New Britain herald., 1928-04-26
DEMPSEY SCORES
 KAY0 OVER KEARNS
Jury in Federal Court Rules in
 Favor Of Former Champion

New York, April o6 LP - Jack
 Dempsey had another knockout te
 his credit today. His one-time man.
 ager Jack Kearns, went down for
 the count in the federal district
 court. losing a suit for $7O1,00O. Just as the iron fists of old man
 mauler of Manassa clubbed down
 every opponent in the heayyWejeht
 division while Jack kearns piloted
 hlm to the cham pionship, so did the
 legal array or Dempsey slash down
 the Docs claim under breach of
 their old contract until they amount
 cd only to $l5,000 at the maximum,
 And last night. after allowing a l 1ufy 10 md only on two questions of
 fact. Federal Judge John C. Knox
 delivered the final blow to Kearns'
 claims by directing q complete yer
 dict for Dempsey after four days of
 most interesting testimony to ifstic
 railbirds.
 1 The court allowed the jury to rule | on whether Dempsey had entered l into legal and valid three year l contract with kearns in August of 1 1923. while the former champion was training for his title defense against Luis Firpo, the Wild Rull' of the Argentine, at Saratoga Springs. N !. When the l2 men found that q l1I
 asked to determine whether this con- tract was terminated in 1925 by nut ual consent in Los Angeles, when the pair of Jacks. after months of pickering and publicity. split their
 joint property holdings of over $5O0.- 900 and dccided-as Dempsey testi-
 iied-that you shall go your way and ] shall go minc.'
 Although the jury, after four
 hours and 22 minutes of delibera- ton, found that a. valid contract was entered into by Dempsey and kearns when the former champion, Ito get Doc out of jam" traced his name over signature already placed there, they decided that the split in California brought contractural relu- tions to an end. Dempsey had testi- fled that although the 1923 agree nient called for kearns to receive "3 1-3 per cent of his earnings, in accordance with the rules of the New York state athletic commission, he always had split fifty-ftty with the Doc"
 Judge Knox. on motion of Arthur F. Driscoll, head of Dempsey's legal ;.rray. Immediately ordered the jury 10 rcnder a directed verdict for Dempsey on all the causes Of action remaining in kearns' suit. Three of these demanded $500, 900 as Kearns' share in the S7lS.oU0 Dempsey re- ceivcd for losing his title to Gene Tunney in Philadelphia in 1926. while the other asked for a portion of the profits of an exhibition tour 1he eX-champion made in 1924 and 1925. A fifth cause Of action, in ' NolNing $lGG.0o0 and relating to q fight between Dempsey and Harry Wills that never took place. was ruled out two days ago.
 Earlier in the day, Judge Knox decided that only two questions Of tact could be passed upon by the 1 jury. The remainder Of the hction, l he said. embodied questions of law that Were for him to decide. Ar | thur x. Sager. chief counsel for i kearns, declared that appeal would 1 be made 70 a higher court in Sep l ielnber. A suit brought in Philadcl- will be suspended pending outcome If the appeal. he said.
 Although kcarns failed 10 take the attorneys for Dempsey 'harged that he was afraid to in up yesterday, his former warrior appeared six times during he trlal. Dempsey's version of heir relations went to the jury un- The testimony of the X-champion and admissions Of Tex tickard that Dempsey was guaran- eed full protection" and the right o choose referee and judges for a ight with Tunney in New York. b1IHtu tue HlBn IISI Ol lnc pIO- eedings
 During the four days of the trial. major tistic figures from many states rave testimony. Paddy Mullins, of Harry Wills and a pint ized Irshman scaling about l45 denied that he ever took a punch" at Dempsey for failure 10 ight the negro challenger but did 10 slip into the record the ssertion that the "black menace" till could whip the former cham iOn.
 B. C. Clements. head of the Chi ago Coliseum club. told of Demp- eys failure to go through with q out with Wills at South Bend, Ind. nd charges were made that Floyd 'itzsimmons. Benton Harbor. Mich. stole the contract for that ght.
 Rickard was forced to identify q heaf of tclegrams guarant eeins dempsey 'absoluto protection in ,ew York, an admission which al eady has brought him a summons ) appear Friday before the New ork state athletic commission and I.. Iii.