Show S IE VARIAN AKD THE JuRy The Reason for the Recent Mysteri ous Document SIt S-It ia a fact I ct although it was not gen erally known that since the sice arrest of I McDonald and slade by the lnd > Unite tats I Marshal on the ch rg of in I dalging in a prize fight the Grand Jury I and Mr Varian have been at logger loger I heads over the proper definiiion ol defnito tbe statute in 0 reference to t xrftte whifh reads as follows r Every person who engages in iitlgtee encourages or promote ay iatgter tight or any other Premediteted O ri contention without prmedittod lt or nt deadly weapons either as principal aid Second umpire eiher smgooi or otherwue IS punishable suon otlerWI by hnpvie mentin the ipdsn l Penitentiary not exceedjn0 ear eedi Every person wilfully present a any ith or contention mentioned a fht mtcJtlon ton in the I preeeisg section is guilty of amisdcmeaaor ME VABIAN said that under the statute quoted above a case arose and was presented to the Grand Jury and their consideration The inquisitors inqusitrs were unable to agree with the pro 05i tions advanced firmly believing it is understood from the uudertood testimony received that the SladeMcDonald SladeMcDonald fight te was simply a farce that the men had met merely for the sake of scooping in the gate receipts and while they advertised a fight to the finish they proposed to injure one another just as little as it was possible to do so With that idea in I their minds the jury submitted a report to the Judge asking whether in such a case as te one mentioned he principals I prin-cipals and attendants were liable t the lawras they would have been had they given a genuine fight IV evident that the inquisitors and Mr Varian differed widely with regard t their views in the matter and it was to argue his side of the case that Varina appeared ap-peared before Judge Zane yesterday at ternoonv The Assistant District Attorney thought it was the idea of the legislature to prohibit all such exhibitions riga rig-a prizefight or any other such meeting or contention The question upon upn which the jjirors failed to agree was that the meeting between tJlade and McDonald was aC prize fight under the law I made no differeace whether it was a sham or not it was advertised as a figkt to a finish that the contest would be to a finish and by so doing they had afforded the publican ian i-an opportunity see just what the law says they should not I was a prizefight prize-fight to all intents and purposes there 1 was stake a prize and the fact that the participants used gloves had noth ing to do with it He read numerous authorities in suoport of his prepoai tion and concluded by saying that it would be a reproach to the administration administra-tion of the law if these exhibitions were to be allowed continue I makes no difference whether the fight was a zeal ous or a wicked one or whether I the classical language of the prize ring it v aa a hippodrome The miachiet had been accomplished brutalizing tan dency was there all the same Tax JtfDGE Is the Grand Jury i session 2 MB VAnrANNo Your Honor THE JUDGE Well when they areui session bring them in and I will chargt them farther in the matter |