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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, December 16, 1896, Image 1

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VOLUME LXXXIte-^O.yiG.
OPEN WAR
ON SPAIN
That Is What Morgan
Favors in Order to
Free Cuba.
PREY OF COMMISSIONED
GUERRILLAS.
It Is Time, D.c.ares the Ala
bama Senator, for Uncle
Sam to Step the Pillage.
(CONGRESS SHOULD OVERRULE
> THE PRESIDENT.
This Government Must Extend a
Hand to Those in the Grip of
Robbers and Cutthroats-
' WASHINGTON, D. C, Dec. 15.— Morgan
. of Alabama occupied more than an
•_;,. hour in the Senate to-aay in presenting
■ arguments to show why the United States
;■ .should at once intervene to put an end to
tl^e war in CuDa. The speech attracted
• very little attention either on the floor or
•in t ha galieri*?.
. The resolution offered yesterday by
. Slorgan requesting the President to
■••.furnish copies of papers relating to the
condition of affairs in Cuba as to the Com
petitor case, was taken up and Morgan
: adiicessed the Senate on the subject.
The people and fie property of the
. -island were, he declared, the prey of com
; missioned guerrillas «bo had become
..robbers, cutthroats, assassins, ravishers
alid pirates, and an end had to be put to
th : atsaturnalia of blood and fire.
• •• In. commenting upon the President's
message, Morgan said that it -was a
.. marked feature in it that the President
assumed that the issue between Cuba and
Spam was either independence or exter
tnination. The President iad warned
Spain that the time Jor decisive action
was near at hand and that if he should
..how say that the time had arrived the
American people would sustain him.
American citizens of Cuba had rights un
der the Jaw of nations which the courts of
■:'; the United States and of all neutral conn
tries would protect and enforce -even in
'* I ' despite of opposition' from the President,
,-°.';f lie" should oppose them. The Unitsd
y Slates Government, would be in the most
•y* humiliating state of "innocuous desue
; 7 tuae" if it extended no Helping hand to
• ..; the sufferers in Cuba and if it refused to
forbid further devastation and death
"which a cruel government was now inflict
" ing. ...
After quoting some paragraphs from the
-.* President's message Morgan asserted that
| '• Congress had never been presented with a
.stronger or more moving statement of
."'•facts than had been thus solemnly laid
: bo-fore the political and war-making de
. partments of the Government.
• " • • Speaking of the President's Annual mes
. '••• sage on the subject of Cuba, Morgan said
'.•""•"•it was or the most impressive importance
/'■ as a statement of the leading facts, and
that he had not beard that Spain contro
verted any of the President's state
• " ments. He condemned 'the cruel and
:" 'inhuman butchery" practiced by the
,-. Spaniards, and said that if the United
""• States wanted to stop a war of annihil
ation and extermination it was time to do
• " :. . .'p. Congress, he said, should not hesitate
."*■'" to declare (for .the reasons stated in the
. * President's message) that the indepen
dence be recognized.
Morgan went on to discuss the condi
tion of Americans sentenced to death in
! . Cuba on account of their connection with
} the Competitor, and spoke of the United
'i States standing by and witnessing that
\- tragedy because interierence would be
I perilous and injurious to certain, business
: interests. •
If the United States were to intervene at
• all he would prefer open war. And he
■* would vote for a resolution to that effect,
his justification being the law of nations
as ne understood it and the feeling he
A- entertained for those who lifted up their
■1 'appealing hands and called for help
. against appalling cruelty and misrule.
No State in Spanish America has been
• forced to endure such oppression, in peace
" and war, as the President's message had
justly charged to Spanish rule in Cuba.
••' The United States had no alternative but
' the choice between the continuous repeti
•'* tion of terrible evils practiced by the
" -Spanish or a base humiliation .and cruel
* delay while rapine and destruction were
. rampant. He hoped that some .fortunate
• ' turn in events might relieve the United
* > States from a duty it owed to Christian
civilization.
* *At the conclusion of Mr. Morgan's
speech, which was read from manuscript,
the resolution was agreed to.
FRIENDS OF CUBA ACT.
1 The Xftely- formed League Issues an Ap
peal to A etc Yorker*.
NEW YORK, N. V., Dec. 15.— The or
ganization known as the Friends of Cuba
to-day issued the following call:
To the American Public— Fellow-citizen's:
We are iniormed through the columns of the
. aaily press that Spain ties added another to
. the long list 0 { outrages committed by her.
]• ailing in her efforts to suppress the people of
Cuba in their struggle for liberty by the ordi
nary methods employed by civilized Rations
in warfare, she must needs resort to treachery
and bribery to accomplish by trick and stealth
what her impotent army and incompetent
trnls failed to accomplish by arms. S
. We call your attention to the dastardly mur
-1 dcr of that gallant leader of the Cuban people,
.^General Maceo, inveigled into ambush under
Jihe flag of trace and there with his compan
ions loully murdered. That is the latest ac
complishment of Spain. Can we. as citizens
of the United States/stand by and ' let Uh is
crime Dass by unnoticed? Shall- we let the
ghoulish glee of the Spanish people at their
own infamy go unrebuked? Or shall we act
In accord with th«, traditions of our country
and extend a helping hand to the struggling
The San Francisco Call
CLEVELAND— " Don't stop my duck-shooting. Leave those things for McKinley-"
CHARLESTON, S. C, Dec. 15.— A special to the News and Courier from Georgetown, S. C, says: President Cleveland and party pitched camp at Fords
Point, which is at the southern extremity of South Island, yesterday morning, and have been shooting ducks in the preserves of General Alexander to-day.
Telephonic reports received this evening from South Island station, which is five miles distant from the preserves, are to the effect that the party killed some
sixty-five fine mallards, twenty-eight of which were brought down by the President's own shots. To-morrow the party will be given the pleasure of a deer-drive,
which has been arranged for them by General Miller and Captain W. Miles Hazzard. The scope of the country owned by these gentlemen abounds in wild deer and is
conceded to be the finest hunting grounds in the State.
CuDans? What we should do at once is to
petition Congress to act.
Every citizen should forward his earnest
protest against such outrages as have been
committed there by Spain, as well as to show
Congress that the peo;Je of this country are
ready to uphold them in any action they may
take.
The American fr.cnds of Cuba appeal to
you in this matter and urge every citizen to
do his duty and join with us in our petition to
Congress that these outrages may cease at
once. Franz Mayer, President.
ANOTHER CAUSE OF DISCORD.
The Steatnuhip l,avrnda Ulajf Lead to
Complication* With Spain.
BALTIMORE, Md., Nov. 16.— case
of the steamship Laurada, undercharge of
J. H. Seward & Co. of this city, which is
threatened with violence if she attempts
to enter the port of Valencia, Spain, be
cause she is alleged to have been engaged
in filibustering operations some time ago,
promises to develop an international con
troversy regarding the neutrality Jaws
arid to possibly strain the peaceful rela
tions existing between the United States
and Spain. ; ;'; ' ' X
R. A. Tucker of Seward & Co. went to
Washington to-day to see Secretary Oiney
and supplement a letter he sent to the
Secretary last night by a personal appeal
for protection for the steamer. In his
letter to tne Secretary Mr. Tucker ex
plained his firm's connection with the
Laurada, and stated that she had been or
dered to Valencia on a purely business
mission and not to create a disturbance.
SAYS IT WAS NOT MURDER.
Spain's War Minister ' Declare* ' That
'Macro Won Alain in Ilnttte.
WASHINGTON, D. C, Dec. 15.— The
Spanish legation here furnishes the fol
lowing translation of a cablegram received
to-night: ■ "" ' . * '
Madrid, Spain, Dec. 15.
Spanish Minister, Washington: Maceo's death
took place in the loyal tieht at I'unta Brava,
and was caused by our soldiers' bullets. This
is evidently proved by the letter written by
the son of Maximo Gomez, in which he states
that he killed himself in order not to abandon
the body of his general. ; : \.f.
The handwriting of the letter has been ver
ified, and also every detail of the fight, time
and circumstances when Maceo and the son of
Gomez were wounded. All these details have
been published In Europe by telegrams irom
both Spanish and foreign correspondents. \
'■•-.- ■ ■ • ■■• Tetcan. ; -
The legation attached to the cablegram
a note saying that the Spanish legation at
Washington "hopes to discover the origin
of the report of Maceo's assassination and
to trace it to a certain Cuban resident in
Jacksonville." ' • •.
The note further says that the presence
i in Jacksonville of several newspaper cor
j respondents at the time of the reported
assassination of Maceo "explains the
I whole circulation of the slander."
'" • * — —
"THE TREACHEROUS ASSASSIX."
Professor Oalbreath Score* Spain for Its
fearful HarharUy.
COLUMBUS, Ohio, Ore. 15.— The Even
ing Press in its issue to-day calls a meet
ing of citizens on next Friday evening to
take action on behalf of the Cuban pa
triots hi tneir struggle for freedom.
The Press also printsa very strong letter
from Prof-ssor C. B. Galbreath, State
Librarian, an intense Cuban sympathizer
who has been in correspondence with the
Cuban Junta in New York for several
weeks. The following are a few of the
vigorous sentences used by Professor Gal
breath: "'For many months we have been
confronted by an extraordinary condition
of affairs. Stripped of oil subterfuges
and ano!o?ies these are the naked facts.
An American island community, almost
within sight of our shores, is dedicated to
rapine and butchery. Day and night the
carnival of slaughter goes on. Spain is
the treacherous assassin and the Govern
ment of the United States the chief acces
sory to the crime.
"One brave, just word from the Presi
dent; one prompt, patriotic act by Con
SAN FRANCISCO, WEDNESDAY MORNING, DECEMBER 16, 1896.
gress— would put a stop to all this. That
word rests unspoken.
"Our Government virtually acknowl
edged the state of war there, but refuses to
grant the patriots belligerent rights. Our
navy still does police duty for Spain and
unlimbers its guns aeainst the friends of
freedom. Our -Treat Re public has not the
courcge to be just.
"Among the 'plain people' are those
who emulate the spirit.of Lafayette, who
are to-day eager to extend a helping hand
to those who fight with desperate valor
for the priceless boon of liberty."

TO FIGHT FOR CUBA.
Brare 31 en Enlist to Aid the Insurgents
anil A*k JVo Jirward.
BOSTON, Mass., Dec. 15.— Eighty-five j
men, strong fellows, intelligent and well !
up in military drilling, have left Boston |
bound for Cuba, where they will fight in
the army of the insurgents. They were
in command of Louis Marshall of East
Boston, who has seen service 7 ; in actual
warfare. He was a corporal in Union
army during the Rebellion. Since the
outbreak or the. war in Cuba his sympa
thies have been with the insurgents and
he has in many ways, assisted them ma
terially. ' ' _•' '_:;/■':
The men volunteered their services to
the cause over a month ago and since that
time they have been drilling persistently
each day and anxiously awaiting the time
for their departure. They received no
promises in the way of , a return for their
services from the Cuban Junta in this city,
but they persisted in their requests to be
enlisted as. volunteers and said they were
willing to die if necessary for the cause of
Cuba. They then paid their own expenses
and when they boarded the cars last even
ing each man carried in hl3 pocket the
latest revised military manual of military
tactics and enough :_ money to purchase
supplies for many days.
They will buy their own rifles and side
arms, if necessary, before they sail. Their
commander. Marshall, will be given a
captain's commission in the insurgent
army when they arrive at : Cuba. When
they arrive in New York the men will be
marched to one of the suburbs, where they
will be drilled with other recruits for a
few days, after which they will all embark
for the seat of war. ,., • ; -::f '
' The men will be shipped from New York
THIS MAY LEAD TO WAR WITH SPAIN.
WASHINGTON, D. C, Dec. 15 —Woodman (R.) of Illinois introduced in the House to-day a joint resolution "direct
ing the President to act in Cuban affairs," as follows:
"Whereas, The people of the United States have learned with profound sorrow of the murder of Genera 1 Maceo,
second in command of the armies of tne Republic of Cuba, and the murder of the members of his staff by a detachment
of Spanish troops, while General Maceo and his staff were keeping an appointment for conference under a flag of truce;
and
"Whereas, The war of extermination carried on by the Spanish Government against the Cuban republic, with its
murders, its assassinations, its outrages of women, its treachery, its cruelty, being entirely opposed to the rules of civilized
warfare and a disgrace to civilization; and
"Whereas, The proximity of the island of Cuba to the united States, and the interests and lives of American citizens
being in jeopardy, and the almost universal feeling in the minds of the people of the United States that such manner of
warfare should cease; and
"Whereas, The President having failed to carry out the wishes of the people of the United States as expressed oy their
Senators ana Representatives in Congress, but on the contrary, having in his annual message submitted to Congress on
the seventh day of December, 1896. given no adequate idea of intention to carry out the will of the people, but making an
argument in favor of Spanish butchers on the island of Cuba and in support of the alleged honor of the Spanish nation;
and
"Whereas, The situation having reached a stage where the honor of the United States is at stake, where the continu
ance of such crimes and brutalities within such close proximity to our shores cannot be borne, and especially as the history
of Spanish military operations gives no precedent on which to base a hope of change to compliance with the rules of civil
ization and of civilized warfare: therefore, be It
"Resolved. By the Senate and House of Representatives of the United States of America in Congress assembled, that
the Prtsidenl be and ha is hereby directed to express to the Government of Spain, through its authorized officials, severe
condemnation of the methods of warfare pursued by its forces in Cuba, and especially of the means resorted to in the
murder of General Antonio Maceo.
'■Resolved, That the Piesident is hereby directed to recognize the Republic of Cuba as an independent State and to
accord said Republic of Cuba all the rights and privileges in the ports and in the territory of the United States that are
enjoyed by the most favored nation.
i'Resolved,i 'Resolved, That the President be and be is hereby directed to demand of the Government of Spain, through its official
representatives, that all armed forces of Spain be at once drawn from the island of Cuba and its ports, and to take such
steps as may be necessary to enforce such demand."
The resolution was referred to the Committee on Foreign Affairs.
to Jamaica on a British steamer, after
ward sailing in small parties to Cuba,
landing al some one of the many little mi
i lets of which the Spanish as yet know
, nothing. Some may go via Jacksonville. |
I Many men have been sent to Halifax by
8»il and shipped from that t»<.»rt o Jamaica
i n British ships as colonists.-. A few went
by boat from Portland to New YorH and
thence to Cuba by way of Key West
SHARPSHOOTERS ORGANIZING.
Thty Are Preparing to Leave Washing
ton State for Ctibn.
SPOKANE, Wash., Dec. 15.— A band of
sharpshooters is being organized here to
take part in the Cuban war. Already
fifty-five men have joined who are sworn
to (■ecrfcy as to «11 movements and it is
expected that the number will be much
larger before the party leaves for Cuba.
Nothing can be told as to their leaders or
their immediate intentions, but some very
prominent men are associated in the
movement.
Denaiinc* the Spaniards.
BUTTE, Mont.. Dec 15.— Cuban sympa
thizers to the number of 1000 Held a niass
meetin° in Butte to-night and a number
of speeches were delivered and strong res
olutions adopted urging Congress to rec
ognize the independence of Cuba and de
nouncing the Spaniards. A popular sub
scription for the Cuban cause was started
by the Anaconda Standard to-day and a
Dig fund wiil be raised.
■~ * ■
Tli,e ■ Three Friends Seen.
KEY WEST, Fla., -Dec. 15.— 1t is re
ported the Three Friends passed this port
about 3 o'clock to-day, heading southwest,
and that she was seen from the top of the
City Hall building. She was under all
sails and a full head of steam.
«
SPREAD OF THE REBELLION.
Bands of Insurgents Infest the Outskirts
of the City of Manila.
MADRID, Spain, Dec. 15.— A dispatch
to the Imparcial from Manila, the capital
of the Philippine Islands, says that the
rebellion in those islands is spreading and
bands of insurgents infest the outskirts of
the city of Manila. Advices from the
Carolina and Canary islands say that ris
ings are imminent there.
The Cabinet council which was held
yesterday decided to purchase the English
transport steamer Prince of Wales in
order to expedite the transportation of
troops to Manila, and it was also decided
to purchase a complete equipment of
rifles for the troops.
Additional advices from Manila say that
the natives of the island of Mindanao
have revolted and the insurgents have
been joined by numbers of deserters from
the native troops. The insurgents, who
are numerous around Manila, are becom
ing very bold, often approaching near
enough to the town to fire into it.
The situation is admitted to be very
grave at Manila and is equally bad at
Cavite, wnere 150 prisoners revolted,
killed six soldiers, seized a quantity of
arms and tried to incite the native inhab
itants to attack the garrison. The revolt
ers were frustrated, however, and the gar
rison shot the rebels down in the streets.
During the night there was a general mas
sacre of rebels and on the following morn
ing many of the revolting prisoners were
recaptured and shot.
J.nn Angeles in line.
LOSANGEI.ES. Cal., Dec. 15.— A- mass
meeting of Cuban sympathizers has been
called for Friday night. Some prominent
citizens will address the meeting and a
band will be in attendance. Somedefinite
action will be taken in the shape of a
memorial to Congress in behalf of the
Cuban cause.
'nti/iriiift by the Senate.
WASHINGTON, D. C, Dec. 15.— The
Senate to-day confirmed the following
nominations: C. M. Nott of New York
to be Chief Justice of tne Court of Claims;
United States District Judges — John E.
Carland, district of South Dakota: John
H. Rogers, western district of Arkansas;
William B. Childers, United States Attor
ney for New Mexico.
\ ■.■•■;: — j — '» — - ■
' A Fire Station Burned.
SUPERIOR, Wis., Dec. 15.— The East
End fire station burned this morning. Ten
firemen escaped death by jumping from
the second story windows and from the
roof. Total loss $17,000, with no insurance.
■■.:.———♦ -'■.'■ :■■■■'-■-. :
Marine Disasters" Feared. ■■
NEW YORK, N. V., Dec. 15.— A gale of
wind, accompanied by snow and sleet,
struck this city to-night. Fears of serious
marine disasters are felt.
WYATT EARP EXPOSES THE
EXAMINER'S FAKE METHODS
Swears He Never Gave Any of Long Green's Young
Men the Statements Printed as
From Him.
General Barnes Will Move to
Dismiss the Injunction
on the Coin.
IT WAS AN UNLAWFUL FIGHT.
Proceedings in the Sharkey-Fitz>im
mons Case — Co'onel Kowa sky
Refers to Earp's Howitzjr.
Wyatt Earp yesterday exposed some of
the fake methods employed by that sensa
tional and utterly unreliable journal, the
"Long Green" Examiner, when he went
on the witness-stand and declared under
oath that he had never written anything
about the fight for that or any other news
paper, and that he had never given a re
porter an interview.
It will be remembered that the Examiner
published what purported to be a half
eolumn statement from Earp about the
fight over Earp's signature.
William Greer Harrison and others were
called to prove that the prize-tight between
Sharkey and Fitzsimmons was not a prize
fight but a gentlemanly glove contest ''for
points," some of the "points" involving
broken ribs, smashed noses, blackened
eyes and the knocking of one of the gen
tlemanly contestants into a state of coma
guaranteed to last at least ten seconds.
General Barnes announced tnat on
Thuisday morning he would move for a
dismissal of the complaint and the injunc
tion on the ground that the contest was a
fight for a prize and not a kindergarten
game.
One of the main bluffs made by Mr. Bad
Man Earp during his examination was
that Chief Clerk dough of the Baldwin
Hotel would not testify that be, Earp, had
called at the hotel the day after the battle
and had asked to see Fitzsimmons. Earp
was particularly strong in his denial of
this point, just as he was in other points
where be stands alone as against the
sworn testimony of many witnesses.
But, in this Ciough matter, the chief
clerk of the Baldwin gives Earp the lie in
a way most unequivocal.
"Earp has been coming here almost
daily lor his mail." Mr. Ciough stated last
night to an assemblage of attorneys and
newspaper men.
"The morning after the fight he came
>n, got some letters and telegrams and
asked me if Fitzsimmons was around.
The latter was in the cafe, and I suggested
that he send him his card. Earp did not
wish to do this, Dut came around a second
time askins if Mr. Fitzsimmons had yet
come out. It was evident Earp wanted to
see Fitzjiramons, but did not care to meet
him in the cafe. Finall}' he walked away."
This statement made by Mr. Ciough, a
man of unquestioned integrity, and a
hotel man oi most iavorabie renown lor
the past twenty years, stands now against
the denial of Wyatt Earp, the gun-fighter
and border ruffian, the Bodyguard of
"Long Green" Andy Lawrence.
Mr. Ciough is to make bis sworn state
ment to the Commissioner in regard to
this matter, and, at the outcome of the
whole matter, Wyatt Earp will be brought
up with a round turn by the Grand Jury
on an indictment for perjury.
The prosecution is particularly anxious
te see the Suarkey faction place "Dr." B.
B. Lte on the stand. This alleged physi
cian is credited with having b.'en either
paid or promised $1000 for bis services to
Sharkey.
Yesterday afternoon Attorney Kowal
sky and Martin Julian were closeted with
Captain Lees of the detective force, to
whom they disclosed some of the evidence
they had against Dr. Lee. In return they
asked for th" police's record cf Lee in the
matter of Matheny, the associate of a
burglar killed in Oakland a couple of
years ago while robbing a saloon. "Dr."
Lee came to the front, in that case and
tried to prove an alibi for Matheny, who
he claimed was with him in Sausalito on
the night of the Oakland tragedy.
In another case "Dr." Lee again at
tempted to assist a criminal with an alibi,
and again he was exposed.
Long Green's latest exploit in attempt
ing to browbeat the Tufts- Lyons baseball
team of Los Angeles has aroused great
indignation in Southern California. A
dispatch published elsewhere in this pa
per exposes the contemptible sraallness of
soul and the petty meanness of the lead
ing spirit of the Examiner.
Manager Lynch resnmed the stand yes
terday morning and was asked by Mr.
Kowalsky whether he had any special
privileges accorded him by the club. He
replied that he had not received any, ex
cept such privileges as were usually ac
corded to the managers of pugilists. He
explained further that when he took
charge of the door of the Pavilion he did
so at the request of Mr. Groom of the ath
letic club and acted as doorkeeper until
Sharkey arrived. This line of examina
tion was a» to Lynch's supposed connec
tion with the National Atbletic Ciub.
On the preceding day Lynch swore that
the bet he had made on Sharkey was the
smallest he had ever made on a prize
fight. Yes'.erday, in iesponse to a similar
question, I c said that it was a smaller bet
than any he had made before on Sharkey.
He admitted in answer to a direct ques
tion that he had a pool ticket for $1400 at
odds of $1000 to $400. his wager being $400
on Sharkey, but that was nearly a week
before the fipht. His money was placed
with Henry Harris.
The witness was asked as to the certifi
cate-of deposit, and he. replied that it was
made payable to James Chesley, who in
dorsed it payable to Wyatt Earp. The
certificate was handed to Earp in the ring
by Police Captain Wittman. Lynch was
positive that Earp did not indorse the
certificate in the ring, and that it was in
dorsed at the Anglo-Californian Bank.
An important fact was drawn from the
PRICE FIVE CENTS.
witness at this point, and that was that
Earp did not deliver the certificate of de
posit to him or Sharkey on the night of
the fight, but took it home with him, so
that he had it In his possession when
Lynch called on Earp at his residence the
next morning.
Mr. Kowahky then inquired as to
Lynch's reputation as a hor3em an and
asked whethar any of his entries had been
refused at the Bay District racetrack
within the last few years, but an objection
was raised by Mr. Barnes, who remarked
at the same time: "If we have got to try
horse-racing as well as prize-fighting we
will never get through with this case.
We will next get down to cock-fighting."
"At which you are an expsrt," re
marked Mr. Kowalsky.
"Yes, was the retort, "I nave watched
you many a time."
The objection was sustained and Mr.
Lynch was allowed to escape from the
stand.
Thomas Sharkey, whose cauliflower ear
had been reduced to its normal propor
tions, was called by Mr. Barnes and, after
giving his age at 23 years, denied every
statement made by JMiiitn and Allen as to
his arrangement with Earp to have the
decision mude in bis favor. He denied
that he had put up $2500 for himself and
$2500 for Fitzsimmons to inoure their ap
pearance in the ring, or that he had made
any statements to that effect, or that ho
knew of any fraud in connection with the
fight whatever. He had gone through a
severe course of training for five weeks,
running twelve miles every morning by
I way of a bracer, and punching the bag
and his trainer.
Sharkey described the disabling blow he
received as follows:
"He gave me a left-hand jab in tho
mouth. Then he feinted with his left and
j sent his right hand across my head. I
! jumped back and he sent his left hand
i and hit me in the groin. As I was falling
! he hit me in the jaw. I was not insensible
! at any time."
It appears that none of the Sbarkey
j crowd were acquainted with Dr. Lee.
Sharkey swore ihathe didn't know him
and that he had no idea who had sent fur
him. Dr. Lee dressed the wound in the
I groin and then Dr. Kagan arrived on the
scene. In conclusion, Sharkey said that
he had had no voice whatever in the se
! lection of the referee.
B. Benjamin, sportiug editor of the
Chronicle, was called by Mr. Kowalsky.
He swore that on Tuesday, December 1,
he asked Lynch as to when a meeting
would be held with regard to the selection
of a referee. Lynch replied that they
would meet or. tiip next day, the day of
the fight, but he (Lynch) did not think
there was any prospect of their agreeing.
Lynch said also thst he had bet $400 on
Sharicey against $1000, with a bookmaker
I named Harris, a few days before.
The witness was in the press stand and
was busy writing from the dictation of Al
King. He i-aw Sharkey fall down, but did
not see the blow that felled him, because
Fitzsimmons' back was toward the press
stand and obstructed the view.
Sharkey was then recalled for cross-ex
amination by Mr. Kowalsky and was asked
as to whether any of liis money was in the
$10,000 purse or whether he had any money
bet on the result. On being asked whether
Dr. Lee in making his examination had
i struck him as hard as Fitzsiramons had
hit him, Sharkey replied that such was
I not the fact, whereupon Mr. Kowalsky
asked why then had Sharkey yelled with
pain under Dr. Lee's examination when
he did not yell at the time he was struck
by Fitzpimmons.
This question raised a buzz throughout
the courtroom and Sharkey in a hesitating
manner replied that he did groan "a bit
When lying on the floor of the ring.
Air. Kowalsky inquired whether Sharkpy
did not know that Dr. Lee was the witness
who proved an alibi ior burglar Lou
Matheny, charged with murdering a po
liceman in OaKlani. Sharkey replied that
he did not know Dr. Lee, but that Math
eny once visited his training headquarters
with Danny Xeedham and he was then
introduced to Matheny.
The witness swore that he never saw
Earp before lie saw him in the ring on the
night of the ficht. He was better ac
quainted with Dr. Lee, because Dr. Lee
and Dr. Ragan were still treating nim for
his injuries.
With reference to Lynch's report of his
interv ew with Hiram Cook the witness
said that Lynch said that Cook was an
honest man and would De a good referee.
Everybody who had been running with
Fitzsimmons and betting on him had been
advising Sharkey to take Cook as referee,
and besides. Cook had gone over to Sausa
lito to visit Fitzsimmons.
"Then," inquired Mr. Kowalsky, "when
you heard that Wyatt Earp had visited
Fitzsimmons at bis headquarters you
didn't object to Mr. Earp as referee?"
"No, sir."
"And you had never heard of Earp be
fore?"
"No, sir."
The witness denied also, in answer to
questions, that he had sent his bosom
triend Madden to Fitzsinxmons with a
proposition to give Fitzsimmous $500 if he
would agree to Madden as a referee. H«
denied also that he knew that Madden
wanted to act as one of Fitzsimmon's
seconds. As to hisyelling witti pain under
the examination made by the physicians
on the afternoon of the day sneceeding the
fight hharkey said : "I didn't holler loud.
I'm too game to holler loud,"
'O, you are, are you?" sneered Kow
alsky. "Then why "did you holler loud
when Dr. Lee examined you?"
Sharkey explained that at that time he
was very sore. After denying that Dr.
| Lse had used a hypodermic syringe or
j had made any incision with a knife, the
witness admitted that Dr. Lee had used
iodine on Friday, the second day after the
fight.
Trainer Smith's statement that Sharkey
had got up cut of bed and smoked a cigar
was positively denied by Sharkey.
After having received the blow in the
1 \Jr^LW
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