was final.
akeEarding the payment Of wagers on tho
fSoSnds.s snGft o'Rou K s" " thin ak'' thae or ,h tse
who bet that FitZ would put his man TO sleep
s sfs lGssF'; wa .hs sD dsSis,On on Of 1 by a re feDi t sESt
seems to make my point clear. A foul
S SslnE not elG taGsk.S Violation OLA a 9scS of the ruis;' s shs Ike;
had not been been Gomm,tted; in the rsteree,s
bharkty would have stayed the limit or
not II Sharkey was dropped by u blow below
the belt, which made him a winner, how can he
be declared a loser And can anybody say that
he was fairly knocked out? To put u man out
fairly. his opponent must land n blow on the jaw
was hit toully. he couldn't have been put out
fairly. 1t is such a complicated affair that 1t
would be well to await the result of the court
proceedings before paying wagers."
A sporting man who overheard these argu-
ments suggested n novel way out of the diii-
Guilty. lie said that IL the National Club OF san
Francisco wanted to do Justice to its patrons
and to the men who had wagered big money on
the result, II should, refer the controversy, TOT
committee of hve Of the hest sporting authori-
tie, IN America, who would hear all the evil
acncei pro md con-, and then render u decision
that should be final.
Last evening Corbett and Davies renewed
their prgnmen with IA crowd OF interested lis
teners, when the "Parson." in his usual quiet
way, remarked:
How IL 1t, Jim, that FitZ says he will meet
both you and Sharkey in tho same ring on the
same day ?"
The big pugilist looked nettled for a moment.
then burst Into n loud laugh. Don't you
believe IL" he exclaimed. "Fitz is too sensible
TO make n crack like that
Nike Donovan said that those who bet that
FitZsimmons would score a Knockout should
get their money.
0First bouts at the Polo A, G..