The San Francisco Call. Newspaper, December 15, 1896, Page 2

2 THE SAN FRANCISCO CALL, TUESDAY, DECEMBER 15, 1896 Sharkey’s room with Mr. Groom to ex- amine the fighter and to consuit with other physicians. There were present Drs. Anderson, Rottanzi, Ragan, Barret! and Pescia. They examined Sharkey and went into consultation. Dr. Lee was also present, but they did not take him into consultation. “Wby did you not take him into con- sultation with you?”” asked Mr. Kowalsky. General Barnes strenuously objected. Mr. Kowalsky said: *We offer to prove that this man Lee was a party to the frand and participated in a portion of this fraud: that he is not a reputable physician, that he is the character of a man who would be guilty of this sort of thing and that no reputable physician would have anything to do with him. We will prove that he is just exactly what I state him to be and notoriously so.’’ The question and offer were ruled out. The witness went on to tell what the doctors found. On examining Sharkey they found two punctures and some dis- coloration and evidences that leeches had been applied. The injury was but very slight and could have been produced by an injection of water or acidulatea fluid under the skin. If Sharkey had been in- jured in the manner claimed by him there would nave been an instantaneous swell- ing, causing the most agomizing pain. In his opinion the injury was not severe enough to incapacitate Sharkey or to com- pel him to take to hisbed. If the fighter had been injured in the way he claimed his condition would have been much worse the day after the fight than imme- diately after it. Further testimony was to the effect that Sharkey’s account of his injuries and the result of the physicians’ examination do not harmonize. Thedoc- tor did not think Sharkey was badly hurt. The immediate effect of such a blow would be to produce instant collapse, at- tended with violent pain, vomiting and other grave constitutional disturbances. There were no such indications in Shar- key’s case. Robert Fitzsimmons, whose square shoulders ana lanky form were empha- sized by the long black overcoat he wore, was he next witness. “Do you know Thomas Sharkey ?” asked Mr. Kowalsky. “I have seen him,” replied Fitzsim- mons. The answer provoked a laugh, and Shar- key added a grim smile as his contribu- tion to the general hilarity. “Did you in the eighth round, or in any round previous to that, strike Sharkey as he describes?"”’ *“No, sir.” The witness explained further that he and Sharkey had had an agreement not 10 strike each other in the clinches and to “break away fair”; but Sharkey did nov keep his agreement. In describing the knockout blows the Australian said: *I delivered two or three blows to Mr. Sharkey. Then I de- livered a left-hand punch on Mr, Shar- key’'s face. Then I feinted with my left, and he threw up both his arms, thinking that my left was coming in. Tuis left his whole body exposed, and immediately afterward I took the right-hand shift and delivered a biow in the pit of the stomach. He came forward with his hands pressed on his siomach, and while in that posi- tion I delivered an uppercut in the face with my left.” Fitzsimmong then described the manner in which be and Julian had objected to the selectiun of Wyatt Earp as referee. According to his statement, when Juiian objected to Wyatt Earp Groom and Gibbs came in and accused them of being “gickers,” and said that it was too late to kick; tbat Earp had been selected by the club and that there was no use in ‘'kick- ing” about it. Julian and Fitz repiied that it was of no use for them to talk like that: that there would be no fight unless they changed the referee. They added that they had heard of Wyatt Earp, and they knew what kind of a man he was, and he could not referee for them. Groom and Gibbs walked out of the room and returned shortly and announced that they could not obtain another referee. They went on to say that it was of no use to make a kick at the last moment. Julian went out on the platform and pub- licly objected to the releree, stating that he had heard that Earp was not a respon- sible referee, that Earp was “‘crooked” and that there was a iot on foot to ‘‘do” Fiiz- simmons out of the purse. No notice was taken of Julian’s protest. Earp was on the platform at the time this protest was made, and said something about his hon- esty, but the witness did not remember what he said. Julian suggested Young Mitchell, Colonel Aadrews, Lem Fulda and Hiram Cook. Fitzsimmons refused to put on the gloves and made a speech to the specta- tors, in which he said he had given in to everything in the contest with reierence to the gloves, etc., and that as they had called upon him to fight be wonld waive his objections and go on with the referee, but he insisted that Sharkey should take the bandages off his hands. “I took every precaution to avoid a foul,”” added the witness. _*“I fought very carefully ard very fair. and I waited until I could geta good opportunity to deliver a knockout blow so that every one could see that it was done fair and honestly. “Knowing that I had a crocked referee I had to take precautions. I iouzht Shar- key at long distance and didn’t get in too close to him, because if I got mixing up things with him at short rangein body blows the audience would not be able to see the blows and some one might claim a foul. Itwould have been impossible for me to make a mistake and hit a foul blow. Such a thing never happened in all my life. A man struck in that way would go down on his knees and roll around and holler. I have done it myself when I was hit, as he claims he was, with a cricket ball. dia.”” Martin Julian, manager for Fitzsim- mons, was the next witness and told about how he had suggesied the names of Hiram Cook and others to Lynch in Groom's hat- store. Lynch said that he wanted “Julian distinctly to understand that Sharkey was not going to get the worst of it at this meeting, and that he, Lynch, would not select a referee until just before the fight. The witness mentioned the names of Hiram Cook, Billy Joraan and others as suitable material for a referee, but Danny Needham said that they were old dubs and he had no use for them. Lynch said that he would not agree upon any referee that Julian would #iame; that Julian should let the club determine the matter. On a later occasion Groom told Julian that the ciub had a man for referee who was fearless and who could not be phazed and whatever he would say would go. Julian told Groom that he didn’t know anything about Earp, but that_he would make no objection so long as Earp was a fair man. Riley Grannan and Mose Gunst warned the witness not to accept Earp under any circumstances. Grannan detailed how for four or five days he had been around the racetrack and the poolrooms trying to place money on Fitzsimmons at any rea- sonable odds, but that the Sharkey men wanted enormous odds and he could not place his money. On the morning of the day on which he had called on Julian he saw Joe Harvey in very confidential talk with Wyatt Earp. As Harvey was leaving, he asked Ear “It’s all right now, is it?” and he l}enrd Earp reply: “You can rely on me.”” On that same afternoon Grannan saw several men who would not bet on anything un- less it was a safe thing, betting thousands of dollars on S arkey at the racetrack. Grannan told Julian further that he had received sufficient information from peo- ple closely connected with the matter to convince him thata job had been put up against Fitzsimmons; that no matter what way the fight went Fitzsimmons was doomed to lose. Mose Gunst came in while Grannan was telling Julian those things, and Gunst asked: “How in the name of heaven did you ever agree to have a man of the stand- ing and reputation that Earp has as r feree?”” Granpan afterward informed both Julian and Fitzsimmons that he had positive proof that the decision would be given to Sharkey. 5 On the night of the fizht Julian called Earp to one side, and in presence of Billy Jordan told Earp that he had no inten- tion of hurting Earp’s feelings in any- thing he might say, but that it was a matter of business with Julian. “I told Earp what [ had heard about him,” continued Julian; “that I knew that he was crooked and that he was fixed for Sharkey, and that the best thing that he could do would be to step out and allow the club to select another referee. I told him if he got into that ring I would stand up before the audience and tell what T knew about him. He answered that he baid been selected by th» club and he was going to stay, and he walked away laughing.” Julian told how he and Fitzsimmons had protested against Earp; how he told Earp that if he went on the stage he (Julian) would 1nsult him, and how he and his principal finally decided to go on with the ficht because the spectators were howling and it wouid be said in the morn- ing that Fitz was afraid to meet Sharkey, He warned Fitz to fisht at long range and to be very careful not to give the least opering to any one to claim a foul against him. The witness swore that Earp, when separating the fighters in the clinch, sev- eral times stuck his fingers into Fitzsim- mons’ eyes, and on one occasion came be- hind him and placed his hands over Fitz- simmons’ eyes, preventing him from see- ing Sharkey in the break-aways. Earp aliowed Sharkey to strike Fitz- simmons repeatedly when the men were breaking away after a clinch, although Julian repeatedly cailed his attention to those fouls. Groom frequently cried, “Foul! Foull” but Gibbs angrily re- quested him to close his mouth, that it was not any of Groom'’s business. fter the fight Groom was indignant, He said that he was a business maun, and that it wouid be the last time that he would get mixed up witi a lot of thieves, and that his wife was crazy over the affair. Daniel Hickey, one of Fitzsimmons’ sec- onds, was called to the stand and corrob- orated the testimony as to the manner in which Sharkey had been knocked out. At the opening of the afternoon session Mr. Kowalsky called W. W. Naughton, sporting_editor of the Examiner, to the stand. Mr, Barnes remarked that he un- derstood that only those witnesses about to leave the Btate were to be examined, and that he would not object if the other side would allow him to do the same. Mr. Ackerman of counsel for Fitzsim- mons remarked that he understood that the whole case was to be presented to the court. Judge Sanderson remarked that the case was not on trial, that he was sit- ting simply to take depositions. He was willing to consume the rest of the aiter- noon in taking depositions, but he could not afford to devote further time to hear- ing them. Mr. Naughton said that he was watch- ing the fight and was calling off the blows and movements of the contestants toa shorthand reporter wio sat at his side. He had his eyes on the men_all the time while they were boxing, and be did mnot observe Filzsimmons strike Sharkey be- low the belt. Mr. Barnesobjected to the question as to whether the witness saw Saarkey foul Fitzsimmons. Mr. Ackerman contended that he de- sired to show Earp’s unfairness and bias in favor of S8harkey. He wanted to prove that Sharkey had frequently fouled Fitz- Ididn’t fall backward as Sharkey simmons and that Earp refused to notice the foul. Mr. Kowalsky followed, but the court ruled the question out. Mr. Nanghton described the knockout blows. The blow about the center of the body was given with Fitzsimmony’ rig ¢ fist and landed on Sharkey’s left side, about the short ribs or the stomach. Then be struck Sharkey an uppercut blow with the left on the chin and Sharkey sank down to the floor. The blow was not hard enough to have knocked bim down. _Fitz- simmons did not strike a foul blow during the fight, so far as the witness observed. Mr. Barnes did not cross-examine Mr. Naughton. The next witnees was Dennis J. Lynch of New Hampshire, who for the past eight or nine months has acted as manager for Sharkey. £ Mr. Barnes inguired into the witness’ interviews with hirnm Cook and Martin Julian, and the witness denied that Julian had ever named any persons other than Hiram Cook and W. W. Naughton. Mr. Nauchton, who was present at the time, declined to_ act as referee and gave his reasous for declining. Lynch denied that he had ever spoken to Earp about the fight or that he had recommended Ea: to the elub. The smallest bet he ever h: on a tight was on this fight, and he never had any connection with Groom or Gibbs or the National Athletic Club in any way. He never knew of Sharkey ever having been connected with the club in any man- ner. The bulk of Mr. Lynch’s testimony con- gisted of a denial of almost everything that had been sworn against him by the witnesses on the Fitzsimmons side. He explained why he barred Dr. Lustig and others from the dres-ing-rogm by saying that there were twelve or ffiteen persons in the room. The room was small and the burning gas made theair of the room hot and uncomfortable, and he refused to allow in any more persons, . The witness_denied his acquaintance- ship with Dr. Lee. He told Mr. Dowdell to bring some good physician to Sharkey’s room and Dr. Ragan came there and re- mained with Sharkey until near morning. Lynch alsodenied that anything had been said by him or Cook about what kind of a decision Cook would give if bhe wera refereeing a fight between Cook’s brother and a Chinaman. This denial was made in face of the fact that Mr. Cook pub- lished a card in the Examinera few days ago stating that he had told Lynch that if his (Cook’s) brother and a Chinaman were engaged in a boxing contest he (Cock) would give the decision in favor of the Chinaman if the Chinaman showed the most points. On the cross-examination by Mr. Kowalsky, Lynch denied that he received any salary or compensation whatever for acting as Bharkey’s manager. “What interest had you then in acting s manager ' asked Mr. Kowalsky. ‘The privilege of betting on bLim,” was tha reply. § “Would you not have that privilege without being his manager?” wasasked. “‘Well; I would have more privileges as his manager,” replied Lynch. “0Oh,’” remarked Kowalsky, *‘you could get inside information '’ It appeared on further questioning that Lynch was a horseracerand ran his horses over the same tracks as Earpdid, and that previous to the fight he had never spoken ten words to Earp at one time on any sub- ject. Had never taken a drink with Earp and bad never been introduced to him., The witness pointed to & young man named Feld, who was in court chewing ‘Zum, as having been present in the dress- ing-room with Sharkey after the fight. There were also present Cooper of the Ghronicle, Smith, Ailen, Needham, Hager, the witness and Bharkey. When it was announced that Dr. Lustig, the physician for the National Athletic Ciub, was outside and wanted to get into the dressing-room to examine Sharkey, Lynch refused to admit him, because he (Lynch) was incensed at the action of the club, the ciub’s officers having refused to place the money in the hands of the referee until the fighters had shaken hands at the beginning of the first round. He had previous to that sent Mr. Dowdell after a physician, although the witness did not know the nature of the injury al- leged to have been received by Sharkey. * This very thin excuse for barring out physicians provoked a smile of incredulity among the audience. The witness could not say who the per- son was that had brought Dr. Lee to the room. The witness ordered every one cut at the suggestion of Sharkey. He bad never seen Dr. Lee before and didn’t know that Lee was a physician. He thought at first that Lee had been sent there by Dowdell, but when Dr. Ragan arrived he learned otherwise. Lynch weat out of the bedroom into the parlor and could not see what Dr. Lee did to Sharkey, but he heard Sharkey yell with pain. Hedid not see a hypodermic sy- ringe or bottle of iodine in the room. When Dr. Ragan came Dr. Les was work- ing on Sharkey’s eye and ear. Lynch did not accept Hiram Cook as referee because Sharkey did not want Cook. The reason Sharkey had was that a score of people who had” bet money on Fitzsimmons and who had visited him at his training quarters had urged Lynch to choose Cook. Besides that, Mose Gunst had recommended Cook very highly. Mr. Julian had said that he had never met Cook, and Lynch discovered that before Julian made that statement he (Julian) bad visiied Cook and had a talk with him, 8o he and Sharkey thought that they had no-use for Hiram Cook. The witness denied that he had said to Mr. Benjamin, a Chronicle reporter, on the day before the fizht that he and Sharkey would not agree upon a referee and that the club would select the referee. After Mr. Lynch bad denied almost everything but the fact of his own exist~ = \ SPORTING EDITOR NAUGHTON of the “Examiner” Sweating That He Saw the Blow and That It Was Not 2 Foul One. MANAGER LYNCH Relating Why He Refused to Admit Dr. Lustig to the Dressing-Room to Examine W. ence he was let go for the resent the h of adjournment having 'r,flnd." e Mr. Barnes announced that he proposed to put on Sharkey and one or two other witnesses to-day, and in the course of some remarks said something which caused Mr. Kowalsky to retort that Mr. Barnes was going back on his agreement not to resort to technicalities; that he was claiming a foul when he w: gt_filinn the worst o’ it, and that he had buried the hatchet with the handle sticking toward himself. After the court had taken an adjourn- ment until 10 o'clock this morning Shar- key in passing Fitzsimmons on his way out glared at him savagely and defiantly, as gugllllu are supposed in honor bound to do. There was a sneer on his lip which delighted the crowd. Fitzsimmonsreplied with the glassy eye and a high-born smile of contempt. 4 The taking of the depositions wiil be re- sumed at 10 o’clock this morning. BEGINNING TO SQUEAL. Lawrence Is Trying to Intimidate Those Who Can Testify to His Crooked Work. Andrew M. Lawrence, “Long Green,” is squealing like a pig under a fence. He knows that Attorney Kowalsky and Mar- tiu Julian have gathered positive evidence that he is the arch conspirator who influ~ enced J. D. Gibbs of the National Athletic Club to put in Wyatt Earp as referee in the fight. ‘Lhe evidence to that effect is conclusive and on the eve of being presented before the court, and “Long Green’’ Lawrence is fremmi under the dread of exposure. There is nothing he will not do to avoid the expose. He is resorung to all sorts of measures to avoid being shown up in the disgracefal position in which he has placed himself. - He and his emissaries were about Sun- day and yesterday cajoling and even threatening people calculated to be called ngon as witnesses in the investigation. The attorneys on the Fitzsimmons side got their share of the honey and vinegar, but they have stood firmly to their client to date and, as one of them informed a CALL reporter, *not for a million dollars would I withhold any testimony that can benefit my client, even if it makes tha ‘Monarch's’ throne totter and fall all over *Long Green’ Lawrence. “The disgraceful attitude he has as- sumed in this affair and the nefarious use he has made of his position as managing editor of the Examiner to further his own ends will come out.” DOPED, WITH EARP AS THE REFEREE How George A. Morrison Lost a Prize-Fight in Ogden. Gold Brick Swindlers Got “Long Green's” Bodyguard to Judge the Fight. Colonel Hopkins Tells How the Fake Bad Man Was a Famous Coward in Arizona. Many interesting facts about desperado Wyatt Earp, “Long Green” Andy Law- rence’s referee in the Fitzsimmons-Shar- key fight, are now coming to light. George A. Morrison, an ex-prize-tizhter, now owner of the Menlo Saloon, 200 Eighth street, contributes some important facts concerning Earp’s record in a previous prize-fight. +It was on September 1, 1891," said Mr. Morrison yesterday, “‘that I had a prize- fight with Jim Williams at the Ogden Opera-house, Ogden, Utah. The bunko~ steerers, sure-thing men and gold-brick swindlers worked- Earp off on me as ref- eree. Theresult was Iwasdrugged, jobbed and lost the fight. My backer, the well- known Harry P. Hyads, lost $8000 on the job.” Mr. Morrison’s story is very interesting. As he never saw Earp before the fight, he bears no malice and the recital of the facts speaks for ilself. *‘Oar fight was before the Ogden Athletic Club, of which Henry Perry was presi- dent,”” said Morrison to a CALL reporter yesterday, “‘and Perry is a wealthy young man of high standing. “All had agreed upon Tom Painter of Evanston, Wyo., for referee. Kelly, Wil- liams’ backer, agreed to the same thing. Everybody thought the fight was on the square until it was started. Well, just as the show was about to begin John Russell, a well-known sure-thing man and gold- brick operator, together with one George Lewis, made a kick, and finally they sug- gested Earp as referee. To this my trainer, George La Blanche, agreed, al- though few of us knew Earp. My friends and myself felt so sure of my victory that nobody seemed to care who was referee. “L was in fine condition when I came from my training quarters. I ate at the Reed Hotel that evening, a few hours be- fore the fight. Shortly after eating I got ill, and by the time I was well into the fight I could not sea well. I would hit at my man when he was ten feet away, imagining him to be right before me, I could not deliver a good blow to save my lie, and I was simply knocked out. Dr, Corey of Ogden formerly of Cheyenne, examined me and he stated that I was suffering from a large dose of belladonna. "I do not know who gave it to me, but I know that abana of crooks and sure-thing men were crazy to have Earp as referee. I know that one of those men, George Lewis, a desperate sure-thing man, was shot and killed soon after by a sheepherder whom he had robbed of $17,000, and I know some others who were closely -connected with him skipped from the country soon after the fi ht, Iielt sure that I had been drugged soon after I stepped into the ring, for I tripped and fell, my eyes were almost useless and my head was heavy. Ialso know that Wyatt Earp was referee, and that he just suited the desperate gang of thugs and highbinders that infested the country.” Charles H. Hopkins, a veteran news- paper man of 8t. Louis, knew Wyatt Earp and his family well in 1880. CUolunel Hop- kins was at that time a mining reporter for the Tombstone Epitaph. Bpeeking of the Earps Colonel Hopkins lately said to a Re- public Teporter: “There were five of the Earns—Virgil, Wyatt, Warren, Julian; and Jessie, their sister. % “All the boys were excellent types of frontier bad men. All this talk about ‘Wyatt Earp being-a brave man and on the square makes me tired. He was brave enough in a certain way, but there is good reason to doubt it he ever possessed that kind of bravery that will make a man dash into a burning building to save a woman's life. As to being on the square—well, he ‘wis s square as a circle. The Earps were the leaders of a gang of gentlemen that operated in Cochise County, and an oppo- sition gang wasled by John Behan. Wyatt Earp was City Marshal of Tombstone and Behan was Bheriff of Cochise County. Both men hated each other. 2 ‘Doc’ Holliday, who has grown famous as the Wells-Fargo shotgun messenger, was a member of the Earp crowd. Every- body has read about how Holliday stopped Yy z - SN NN || GEORGE MORRISON of This City, Who Was Doped in a Prize-Fight in Ogden in 189, Wyatt Earp Referee. stage-robbing in Arizona. Well, he did stop it to a certain extent—that is to say, nobody could rob a stage who was Holli~ day’s enemy. The Earps stood in with Holliday and hie crowd of Wells-Fargo messengers, and every, time we would hear of a stage that carried a lot of money or bullion being held up Wyatt Earp would collect & posse of his gang and startout to run the robbers down. 1f they could manage to catch any of the ‘rustlers’ of the opposition ecrowd they would hang them without ceremony, come back to town and explain how they tracked the road agents down. *“Many incidents led a good many people to think that Earp was not so game as he might be; so one night a job was put up to test him. Just about dusk a crowd of men got on the flat roof of an adobe building, commenced firing at a great rate, and threw a dummy figure of a man over into the street. Earp was a; the town pump, about 100 feet away, and saw it all. It looked like a case of real trouble, requiring the interference of the Marshal, put Earp disappeared and was not seen around his usual haunts until things bad quieted down. After this Earp’s nerve shrank in the estimation of the inhabitants of Cochise County, and the suspicion that the gang was impli- cated in most of the stage robberies led to & decision that the town could get along without them. “Barly in 1883 Jake Schieffelin, the man who founded and named Tombstone, deter- mined to run the Harps out of the country. He secured the co-operation of the best citizens of the town and country, includ- ing Charles Reppy, editor of the Epitaph; Jim Sorin, a big mine-owner, and Jim Clum, the Postmaster. **A posse was organized under the lead- ership of Sheriff Behan. I went along to write up the funeral. At that time the Earps and their crowd were camped about three-quarters of a mile from Tomb- stone. The intention of the Bheriff's posse was to surround the camp and fill the Earps and their followers with lead. Somehow the Earps got wind of the de- sign about an hour before the posse started for their camp. When the posse arrived the birds had flown. They started for Benson, the nearest railroad point, and made the distance of twenty-six miles in an hour and a half. At Benson they were concealed by Biz Ed Burns, who had been formerly City Marshal of Leadville and who was afterward hanged in California, until a train came along. They made their escape and never showed up in that part of the country again. War- ren Earp had been killed by a rustler before this enforced emigration, After- ward Julian Earp was killed in Colorado by Ike Clanton, chief of the rustlers. Clanton had miarried Jessie Earp, but this only added fire to the bitter feud. Clanton was kilied two years later by Wyatt Earp. This was the last appearance of the Earps in the Middle West. The.two survivors, ‘Wyatt and Virgil, emigrated to the coast, where they have been ever since.” EARP REFEREE A “GENT” WITH A WRONG. [WEsT in the New York Journal] ‘What! Me a crook! Me «“fixed?” Why, where’s the impudent young purp ‘Who dares to cast aspersions on the name of Wyatt Earp? Where is the hound who's bold enough to say such things of me, And even make a little fuss about my honesty? For years I've roamed the Western land aroand with wicked men. And never done a thing except to shoot one now and then. - Perhaps I have held stages up, but T don’t call that bad. To call an honest man like me a crook, I deem it sad. ‘What though in dealing faro I have used some lithle tricks? That's only in the game, you know. conscience always sticgs At anything that’s crooked, So I'd like tosee the purp Who dares to cast aspersions on the fame of Wyatt Earp! My NEW TO-DAY. 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