The daily morning journal and courier., 1901-02-15
NO JEFFRIES- FIGHT
OHIO DETERMINED NOT TO HAVE
 THE CONTEST.

Affair Caused by the Action of Judge
 HoIlister in Issuing 0 Permanent In
 junotlon-No Mobilization of Troops
 Will Occur.
 Cincinnati Feb. 14.-There will De no
 contest between Jeffries or Ruhlin or anyone else in Saengerfest hall i'll this I city tomorrow night and no other oate
 has been fixed for the event. Neither
 will there be any mobilization of troops outside of the hall or anywhere else to-
 morrow night, or any other time in this
 city to keep Jeffries and Ruhlin rom
 meeting there. The permanent injunc-
 tion issued by Judge Hollister to-day
 against the proposed championship con-
 test tomorrow night or at any other
 time has caused the indefinite postpone
 ment of the affairs of the state and county authorities as well. as the pro-
 motors of the contest Those who have
 been opposing the fight are very 1uol- ! ;ant. and the promoters are correspond 1 ingly depressed over the developments to-day.
 l Jeffries and Ruhlin still maintain | their quarters, but they are not doing
 much daining, and both expect to leave fof their respective engagements | Co4, ;.rI,4 ay,1 fo1y dates on the road next week. After ap- bearing at Columbus next Saturday
 Jeffries will be here next week with his theatrical company, and afterwards
 proceed with 1t on the road.
 When the joint conference adjourned
 to- day it was announced that nothing
 had been accomplished except an in- definite postponement of the contest
 that had been scheduled for tomorrow
 night. It is reported that the ques-
 tion of the $5,000 forfeit was under dis cussion this afternoon, and that this was the cause of an adjournment until tomorrow.
 The cases against Jeffries and Ruhlin, charged with training for a prize fight were to have been heard this afternoon. Prosecuting Attorney Hoffheimer says he will drop them If the defendants shali abide by the injunction without appeal, and this announcement is said to have been under consideration during the afternoon conference. At any rate these cases were postponed on the opn docket, so that the prosecutor can call them at any time.
 Cincinnati, Feb. 14.-Judge TIollister to-day issued perrhanent injunction against the Jeffries- -Ruhlin contest, scheduled for Saengerfest hall in this city tomorrow night, The decree of the court permanently restrained the managers of the contestants and the Saengerfest Athletic association, allied with the proposed event, from proceed ing at Saengerfest hall on any date. Attorneys for the defendants gave mo- tice of appeal and took exceptions to | the findings of Jaw and facts by the | court. Judge Hollister began reading his decision at 11:25 a. m. and concluded | at LAO D. m.
 The state won on the points at issue at law as we'll as in fact, but it was not | until the judge reached the last part of | his opinion that 1t was possible to tell | which way he had decided. He paid a high tribute to the character of the thir- ty-two defendants who are members of the Saengerfest organization and re- viewed their negotiations through At torney Witte with Manager w. A. Bra dy, Billy Madden and others. In re- viewing the testimony the court praised that of Manager Brady in which he tes- tified that the contestants would do their best to win and that any other kind of meeting between Jeffries and Ruhlin would be fake on the public. He severely reviewed the testimony of Manager Madden, who held that there had been no prize fights since the day of Sullivan, and that the proposed con. test here was to be one on points rather than on merits. The court passed the evidence of Madden, holding 1t to be in- sincere, while he announced that the i testimony of Brady commanded the re- 5pect of the court. The court cited cases at great length in deciding the points:
 First, That the proposed contest was % be prize fight in fact and such as [ S prohibited under the Ohio statute lhu thdt tiiC COHtCIltiull5 Ol LIle u0lGIlu- | ints that they proposed to give a box l ng contest had not been maintained
 Second, That the proposed fight would < constitute public nuisance, such as ( ourts of equity, are bound to restrain. l
 Third, That as court of equity he lad the power to enjoin the fight, all r hough there was legal remedy after its ] ccurrence. | Fourth, That in view of all the cir f he was bound to grant injunction against such I ublic nuisance as was contemplated in J he proposed prize fight. n The judge stated that he found p rize fight, rather than a boxing con- II est, to be contemplated, not only from . he evidence of the state but also from il hat of witnesses for the defense. ( Judge Peck at once gave notice of ap- e cal and took exceptions to the find 1gs of the court, both in law and in M act. |, After court adjourned counsel for the q efendants were in conference during c' le afternoon and evening as to the fu- Ire course and the promoters post tt oned the contest on account of the a acreee of the court. n,