Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-02-07
MONEY FOR MILITIA.
Gov. Nash Authorized to Spend
$4,000 For Soldiers.
10 PREVENT THE PRIZE FIGHT.
At the Tissriag In Cincinnati, the oppo-
nsnts oil the Proposed Nuisance Made a
s.oiut. on tl,e Admission OF Marquis of
Qneensberry fuias.

board Authorized hiaJ to incur any
expense necessary, not exceeding $50,
900. Ia the u6e OF state militia to pre-
vent the proposed Jeffiies-R Rubin con
test Ut Cincinnati
Thisleft no question about the gov
ernors intention to use the military
arm OF the state if the law should
fail to prevent the fight Governor
Nash believes the executive has 10
power to call out the militia without
Ii request from the sheriff or the
mayor, ara it il thought he has ar.
ranged with Sheriff Taylor, of Ham
| ilfon county. that the latter shall call
! for troops III case they are necessary
| to stop the fight.
! Cincinnati, Feb. THE second day
of the .Teffrias- Rubin prizefight cases
| in court brought no indication as to
| when the hearing would be conclud-
| ed The state was making efforts to
show that the fights scheduled for
! this city Feb. Is are n public nuis-
| ance under the provisions of the Ohio
| law and on that ground n permanent
! injunction is asked for The pro-
/
were contesting moves made by the
state. and If Judge HOLSTER shall re-
fuse to grant n restraining order the
! Saengerfest Athletic association an
nounces it will proceed to pull off the
| boxing contest under the permit of
| Mayor Fleischmann, Notwithstanding
the radical action taken by Governor
Il 9th fn inic e,;,,
| last Saturday, and especially Wednes-
| day.
| The sale of seats, the training at
! the quarters of .Ieffries, Rubin, Mar
tin and Childs, the work of arranging
boxes and seats at the big hall, and
all other preparations for the event
/ one week from next Friday night
Were proceeding Wednesday. 1t was
! evident that everything will be com
pleted and in readiness before a de-
olson by Judge HOLSTER shall be rem
derea. The only suspension seemed
! to be in Withholding the Autographs
and other display advertising of the
event These, it was asserted, will be
rapidly distributed if Judge Hollis
ter shall refuse to grant an injunc-
/ ton
Fenton Lawson, director and secre-
tary in both the musical and athletic
association was the principal witness
/ Wednesday. 1T is thought that the
attorneys for the injunction went
over everything with him, so that the
examinations of the other directors
and members of the Saengerfest Attn
letie association will not take up
much time.
The most important witness was
Mayor Fleischmann, who testified to
the conditions under which he grant
ed the permit for the fight and who
held that he was justified in so doing
as he gave a permit for n boxing
contest. which should come within
the laws of Ohio
| Louis T. Ezekiel. who has all the
| privileges for programs and souven-
| irs for the event, was an interesting
| witness, because he stated that he
intended to publish an official copy
I of the rules Of the Marquis of Queens
berry in the souvenir This led to dis
cussions as to hte admission of a
copy Of those rules in evidence
Henry Straus, 1T whose cigar store
tickets are ON sale. was kept on the
stand most of the afternoon Wednes-
/ day. Straus in part told of the great
! demand for tickets.
According to tile evidence of Straus
the bout between .Jeffries and Rubin
was to be boxing contest and not a
| prizefght, and he felt confident that
| he was not selling tickets for an lille.
| gal performance but for one that
came within the provisions of the
laws of Ohio. The examination Of
renee Maxwell and Judge Peck, but a
| feature of the afternoon session was
an argument between John NJ War
rington and Judge Moses Wilson on
the competency of the admission of
the rules of the Marquis of Queens
berry in evidence. Warrington held
that a newspaper annual. which con
| tanned these rules, was recognized as
good authority and should be admit
ted as evidence The court overruled
the objection of Wilson and the
pamphlet was admitted as evidence,
subject to any changes that the de-
Tense might make from authentic
sources. AS the contracts that have
been entered into provide for contests
under these rules the attorneys for
the injunction considered that they
had made strong point in their eff
forts to show that the event here on
Feb. Is is to be a prizefght for the
championship rather than a boxing
contest. The attorneys for the in
junction read these rules in open
court with great effort and comment
ed on the brutality that was possible
under them. They also read with
dramatic effect accounts from the
newspapers of the fights that Jeffries
and Rubin had participated in 10
show what might be expected of them
when they meet for a championship
contest on Feb. Is.