The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-07
ARGUING ON TIE F|GHT
PROCEEDINGS IN INJUNCTION CASE
AGAINST CINCINNATI SAENGER-
FEST ASSOCIATION
RULES PLACED IN EVIDENCE
Attorneys for the State Claim That
Under Them Brutality Not
Only Is Possible, but
Is the Rule.

CINCINNATI, Feb. 6.-The second dav
OF the Jeffries-Ruhlin prize fight cases in
court brought no indication as to when
the hearing Will be concluded. The
state is making strong efforts to show
mat the two fights scheduled for this
city Feb. Is are nuisance un6er the
emo law, this being the ground ON
which a permanent injunction is asked
Tor. II Judge HOLSTER refuses to grant
a restraining order the Saengerfest Ath-
letlc association announces that it will
proceed TO pull off the boxing contest un-
DER the permit of Mayor F;eischraann,
Notwithstanding the opposition of Gov
NaSh The sale of seats the training
al the quarters of Jeffries Rubin. Mar
tlE and Childs, and all other prepara-
tlons for the event one week from next
friday night, proceeded today as usual
Fenton Lawson, director and secretary
IN both the musical and the athletic as
ISOLATION. was one of the principal wit
nesses in the injunction proceedings to-
day.
w NJ. Ramsay. former attorney for
the Saengerfest Musical association also
testified, The most important witness
was Mayor F'leischmann, who testified
as to the conditions under which he
granted the permit for the fight and
VINO held that he was Justified in so do
Ing, as he gave a permit for a boxing
laws
o: Ohio.
Louis p Ezekiel, who has all tie
privileges for programmes and souvenirs
Ter the event, was an interesting wit
ness, because he stated that he intended
to publish an official copy of the rules
of the Marquis of Queensberry in the
souvenir. This led to discussions as to
the admission of copy of those rules in
evidence.
Henry Strauss, at whose cigar store
tickets are on sale, was on the stand
most of the afternoon. He testified at
length as an expert as to the difference
between a prize fight and a boxing eX-
hibition, and he claimed that while the
championship was determined in the for
mer years in what were known as prize
lights, that in later years the champion
ship was determined by points in what
are known as scientific boxing contests
According to the evidence of Strauss
the meeting between Jeffries and Rubin
was to be a boxing contest and not
prize fight, and he felt confident that he
was not selling tickets for an Illegal
performance, but for one that came
within the provisions of the laws of Ohio.
The examination of witnesses was con-
Quoted by Lawrence Maxwell and Judge
Peck, but a feature of the afternoon ses-
sion was an argument between John NJ.
Warrington and Judge Moses Wilson on
the competency of the admission of the
rules of the Marquis of Queensbe ~
in evidence. Warrington held that the
annual which contained these rules was
Recognized as good authority and should
be admitted as evidence. The court over
ruled the objection of Wilson and the
pamphlet was admitted as evidence, sub
ject to any changes that the defense
might make from authentic sources. AS
the contracts that have been entered
into provide fer contests under these
rules, the attorneys for the injunction
consider that they have made a strong
point in their efforts to show that the
event here on Feb. Is is 10 be a prize
fight fer the championship rather than
boxing contest. The atone $ fer the
injunction read these rules in open court
with great effect and commented on the
brutality that was possible under them.
They also read with dramatic effect ac-
" counts from the newspapers Of the fights
that Jeffries and Rubin had part c.pated
in to show what might be expected of
them when they meet for a championship
contest on Feb. Is.
WILL CALL OUT MILITIA
COLUMBUS, O., Feb. 6.-At Gov
Nash's request the state emergency
board today authorized him to incur any
expenses necessary not exceeding $50, 600
in the use of state militia if necessary to
prevent the proposed Jeffries-Ruhli con-
test at Cincinnati, Feb. 10. The request
was granted by unanimous vote of the
> finance committee, the chairman of both
houses of the general assembly, the state
auditor and the governor.
This movement on the part Of the gov
ernOr leaves no question about his inten-
ton OF using the militia Of the state if
the law should fail to prevent the fight
He had never said explicitly that he
would use the militia.
Gov. Nash is on record as believing that
the executive has no power to call out
the militia without a request from the
sheriff or mayor, and it is believed that
he has arranged with Sheriff Taylor, Of
Hamilton county, that he shall call for
troops in case they are necessary to stop
the fight.
- Assistant Adjutant General Adams
stated this afternoon that probably two
regiments of state troops would be re-
puired in case the step became necessary
TO stop the fight. The third regiment.
with headquarters at Dayton, and the
Fecond, with headquarters at Lima, would
I'LL -