Douglas daily dispatch., 1927-11-17
HONORS EASY In
DR.. KEARNS tilt.
With DEMPSEY

NEWARK, N. j., Nov. 16 (H9-Honors
were described as even bv spectators
who filled the tiny court room today in
which the legal battle between Jack
Dempsey and his former manager
Jack Kearns, had its first round be-
fore Federal Judge William N Run
yen. 1t was day filled with all man
ner OF excitement, including a nine
story drop of an elevator carrying
Dempsey, Tex Rickard, Arthur F. Dris-
coll of the boxers counsel and about
20 others.
All were shaken up and the lawyers
ensuing illness caused adjournment of
court about two hours ahead of time.
Air pressure prevented a dead weight
plunge of the elevator. 1t struck the
basement, bounded up about five feet
and settled back slowly.
KearnS is suing the former cham
pion for 1888 1888, alleging breach of
contract signed on September %,
1923.
The trial got under way at noon
with the selection of the jury and ran
smoothly enough until after the drop
OF the elevator, when Driscoll return
dress to the jury, declaring that the
alleged contract was merely scrap
of paper designed to deceive the New
York state athletic commission" He
explained that it was all right with
Dempsey" and added that Kearns
signed both names to the paper, real
izing that it was "only a scrap of
paper
The document, however was re-
turned by the commission and Demp-
sey himself signed the next one. It
was only to pave the way for the
Dempsey Firpo fight, Driscoll announc-
ed, pointing out that Dempsey always
shared $3.50 with Kearns yet the
contract called for 67-33 split The
contract was signed on September o.
1928, and was to sbe retroactive to
September IA, the day of the Firpo
fight, he said. KearnS said that the
agreement was retroactive to August 3,
1923, and was effective until August 8,
1926.
Arthur N. Sager of KearnS' counsel,
opened for the plaintiff with caus-
tic attack upon Dempsey, Judge Run
yon calling a foul only when he began
painting Dempsey as tramp of the
road.
The plaintiff went on the lawyer,
signed contracts for Dempsey to fight
Harry Wills and Gene Tunney IN 1926
with a $5OO,00O guarantee for Denp-
sey in each, and it was upon the box
er's alleged refusal to carry out these
that the suit was based.
Dempsey, at that time, Kearns'
counsel charged, was travelling in
Europe and elsewhere, taking part in
exhibitions Rickard finally signed
him up to fight Tunney in Phila-
delphia, in which bout the title
changed hands. In that fight, taking
place in September, 1926, Dempsey
had guarantee of $5O0,OO0 Sager
said He added that he had reason
to believe from what he has heard
and read in the newspapers, that
Dempsey actually got $82OOO0 for that
fight.
Richard" Sager said, stepped in
between fighter and manager and
lured Dempsey away"
Kearns also seeks an accounting of
all the money received by Dempsey
in exhibition bouts and other engage
nents which were without the con-
sent of Kearns, Sager added ;,
Appearance of the case on today's
calendar ended a game of pitch and
toss which lasted for more than
year. Filed originally in Chancery
court, it was transferred to the fed
eral courts and then thrown from
one judge to another, Judge Runyon
catching it on the third rebound