Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-02-10

1T WdS IHOuSuG that arguments WOulu
be completed tonight before Judge
Eollister on the application for a per-
manent injunction against the propoS-
ed contests. The attorneys, however,
insisted on so much time for argu-
ments that another day will be spent
in hearing them and the case will be
not finally submitted TO Judge Hollis
ter until Monday evening. 1t is hard
~ possible that Judge HOLSTER will
then be ready to render his decision on
Tuesday morning and if he shall hold
it back until Wednesday or Thursday
there will be very little time for the
proposed appeal to the higher courts.
Meantime, there are all sorts of rum
ogs about other proceedings, including
action against Madden and Brady for
perjury and especially against the for
1ner.
During the arguments this afternoon
Judge Peck insisted that the proceed
ings should be in criminal court
rather than one of equity and asked
why Brady, Madden, Cook and others,
who were in the court room, were not
arrested and held the same as Jeffries
and Rubin had been wo.weeks ago.
Counsel for the State replied that
such might be the case further on.
At any rate there is much talk about
what may yet be done to prevent the
fight while the defense deny the
jurisdiction Of the court of equity to
grant such an injunction as is asked,
they viii proceed on appeals and pos
! 5ibly otherwise in case the injunction
Ia,11 11n Tod fpH a
the injunction shall be refused the
plaintiffs viii stop their proceedings
On account of the limitation Of time
and leave the matter to the governor.
The plaintiffs have no doubt as to the
outcome of the pending suits except
ON the point of jurisdiction of a court
Of equity and on that point the de-
Tense expect decision in their favor.
There was much comment to-day
among the crowds in the corridors
over the adjournment of the Supreme
Court at Columbus to February 18th
four days after the date of the pro-
posed contest The lawyers, however,
explained that majority of the judges
of the Supreme Court reside in Column
bus and could readily hear the case in
The time to-day was devoted about
equally between w. A. Brady, as the
scar witness and the arguments of
Lawrence Maxwell and Attorney Cen
eral Sheets for the plaintiffs, and Judge
Peck for the defense. Brady made a
dramatic as well as a strong witness.
He was not kept on the stand as long
as Madden yesterday, but he made
much more of an impression, and was
at times almost sensational. Madden
had testified that .Jeffries and Rubin
would spar with love taps" for points
Brady said his man would hit as hard
as he could TO retain the championship
and he had no doubt that Rubin would
meet him equally vigorously. Brady
said any other kind of a performance
would be a fake and an imposition on
the public His candor was such that
tho court allowed him the fullest Ii
ceDse. SO that at times Brady rose to
his feet and testified with gesticula-
tion and an eloquent manner. He
had several interesting colloquies with
the court
Brady, however, maintained the
same as MADDEN, that there had been
no prize fights since the days Of Sui
Ivan and the boxing contests were
now the order in which the champion
ship was decided on points.
Brady testified to sitting beside
Theodore Roosevelt at one Of the con-
tests in the Metropolitan theatre in
New York He testified to reserving a
1 box for Roosevelt at another contest,
hut Roosevelt did not attend. Brady
thought his failure 20 &%tend was be
cause the New YORK paper had said
SO much about him having box re-
served.
Judge Harmon asked Brady if he
thought a man VINO was not afraid of
lion was afraid of newspaper talk.
Brady replied in the negative and paid
high tribute to Roosevelt.
Judge HOLSTER asked Brady if he
thought Vice President Roosevelt was
a coward. Attorneys for defendants in
chorus responded that the question was
very much unealled for. Judge Hollis
ter then scored the attorneys for the
defense, and said that the question was
asked because the court considered that
a man who favors such contests and
keeps away from them because of pub
liz sentiment is a coward.
7rady replied that he considered
Roosevelt the brayest man on earth.
Brady proceeded to testify to the high
standing of business men and others
wao were present on the occasion
when he sat near Roosevelt and on the
occasion on which he had reserved a
box for him and stated that he expect
ed the same class of people to attend
next Friday night He testified to re-
serving a section in the hall for men,
beers OF the Board OF Trade Of Chicago,
and to oders for tickets rom proml-
nent men all over the country.
Much disappointment exists among
the visiting sportingmen because the
hearing before Judge IIollister was not
completed tonight. They had hoped
for a decision Monday morning, and
now they may not know the result un-
til the middle of the week. Meantime
quite number of the friends of the
proposed contestants are here TO be
wltn them until after next Friday
night, The most prominent arrivals
to-day were Tom Sharkey and Spider
Kelly, who will be here all of next
week
Sharkey says he is here to challenge
the winner Immediately after the fight.
He says he has a forfeit of 81 500 post
q9 Wit Al Smith in New York tO