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VOLUME LXXXI.-NO. 4.
FITZ GETS AN INJUNCTION.
The Courts Will Decide the
Ownership of the
WYATT EARP ARRESTED
ifhe 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 — Lyneh's
Tbe lovers of fistic sport who sat about
the ring at Mechanics' Pavilion Wednes
day night and saw Bob Fitzsimmons put
Tom Sharkey to sleep do not and will
never believe that the Cornish man fouled
the sailor, and moreover, the majority of
them are outspoken in their belief that
Bob was robbed.
Toe fight and its sudden and unsatisfac
tory termination were the talk of the town
yesterday and the peculiar train of events
That led up to the fight and what followed
it rrmr» t*an» over on. »vary street corner
and in every cafe.
The sports recalled the declaration of
Marvin Julian that the referee was fixed
Tom Williams Said There Was
'" No Foul.
'• for Sharkey, 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.
Then they told each other how foul
Eharkey 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 drawfc from that.
An incident that caused a great deal of
talk was the refusal of the trainers and
backers of Sharkey to allow the doctors to
•cc the sailor. W hen Sharkey was carried
out of the rine beseemed in a complete
state of collapse and totally unable to
walk. This, ring-goers think, was the
time for a physician to be called. Yet,
when Dr. Lustig, Dr. O'Brien, Dr. Kot
tanzi and others offered to attend him
they were shut out of his dressing-room
and r.o physician saw him until a man
named Lee, an irregular practitioner, with
whom the police are well acquainted, was
called and with no one but Snarkey's peo
ple present at the examination pronounced
him seriously injured.
His statement is heavily discounted in
view of the subsequent reports of 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
had expired that it was hard to tell when
«» how the hurts were received.
Gibb and Groom, managers of
i^K. National Club, are coming in for no
•Aall amount of unfavorable comment for
not 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 Arizona.
An easy and honorable solution of the
matter would have been to withdraw Earp, ,
The San Francisco Call.
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.
The Managrer Tells Why Wyatt
Earp Was Selected as Referee.
Manager Gibbs oi the National Clnb
"tated to a rapreser. tc-ivtf of Tffr
how he happened to select Earp to decide
a question involving the payment of
"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
p assed and tbev were far away from the
decision we began to ca3t about for a man.
Stepping 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
pose 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 bad failed
to agree upon a referee and the club must
act. Groom and I hunted up Mr. Earp
and informed him that we bad selected
him. "We three sat in a small curtained
apartment in the Baldwin Hotel. Earp
thought over the matter for a few oainutes
and said that if it were agreeable to all
parties concerned he would do his best to
render a fair decision.
"Then we notified Julian and Need ham
and both gentlemen expressed themselves
as perfectly satisfied. We congratulated
ourselves that all these preliminaries had
been settled, but when we got to the ring
last night Julian inlormed us that he ob
jected to the referee. He said he nad been
told that Earp was goin^ to decide in
favor of Sharkey.
s "1 then brought Needdam and Julian
together and said: 'Gentlemen. I haven't
a word more to say in this matter; settle
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
so that the contest can begin.'
"After considerable discussion Fitzsim
mons called off the debate and Earp was
permitted to act as referee. I watched his
work and saw that he acted with fairness
and promptness. He stood cose to the
two men and would quick y break them
apart when they clinched. My instructions
to him were to overlook any little unim
portant fouls on thp part of either man
as it was not the wish of the club to stop
the contest on a mere technicality. Mr.
Earp said he would not interfere unless
absolutely obliged to. "
"Do you consider Earp's decision a fair
one?" was asked Manager Gibbs.
"I cannot say whether it was or not, as
I did not see the blow, which he declared
a foul, struck. At that instant 1 was
looking up at the gallery, where the great
crowd was pressing dangerously against
the railing and I was fearful that it would
give away and a dreadful accident occur.
When I looked again toward the ring
Sharkey was lying on the floor.
"I feel keenly this rumor of crooked
refereeine and am more than anxious that
the question may be investigated fully.
The club did aii 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 brouent about. Both
Sharkey and Fitzsimmons are particular
friends of mine, and personally I did not
SAN FRANCISCO, FRIDAY MORNING, DECEMBER 4, 1896.
THE DOCTORS GATHERED AROUND PUGILIST SHARKEY'S BED.
have a particle of prefarence for one over
the c t her. I did not wager a cent and 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
an entertainment for their price of admis
Doctors Report Sharkey's Injuries
to Be Not Severe.
Manager Groom was seen yesterday
afternoon leaving the Chronicle office with
a sack which contained in gold and cur
rency $5000, the amount of money the
"This is how he did it/* said
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, oy all means," he said. "I want
reputable physicians to examine Sharkey
to-day in order that their testimony may
clear the club of any cloud of suspicion
that may be hanging over it in reference
to this unfortunate affair. There will be
a meeting for that purpose at 4 p. m. this
evening at the Windsor Hotel/
ABked if the ciub would have any objec
tlon to The Call being represented by a
physician at the examination, Mr. Groom
replied that he would be only too pleased
if all the papers were represented by
It was 4:30 p. m. when the following
physicians met at the Windsor Hotel
solely for the purpose of ascertaining the
extent of Sharkey's injuries and if they
were caused by a blow: Drs. Joseph
Pescia, J. S. Barrett. D. F. Ragan, T. A.
Rottanzi, Charles Shilling, Winslow An
derson and D. D. Luatig.
Doctor Ragau was the attending physi
cian in behalf of Dan Lynch, who is'Shar
key's manager. He was first to examine
the fighter and turninz 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 v. as not as bad as reports stated,
and so informed Dr. Ragan.
"Yes," said Dr. Ra^an, ''that may be:
but if you look into his eyes you will
notice that they are affected by the in
•'Oh, nonsense!" was the quiet rejoin
der of Dr. Lustig. "What on earth have
the eyes to do with this case?" The physi
cians then had a happy exenange 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
cians in attendance had had an opportu
nity to fojrm an opinion.
In connection with the examination of
Sharkey there was an episode of unusual
intere-t. The physicians having retired
for consultation and having returned with
a brief, non-committal report replete with
technical words, each medico affixed his
signature to it. As the last one was about
to sign the document be observed the name
of one Lee attached to it He inquired as
to who the gentleman was, ana no one
It happened that Lee was the man who
attended Sharkey immediately after the
alleged injury was received, to the exclu
sion of everybody else.
As he is not a physician regularly regis
tered and in standing the six physicians
withdrew their signatures and signed an
other report, upon which Lee's name does
Stripped of its modical verbiage this re
port shows that Bharkey's injuries are not
severe and bears out the statement made
by Dr. Lustig in another portion of this
issue that Sharkey's hurts were not seri
ous and not sufficient to incapacitate him
from continuing the fight.
DR. LUSTIG TALKS.
The Club's Physician Was Refused
Admission to Sharkey's
Dr. D. D. Lustig, the physician regularly
attached to the National Athletic Club,
was >ne of the very first men to go to Shar
key's relief when it waa announced that
he was injured. With him were Drs.
Rethers, O'Brien and Roltanzi. They
applied for admission into Sharkey's quar
ters and they received a point blank re
"This refusal I consider as inexcus
able," asserted Dr. Lustig yesterday after
noon, subsequent to the regular examina
tion conducted by the corps of physicians.
"If Sharkey were injured in the way as
was .claimed he was in need of immediate
"Our examination to-day, sixteen hours
after the injury is supposed to have been
suffered, is ratb.ur 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 old
cannot be determined.
"I do 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 was in
Stripped of its medical verbiage, the re
port of the doctors was that Sharkey was
not hurt so badly as to incapacitate him
Fltz Brings Suit to Recover the
Purse for the Ble Fight.
Robert Fitzsimmons, the Cornish prize
fighter, yesterday began a suit in the Su
perior Court to obtain possession of the
slo,ooo purse offered the National Athletic
Ciub and which was by Referee Wyatt
Earp awarded to Thomas Sharkey last
Wednesday night, alleging that Fitzsirn
mons delivered a foul blow in the boxing
match then going on.
The action is directed against the Anglo-
Californian Bank.which issued thecertified
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 oeinc 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 the quarrel
and charges corruption, collusion and
fraud on the part of Sharkey, the Na tional
Athletic Club and Wyatt Earp, referee
and final stakeholder in the fijiht, their
purpose being alleced to be to swindle
Fitzßimmori3 out of the prize, no .matter
which way the tide of battie turned in the
Fitzsimmons recounts the circumstances
of the making of the match, whereby it
was agreed that the prize should be
awarded to the contestant who displayed
the greatest skill in training and boxing,
and that he expected to have the matter
decided on those lines. Id this expecta
tion he declares that he was sorely disap
pointed, for he avers that a corrupt under
standing and conspiracy existed betwee
the National Athletic Club, Siarkey and
Earp, whereby SfJarkey was to receive the
money under any and all circumstances.
To confirm this position Fitzsimmons
alleges that tbe parties 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 tbe privilege of
choosing ths referee at the ringside, The
choice of E.irp, Fitzsimmons says, was in
conformity with the conspiracy, and that
his decision awarding the' money to
Sharkey was its consummation.
Touching the outcome and actual re
sult of the fight, the plaintiff avers "that
he discomfited the said defendant Shar
key so that said defendant was unable to
furiber proceed with said boxing and
"It's a fraud," said Mose Gunst.
sparrine exhibition," which is the polite
way chosen by Fiizsimmons for saying
that he knocked out Sharkey.
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 nira and his iawvers forthwith.
The certified check, over which the
wrangle is raging, reads as follqws:
• $10,000. San Francisco, Dec. 2, 1896. :
; J. >k Chesley has uepoiltfd in the Anglo- :
: Californlanßank(limited)ten thousand dollars, :
; payab eto the order of J. G. Chesley on ihe :
• re-urn' of this certificate properly indorsed. ;
P. N\ LJLIKJSTHAL,, Manager. ;
; J. B. Eaki.k, Teller.
The Superior Court granted a temporary
injunction yesterday afternoon restrain
ing ihe Anglo-California Bank from pay
ing over the $10,000 until the case is de
Colonel Kowalßky did not know last
night when the case would come up, but
said that the other side had ten days to
answer and that the matter would be
heard within a few days.
The Referee Charged With Carry-
Ing a Concealed Weapon.
Captain Wittman, in handing tbe
revolver to Chief Crowley yesterday morn
ing, did so in the hope that Earp would
call for it before noon, when he would be
As he failed to show up the Captain de
tailed four of his men to search for him,
while be personally spent tbe afternoon
doing the same thin?, but without success.
Policeman Frank W. Riley was detailed
to watch the Pud restaurant on Stockton
street, near O'Farrell, where Earp takes
his meals. Between 6 and 7 o'clock last
yening Earp entered tne restaurant and
Riley went 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 station the cap
tain asked him where he had been, as he
had been looking for him all day.
"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 get 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- wbat is known as the
''frontier Colt's," 45-caliber, single action,
about twelve inches long, with eight-inch
barrel. It nas a round barrel and square
Why the Referee Was Not Put
Under Arrest at the Pavllon.
•'Why was Wyatt Earp not arrested last
night for carrying a concealed weapon?"
was asked Chief Crowley yesterday after
"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
"He banded the revolver to Captain
Wittman when asked to do so, and it is
my belief that no judge nor jury would
convict him in the circumstances.
U I have the revolver in my possession,
but Mr. Earp has not called for it. I don't
exactly know what I will do when he calls
for it. I would hate to have . to be com
pelled to return it to him."
"Has Earp a permit to carry a re
"I don'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 examination of the records failed to
show that Earp has a permit, at least his
name was not on the register.
EARP AND LYNCH.
Associates In the Running: of Horses
at the Racetrack.
Martin Julian, at the Baldwin Hotel,
reiterated the statements he has made
and which were published yesterday morn
'jjifeot that hi» brother-in-law,
Robert Ifsusimmons, was robbed of the
"We will not give up without a fight."
he asserted, "and our attorney has en
joined the money from being paid over to
SharEey. 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 Snarfcey
money was to be found, indicated there
was something wrong.
"I have ascertained that Wyatt Earp,
the referee, is closely allied to Dan Lyncn,
the representative and backer of Sharkey,
in their racehorse business. That being
the case, it would have been a right and
proper thing for Earn to have refused to
officiate as referee even if I had not ob*
jected to him as I aid publicly before the
DR. LEE'S CAREER.
An Illegal Practitioner and Ar
rested for Negotiating Stolen
B. 6. Lee, the man who was called in
to attend Sharkey after he got his knock
out blow, is, according to the police, an
■ Lee is the man who was arrested about
the beginning of this year on suspicion of
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,
R. L. Loughridge was some hours later
arrested as one of t!ie 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.
\pi^FIYE •;,■'; CENTS.;
PLUNGED FROM A
An Airship Lying Help
less on the Twin
IT LANDED SUDDENLY
IN A DITCH.
Two Men Come to Grief in
a Forty- Foot Mys
IT IS BUN BY GAS AND ELEC-
Speculation as to Where It Cams
From— The Owners Very
An airship built of galvanized sheet
steel, forty feet lone, caused much excite
ment among the -people on the Mission
hills last evening. They saw it sail over the
Twin Peaks and then getting out of order
in some way it made a wild plunge into a
pulch 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
When seen late at night by two Call
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.
A large hole 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
As stated, the machine was about forty
feet lone 'and was of cylindrical shape,
with both ends cone-shaped.
Near by stood one of the bold, but un
lucky aeronauts, J. D. de Gear of 538 Ful
He looked woefully at the wreck, and
thanked his lucky stars that he was still
alive. The other man, the inventor, had
disappeared as soon as he found that no
Dr. Gear positively refused to reveal the
name 'of the inventoj.
Dr. Gear upon being pressed told in sub
stance the following story of the airship
and the accident :
"I am a tin-roofer and metal-worker,
and the inventor who has the money is a
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
"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 I started
out from the hill up yonder to see bow 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 haa trouble
abead, for we lost control of it and away
"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 to the button of the
"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 %hips seen over the
City with electric lignts, etc.?" was asked.
"No, it is not. We don't know any of
the people connected with the airships
the papers have mentioned.
"This is a private enterprise. D the
luck," and he scraped a chunk of mud off
The first news of the unfortunate airship
was obtained from Emile H. Laplace who
has a milk ranch on ifae Corbett road
about -200 yards from where the airshio
1 c«. In h s words he said:
"I was about to go to bed when I heard
ah— of a noise down the pasture. It