The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-08-02
PLANS FOR AN ARENA
MEN BEHIND JEFFRIES-RUHLIN
PREPARING FOR BUILDING.
TO SEAT TWELVE THOUSAND
ATTORNEY GENERAL TERRELL on
PROPOSED MATCH.

Mitchell Bout in 1S94-"ThOse That
Engage in Prize Fighting Guilty
of Assault and Battery"-TOmmy
FeItz Submits to Physical Exami-
nation and Is Pronounced Perfect
Iy ProportiOned and Developed.
Despite the various views regarding
the proposed Jeffries-R Rubin bout
those behind the movement for the
match are making preparations to pull
off the affair if possible, and to this
end have already secured plans and
bids for an octagonal building with a
seating capacity of $1,000, with a sun
ken ring, and the seats arranged on
a plane inclined toward the ring, so
that all spectators may have good
view of the contest. 1t is hoped to To-
cate this building near the State Fair
grounds.
That the bout. will not be brought
off without some opposition may be
gathered from a recent interview with
Attorney General Terrell, who was ask
ed for his opinion from legal stand
point as to whether the bout could be
brought off in Savannah without viola
ton of the law. In reply he said;
'I expressed myself fully on
this question some time ago,
telling all knew, and
have not learned anything new on
the subject since"
The legal opinion which Mr.. Terrell
rendered relative to prize fighting was
expressed at the request of Gov. Nor
then in 1894, on the eve of the fight be-
tween James ]. .Corbett and Charlie
Mitchell. According to Mr.. Terrell,
prize fighting, boxing matches and en-
counters of that kind serve no usefui
purpose, tend to breaches of the peace
and are unlawful, even when entered
into by agreement and without anger
or mutual i'll will. Following are some
of the expressions of Mr.. Terrell, taken
from his report:
I'm reply to request from the
Governor, 1 investigated the question
as to whether prize fighting was
crime in this state, and gave him an
official opinion to the effect that it was
crime. "a ISNlSW Va NAhAo 40NSNAOAA' ~--~N
a re-examination of the authorities
confirm me in the opinion which l gave
the Governor. Our code defines an as
sault to be an attempt to commit
violent injury on the person OF anoth-
err, and a battery as the unlawful
beating of another Neither malice nor
anger is an essential element OF the
offense of assault and battery.
,oIl q from nQGSl0n
avenge an insult, or for protection of
self or property. The latter motive is
recognized as a moral as we'll as le-
gal right and duty. In all of these
cases there is a motive which the law
recognizes even if it does not excuse,
and it Furnishes or justifies according
to the injury intended or inficted, the
nature of the cause which exclted the
passion, the character of the insult, or
the necessity of self protection.
prize fight is a fight for a prize-it is
nevertheless, a fight which brings
blood, and manning, and pain, ana
nhysical injury; ii may be without NAL
ice-it Is not without violence; II may be
opened with a handshake-it is ended
with a knock down for a prize-that is
for the belt and the purse, or rather
the purse and the belt.
"Section 4712 of the code provides
that II any person shall attempt to
commit an offense prohibited by law,
and in such attempt shall do any act
toward the commission of such offense,
hut shall fail in the preparation or
shall be prevented or intercepted from
executing the same, such person shall
he indicted for misdemeanor. If any
person intend to engage in prize fight
in this state. and he shall be prevented
or intercepted, or even If he desist after
the attempt to do so. this would not
relieve him from being guilty of an
assault.
"a careful reading and consideration
of the authorities, think. will convince
the most doubtful that parties who en-
gage in prize fighting in this state.
with or without gloves, are guilty of
the offense OF assault and battery"
Tommy Feltz, who is training for his
bout with Kid Davis Monday. in the
preliminary to the DAILY Bennett con-
test, was given a physical examination
Yesterday by DIR. ]. d. Paige, who pro-
nounced the little fighter to be perfect
Nv proportioned and developed, and to
have no bruises, broken bones, or dam
aged tissues. This is a remarkable
showing, as Feltz has taken part in
over 100 fights. He has never received
severer damage than black eye.