The San Francisco Call. Newspaper, December 4, 1896, Page 1

Y VOLUME LXXXL—NO. 4. . FIT GETS AN INJUNCTION, The Courts Will Decide the Ownership of the Purse. WYATT EARP ARRESTED YESTERDAY. {fhe Referee Charged With Carry- ing Concealed Weapons Without a Permit. SHARKEY’S HURTS REPORTED NOT TO BE SEVERE A “Majority of Sporting Men Still Believe That Fitzsimmons Was Robbed of the Decision and the Purse—Lynch’s : Statement. The lovers of fistic sport wino sat about the ring at- Mechanics’ Pavilion Wednes- day night and saw Bob Fitzsimmons put Tom Sha: never-believe that the Cornishman fouled the sailor, and moreover, the majority of ihem are outspoken in their belief that Bob was robbed. Tae fight and its sudden and unsatisfac- tory términation were the talk of the town yesterday and the peculiar train of events that led up to the fight and what followed it yars pors over On evory street corner ahd in eyery cafe. The -sports recalled the declaration of Mnrl&‘n Julian that the referee was fixed Tom Williams Said There Was No Foul. for Bharkey, Earp’s peculiar action in not defending himself before the assembled throng and the fact that he was relieved of a gun in the arena. g Then they told each other how foul Sharkey Had fought and of Earp's ap- parent indifference to the sailor’s tactics. Then Earp’s sudden and precipitate dis- appearance from the ring were commented on and inferences drawh from that. An incident that caused a great aeal of talk was the refusal of the trainers and backers of SBharkey to allow the doctors to see the sailor, When S8harkey was carried out of the ring he seemed in a complete state cof collapse and totally unable to walk., This, ring-goers think, was the time for & physician to be called. Yet, when Dr. Lustig, Dr. O’Brien, Dr. Rot- tanzi and others offered to attend him they were shui out of his dressing-room and ro physician saw him unul a man named Lee, an irregular practitioner, with whom the police are well acquainted, was called and with no one but Sharkey’'s peo- ple present atthe examination pronounced him seriously injured. His statement is heavily discounted in view of the subsequent reportsof reputa- ble physicians, made yesterday, that Sharkey’s injuries are far from being se- vere enough to incapacitate him from hav- ing gone on with the mill. So long a time bad expired thatit was hard to tell when ©r how the hurts were received. essrs. Gibb and Groom, maragers of National Club, are coming in for no shall amount of unfavorable comment for Dot withdrawing Earp as referee when Julian objected to him. Julian was will- Ing to accept any one in the house outside of the bad man from Arizonas. An easy and honorable solution of the matter would have been to withdraw Earp, y to sieep do not and will | which the management had a perfect right to do, and turn the selection of the referee over to Sharkey and Lynch. In this issue will be found the opinions | of a large number of prominent citizens | on the subject of that decision. GIBBS’ EXPLANATION. The Manager Tells Why Wyatt Earp Was Selected as Referee. Manager Gibbs of the National Club stated to @ represérintivé ol THE CaiL how he happened to select Earp to decide a question involving the payment of $10,000. “You understand,” said he, “that the agreement was that in case Sharkey and Fitzsimmons could not select a referee, | then the club should do so, and as time | passed and they were far away from the i decision we began to cast about fora man. ; Step ping into the Baldwin one day I saw | Mr. Earp, and I told Mr. Groom, who was with me, that if we had to find a man, | there was good material. “I knew that Wyatt Earp was a cool, clear-headed person of an unimpeachable reputation, and one who would be per- | fectly fair to both fighters. Moreover, he had refereed about thirty fights and had the experience necessary for the position. The only desire of the National Club was to give Fitzsimmons and Sharkey an | equal chanc- in the ring and for that pur- | nose we wanted a just and able referee for | the contest. Neither Mr. Groom nor my- | self spoke to Earp regarding the matter until noon on the day of the fight. “Sharkey and Fitzsimmons had failed to agree upon a referee and the club must act. Groom and I hunted up Mr. Earp | and informed him that we had selected him. We three sat in a small curtained apartment in the Baldwin Hotel. Earp | thought over the matter for a few minutes and said thatif it were agreeable to all parties concerned he would do his best to render a fair decision. [ “Then we notified Julian and Needham | and both gentlemen expressed themselves as perfectly satisfied. We congratulated ourselyes that all these preliminaries bad been settled, but when we got to the ring last night Julian informed us that he ob- jected to the referee. Hesaid he nad been told that Earp was going to decide in | favor of Sharkey. |+ “1 then brought Needham and Julien | together and said: ‘Gentlemen, I haven’t a word more to say in this matter; settle THE DOCTORS GATHERED AROUND PUGILIST SHARKEY’S BED. have a particle of prefarence for one over | cians in attendance had had an opportu- theother. Idid not wager a centand had no other interest in the matter than to have a square and fair contest, the better man to win the $10,000 and the public to get apan’lertsinmeut for their price of admis- sion.” PRI THE EXAMINATION. Doctors Report Sharkey’s Injuries to Be Not Severe. Manager Groon: was seen yesterday afternoon leaving the Chronicleoffice with asack which contained in golda and cur- rency $5000, the amount of money the “This is how he did it,” said Major McLaughlin, National Club had deposited as a guaran. tee to the pugilists that it would carry out its part of the programme to the satisfac- tion of the contestants. ‘When asked if the club intended to en- gage physicians of prominence to examine the maimed pugilist, Groom immediately answered in the affirmative. “Yes, by all means,” he said. “I want reputable physicians to examine Sharkey to-day in order that their testimony may clear the club of any cioud of suspicion that may be hanging over 1t in reference to this_unfortunaie affair. There will be a meeting for that purpose at 4 p. . this evening at the Windsor Hotel.” Asked if the ciub would have any objec- nity to farm an opinion. In connection with the examination of Sharkey there was an episode of unusual interest. The physicians having retired for consultation and having returned with a brief, non-committal report replete with technical words, each medico d his signature toit. As the last one was about to sign the document he observed the name of one Lee attached to it. He inquired as to who the gentleman was, ana no one knew him. ; 1t happened that Lee was the man who attended Sharkey immediately after the alleged injury was received, to the exclu- sion of eyerybody else. As he is not a physician regularly regis- tered and in standing the six physicians withdrew their signatures and signed a: other report, upon which Lee’s name does not appear. Stripped of its medical verbis port shows that 8harkey’s in; severe and bears out the statem @ this re- s are not ; to from continuing the fight. 2 DT afig R SRR, DR. LUSTIG TALKS. The Club’s Physician Was Refused Admission to Sharkey’s Room. Dr. D. D. Lustig, the physician regularly attached to the National Athletic Club, was jne of the very first men to go to Shar- key’s relief when it was announced that he was injured. With him were Drs. Rethers, O'Brien and Roitanzi. They applied for admission into Sharkey’s quar- ters and they received a point blank re- fasal. *This refusal I consider as inexcus- able,” asserted Dr. Lustig yesterday after- noon, subsequent to the regular examina- tion conducied by the corps of physicians. “If Sharkey were injured in the way as was claimed he was in need of immediate attention. “‘Our examination to-day, sixteen hours after the injury is supposed to have been suffered, is rather tardy and unsatisfac- tory. All we can say at best is that there is an injury—that’s all. Whether the harm is an_hour or seventy-two hours oid cannot be determined. *“Ido not believe that a man with the injury presented now by Sharkey would be incapacitated from continuing in the fight. Perhaps the injury was much greater last night, but we have no means of ascertaining that, and our. report is based simply upon present appearances without saying when the injury wasin- flicted.” Stripped of its medical verbiage, the re- port of the doctors was that Sharkey was not hurt so badly as to incapacitate him from fighting, m e, INJUNCTION GRANTED. Fitz Brings Sult to Recover the Purse for the Big Fight. Robert Fitzsimmons, the Cornish prize- fighter, yesterday began a suit in the Su- perior Court to obtain possession of the — the National Athletic Club, 8harkey and Earp, whereby Sharkey was to receive the money under any 1 circumstances. To confirm this position Fitzsimmons alleges that the ties so conspiring re- fused to agree with him in regard to the choice of a referee, so that by the terms of the match the club had the priyilege of choosing the referee at the ringside, The choice of Earp, Fitzsimmon conformity with the cous; bis decision awarding Bharkey was its consu Touching the outco sult of the fight, the he discomfited the key so that said def further proceed with said boxing and “I’s a fraud,” said Mose Gunst. sparring exhibition,” which is the polite way chosen by Fitzsimmons for saying that be knocked out Sharkey. v Fitzsimmons concludes by asking that the bank be restrained from paying the check, that Sharkey and -his agents be prevented from collecting it and that the check be ordered into court. After that the court is asked to adjudge that: Fitz- simmons is the winner .of the fight and consequently is the lawful owner of the money and that the $10,000 check be de- livered to him and his lawyers. forthwith. The certified check, over which the answer and that the matter wonlgi be heard within a few days. patigses EARP ARRESTED. The Referee Charged With Carry- ing a Concealed Weapon. Captain Wittman, in handing ' the revolver to Chief Crowley yesterday morn- ing, did so in the hope that Earp would call for it before noon, when he would be promptly arrested. As he faifed to show up the Captain de- tailed four of his men to search for him, while he personally spent the afternoon doing the same thing, but without success. Policeman Frank W. Riley was detailed to watch the Pup restauranton Stockton street, near O'Farrell, where Earp takes his meals. Between 6 and 7 o’clock last <vening Earp entered the restaurant and Riley: wen! up to him, telling him that Captain Wittman wanted to see him at tbe Central police station. Earp accompanied the officer and when they reached the central siation the cap- tain asked bim where he had been, as he had been looking for him all day. 5 “1 have been out at the races since moruing,” replied Earp, “‘as there is so much — talk in town about my decision that I wanted to zet away from it."” The captain then informed him that be was under arrest for carrying a concealed weapon, and he escorted him to the City Prison, where the charge was booked against him. Earp put up $50 cash bail and then took his departure, saying that he would be in court this morning. The revolver i- whatis known .as the *“frontier Colt’s,”’ 45-caliber, single action, aboutl twelve inches long, with eight-inch barrel. cut-off handle. —_——— EARP’S PISTOL. Why the Referee Was Not Put Under Arrest at the Pavilon. “Why was Wyatt Earp not arrested 1ast night for carrying a concealed weapon?” noon. ‘“It would have been a very impolitic action,” replied the Chief, *‘to arrest him in the presence of 12,000 spectators. They would have said that the police were try- ing to stop the fight for a very trivial Teason.’ X ‘“He handed the revolver to Captain Wittman when asked to do so, and it is my beliet that no judge nor jury would convict him in the circumstances. “I have the revolver in-my possession, but Mr. Earp has notcalled for it. Idon’t exactly know what I will do when he calls forit. " I would hate to have.to be com- petled to return it to him.” “Has Earp a permit to carry a re- volver?"’ “Idon't know, but whether he has or not, it was a most extraordinary proceed- ing for him to have the revolver in his pocket when he entered the prize-ring.”’ ~An nation of the records failed to | show that Earp has a permit, at least his Tame was not on the register. = ——— EARP AND LYNCH. Assoclates inthe Running of Horses b t the Racetrack. $10,000 purse. , *“We will not give up without a fight.” he asserted, “and our attorney has en- joined the money from being paid over to harkey. Through Commissioner Gunst and others I learned yesterday that Wyatt Earp was fixed to give the fight to Sharkey. His conversation with Joe Harvey and the subsequent flood of money put up on Sharkey when - before that no Sharkey money was to be found, indicated there was something wrong. “I have ascertained that Wyatt Earp, the referee, is closely allied to lgan LyncE, the representative and backer of Sharkey, in their racehorse business. That bein, the case, it wonld have been a right an proper thing for Earp to have refused to officiate as referee even if I had not ob- jecteld to him as I aid publicly before the battle.” —_———— DR. LEE’S CAREER. lllegal Practitioner and Ar- rested for Negotiating Stolen Bonds. B. B. Lee, the man who was called in to attend Sharkey after he got his knock- out blow, is, according to the police, an illegal practitioner. - Lee is the man who was arrested about, the beginning of this year on suspicion bf being implicated in the robbery of a num- ber of Kansas City bonds from a safe- deposit box in a bank in Kansas City, Mo. Lee had no connection with the actual robbery, but he was arrested while tryiug to negotiate one of the stolen bonds valued at $1000 with the Market-street Bank, Spreckels building. R. L. Loughridge was some hours later arrested as one of the three men who robbed the bank. Loughridge had some friends in this City and he came here with his share of the stolen bonds. Loughridge was taken back to Kansas Continued on Second Page. An The Formidable Weapon Taken From Referee Earp at the Fight by the Police. It Is a 45-Caliber Colt’s One Foot Long. it yourselves. Make some choice quickly s0 that the contest can begin.’ “After considerable discussion Fitzsim- mons called off the debate and Earp was permitted to act as referee. 1'watched his work and saw that he acted with fairness and promptness. He stood ciose tothe two men and would quick y break them apart when they clinched. My instructions to him were to overlook any little unim- portant foulson the partof either man as it was not the wish of the club to stop the contest on a mere technicality. Mr. Iarp said he would not interfere unless absolutely obliged to.” “Do you consider Earp’s decision a fair one?” was asked Manager Gibbs. “] cannot say whether it was or not, as I did not see the blow, which he declared a foul, struck. At that instant I was looking np at the gallery, where the great crowd was pressing dangerously against the railing and I was fearful that it would zive away and a dreadful accident occur. When I looked again toward the ring Sharkey wae lying on the floor. “] feel keenly this rumor of crooked refereeing and am more than anxious that the question may be investigated fully. The club did ail it could to bring the fight off fairly and if there is anything wrong we want to learn that fact. “This morning at the request of Mr. Julian I requested the bank to defer the payment of the check till some amicable settlement could be brougnt about. Beth Sharkey and Fitzsimmons are particalar friends of mine, and personally I did not tion to THE CALL being represented by a physician at the examination, Mr. Groom replied that he would be only too vleased if all the papers were represented by medical men. It was 4:30 p. M. when the following physicians met at the Windsor Hotel solely for the purpose of ascertaining the extent of S8harkey’s injuries and if they were caused by a blow: Drs. Joseph Pescia, J. 8. Barrett. D. F. Ragan, T. A. Rottanzi, Charles Shilling, Winslow An- derson and D. D. Lustig. Doctor Ragan was the attending physi- cian in behalf of Dan Lynch, who is Shar- key's manager. He was first to examine the fighter and turning to Doctor Lustig said in undertones that there was no doubt as to Sharkey’s injuries. The latter physician was next to ex- amine the champion of the navy. He soon discovered that the injury to Shark- ey’s groin was not as bad as reports stated, and so informed Dr. Ragan. “Yes,” said Dr. Ravan, “that may bei but if gou look into his eyes you will notice that they are affected by the in- jury. ~‘Oh, nonsenge]” was the quick rejoin- der of Dr. Lustig. ‘‘What on earth have the eyes todo with this case?’ The physi- cians then had a happy excnange of words in reference to the question at issue when Dr. Ragan put a sudden stop to the exchange by informing Dr. Lustig that they would postpone further argu- ment on this matter until after the physi- * $10,000 purse offered the National Athletic Ciub and which was by Referee Wyatt Earp awarded 1o Thomas Sharkey last Wednesday night, allezing that Fitzsim- mons dehivered a foul blow in the boxing mateh then going on. The action is directed against the Anglo- Californian Rank,which 1ssued the certified check for $10,000, Thomas Sharkey, John Doe and Richard Roe. After alleging that boxing matches are allowed in San Francisco by virtue of an ordinance enacted by the Board of Super- visors and that the National Athletic Club had been granted a permit to hold exhibitions, the paper oeing signed by Mayor Sutro, and that the license required by law had been paid for conducting the contest on Wednesday evening, Fitzsim- sons goes direct to the point of thequarrel and charges corruption, collusion and fraud on the part of Sharkey, the Na tional Athleric Club and Wyatt BEarp, referge and final stakeholder in the fizht, their g‘nrpose being alleged to be to swindle itzsimmons out of the prize, no matter which way the tide of battie turned in the roped arena. itzsimmons recounts the circumstances of the making of the match, whereby it was agreed that the prize shouid be awarded to the contestant who displayed the greatest skill in training and boxing, and that he expected to have tiie matter decided on those lines. Iu this expecta- tion he declares that he was sorely disap- pointea, for he avers that a corrupt under- standing and conspiracy existed hetween wrangle is raging, reads as follows $10,000. Sax FRaxcsco, Dec. 2, 1896. i J. 0. Chesley has deposited in the Angio-: : Californian Bank(limited)ten thousand doliars, @ : payab.e to the order of J. G. Chesley on the : Teiurn of this certificate properly indorsed. . N. LILIENTHAL, Manager. J. B. EARLE, Teller. The Superior Court granted a temporary injunction yesterday afternoon restrain- ing the Anglo-California Bank from pay- ing over the $10,000 until the case is de- cided. 5 Colonel Kowalsky did not know last night when the case would come up, but said that the other side had ten days to It nasaround barrel and square | | was asked Chief Crowley yesterday after- | PLUNCED FROM 4 DY HEIGHT An Airship Lying Help- - 'less on the Twin Peaks. IT LANDED SUDDENLY IN A DITCH. Two Men Come to Grief in a Forty-Foot Mys- tery. IT IS RUN BY GAS AND ELEC- TRICITY. Speculation as to Where It Came From—The Owners Very Reticent. An airship built of galvanized sheet steel, forty feet long, caused much excite- | ment among the veople on the Mission hills last evening. They saw it sail over the | Twin Peaks and then getting out of order 1n some way it made a wild plunge into a gulch 200 yards south of the Corbett road, near what is known as Stanford Heights. Its two occupants were turned out of the cockpit in which they stood and | landed badly bruised in the bottom of the guleh. When seen late at night by two Cann reporters the huge metal affair presented | a pitiable appearance. | The propeller was twisted and bent; one elevating fan was ripped off and lay on the ground, while the other was badly twisted from the force of the shock: Alargehole in its side permitted the escape of a sickish smelling gas. The steering aparatus, rudder as it was called, which had been on the bow was also broken off. As stated, the machine was about forty feet long“and was of cylindrical shape, with both ends cone-shaped. Near by stood one of the bold, but un- Iucky aeronauts, J. D. de Gear of 538 Ful- ton street. He looked woefully at the wreck, and thanked'his lucky stars that he was still slive.’ The other man, the inventor, bad disappeared as soon as he found that no Dr. Gear positively refused to reveal the name ‘of the inventor. Dr. Gear upon being pressed told in sub- stance the following story of the airship and the accident: “I am a tin-rodfer and metal-worker, and the inventor who has the money isa well-educated man. Some time ago we decided to build an airship, and we built this one in the Mission. We put it to- gether up the hill back of here in a clump of trees. *“This was our first attempt to make a flight. The hydrogen gas used is made from muriatic acid, and the fans and pro- pellers are operated by electricity. “This evening the inventor and Istarted out from the hill up yonder to see how it would work, but after we got started we failed to rise over ten feet from the ground, as the metal of the fans was too thin for the work they had to do. “In a short time we saw we had trouble anead, for we lost control of it and away we went. “I can’t describe the sensation better than to say it was a feeling similar to that one has when he had a nightmare and dreams that he is falling. “You see we started high up the hill so our downward flight was very long, or so it seemed to us. But we were in for it and. did not have very long to wait. “*When we struck we struck hard in the soft ground, and the force of our flight carried us over and into the gulch, where we were thrown fo the botton of the ditch. “No, I will not tell who the inventor is nor where it was built. We are not dis- couraged, for we know we can fly when this is perfected. It needs strengthening.” *Is this one of the Ships seen over the City with electric lignts, ete. ?” was asked. *No, itis nat. We don't know any of the people connected with the airships the papers have mentioned. “This is a private enterprise. D—_ the Juck,” and he scraped a chunk of mud off his coat. P The first news of the unfortnnaf i was obtained from Emile H, L-pz:?:;g has a milk ranch on che Corbett road, about 200 yards from where the airshin lLes. In'hm words he said: 2 “I was about to go to bed when I heard ah—of a noise down the pasture. It S —