Sunday, April 7, 2024

The Sullivan-Kilrain Trials in Purvis, MS (1889-1890)

Most people are familiar with the bare-knuckle prize fight between John L. Sullivan and Jake Kilrain fought on July 8, 1889 in Richburg, MS. However, many do not realize that Sullivan, Kilrain, and many others associated with the fight were tried for breaking the law against prize fighting and the trials were held in Purvis, MS. So, the trials will be the focus of this article.

 By 1889, prize fighting was illegal in the United States. In early summer of 1889, rumors began to spread that a fight would occur in an undisclosed location within 100 miles of New Orleans. Mississippi governor, Robert Lowry was outraged and issued a proclamation on July 2nd calling for state and local officials to prevent the fight. This proclamation is currently in the Lamar County Museum housed in the old depot in Purvis.

Since prize fighting was illegal, the much anticipated Sullivan-Kilrain fight had to be contested in a secret location. Fight fans and officials travelled to New Orleans where special excursion trains shuttled them to the clandestine location. That location turned out to be Richburg, a flag station on the New Orleans and Northeastern Railroad between Hattiesburg and Purvis on land owned by a prominent lumberman, C. W. Rich. Once the parties reached Richburg, only a token effort was made to stop the fight.

Just a year before the fight, Marion County, MS was divided into two judicial districts. Both Lumberton and Purvis were located in the 2nd Judicial District. A vote was taken in March, 1889 to decide where the courthouse would be located and Purvis was chosen. Richburg, where the Sullivan-Kilrain fight occurred was also in Marion County’s 2nd Judicial District.

So, the responsibility of enforcing the law against prize fighting was left to the 2nd Judicial District circuit court in Purvis. Trials for Sullivan, Kilrain, and many others associated with the fight would be held in Purvis. Purvis had not yet had time to build a courthouse. In July, 1889, the Fairley Brothers, who operated a sawmill in Purvis, won the contract to build the courthouse at Purvis for $3,244. The small, frame courthouse was not completed until November 11, 1889. This was well after the Sullivan-Kilrain trials had begun. This frame courthouse was just a little east of the present courthouse which was built in 1905.

Today, it is difficult to grasp just how big a deal the Sullivan-Kilrain fight was in the United States at the time. Boxing had become a popular sport and John L. Sullivan was one of America’s first sports heroes to achieve national celebrity.

With that said, the trials, held in Purvis in 1889 and 1890, of Sullivan, Kilrain, and others associated with the fight, created an equal sensation. Many major newspapers devoted much of their front page to the trials. “Purvis, Miss.” was the dateline in newspapers all across the country as they reported on the trials.

In 1889, the town of Purvis was only about five years old. It had a depot, several sawmills, three churches, a post office, a new and unpainted hotel (called the Holleman Hotel), a few stores, a brick jail, and a few scattered residences. There was also the mayor’s office and a barber shop in a former store described as little more than “pine box.” As stated earlier, there was no courthouse, but a frame courthouse was being built during the summer and fall of 1889.

Note: The Holleman Hotel was just around the corner from where the Lamar County Museum now sits.

The first court proceedings at Purvis concerning the Sullivan-Kilrain fight were held on July 18, 1889 in the mayor’s office/barber shop. The judge and clerk stood behind a counter and District Attorney James H. Neville sat in the barber chair. Reporters sat on flour barrels and spectators stood where they pleased. Several officials associated with the Sullivan-Kilrain fight including the fight referee, James Fitzpatrick, were arraigned by the court and they gave bond.

John L. Sullivan was arrested in New York and brought by train to Purvis. The train arrived at 8:00 a.m. on August 6, 1889. A small crowd was waiting at the depot hoping to get a glimpse of Sullivan. Among the crowd was Sheriff Cowart. Sullivan was placed under a $2,000 bond for his appearance at Circuit Court on August 12.

Sullivan was given comfortable quarters at the Holleman Hotel where he awaited his day in court. Over the next several days, the word spread that Sullivan would appear before a special term of the circuit court on August 12. As the hour approached, the small town of Purvis filled with farmers from miles around hoping to see Sullivan when he appeared in court.

During the court proceedings over the next two weeks, the Holleman Hotel was very crowded. Men slept on the balconies and on small cots. As many cots as could be placed in the rooms were crowded into them.

Apparently, these August court proceedings were held in a structure originally built to serve as a storehouse. I believe it is referenced in at least one place in the court minutes as "Rouse Store House." It was described as follows: “It is about 100 feet long and 25 feet wide. The building is a new one and not quite completed. The rafters overhead are bare. The judge’s stand is a platform, upon which rests a small table. In front of the stand is a table for lawyers and reporters. To the side of the stand are the jury boxes. Ten double rows of benches afford seats for spectators and witnesses.”

Another newspaper described the “storehouse” building this way: “It is a long, pine building with a high roof. The rafters are visible from the interior because the ceiling was never put in. It is of unpainted pine, with a porch in front and openings at each end. The benches are of rough pine. The bar inside is a pine railing, and consists of a long table of rough planks. A little platform in front of the back window is the judge’s throne, and a little varnished table and revolving chair are the pieces of furniture that distinguish the spot from the rest of the court and mark it with dignity. The porch was crowded with typical Mississippians and they were ready, brawny, and wide awake.”

The presiding judge was Samuel H. Terral. He ordered Sheriff Cowart to open court and call the grand jury that Cowart had appointed for this special term. Grand jury members were:

L. A. B. Pace – a farmer from west of the county

Rayford Russell – a farmer 18 miles from Richburg

John Kendrick – a farmer 12 miles from Richburg

Ephraim Ladner – a stock raiser 4 miles from Richburg

E. R. Boon – has a farm 3 miles from Purvis

Leonard Davis – s stock raiser 4 miles from Purvis

S. S. Scarborough – one of the richest merchants of Purvis

B. J. Bounds – a stock raiser 6 miles from Purvis

Jeff Rawls – a farmer 12 miles from Richburg

J. H. Hinton – a lumber man of Lumberton

Dan Stanford – a farmer near Purvis

L. B. Batson – a stock man near Hillsdale

T. R. White – a sawmill owner and merchant from Poplarville (foreman of jury)

H. G. Stewart – a stock raiser at Poplarville

Asa Hartfield, Sr. – a farmer west of Purvis

A. B. Fillingame – a farmer close to Purvis

Thomas Baxter – a farmer near Purvis

B. M. Rouse – a farmer near Purvis

J. A. Howard – a farmer near Purvis

J. C. Bounds – a stock man near Purvis

On, or around August 13, 1889, a New Orleans photographer took a group photo in Purvis that included Judge Terral, attorneys, several Purvis officials, and Sullivan. The photo was likely taken on the steps of the “storehouse building” that served as a temporary courthouse for the Sullivan trial.

During the first few days of court, the grand jury listened to evidence regarding Sullivan and Kilrain and many others associated with the fight. After several days, the grand jury returned indictments against the following:

John L. Sullivan – principal.

Jake Kilrain – principal.

William Muldoon – Sullivan’s second.

Mike Cleary – Sullivan’s second.

Dan Murphy – bottle holder for Sullivan.

Mike Donovan – Kilrain’s second.

Johnny Murphy – bottle holder for Kilrain.

Dennis Butler – the ring builder and attendant to Kilrain.

John Fitzpatrick – referee.

James Wakely – Sullivan’s backer.

Charley Johnson – Sullivan’s backer.

Frank Stephenson – manager for Kilrain.

William E. Harding – representing Richard K. Fox, Kilrain’s backer.

D. G. Edwards – passenger agent Queen and Crescent at Cincinnati.


On August 15, 1889, the trial of John L. Sullivan began. The New Orleans Times-Picayune described the scene as follows: “The long courtroom with naked rafters, the unpainted and unvarnished pine walls, almost the entire population of the town crowding against the railing, sitting down, standing upon benches, perching on the fences near the windows, looking with open mouths and staring eyes upon the unconquered mien of the victorious gladiator who has been like a lamb in the lion’s hands, the distinguished array of counsel, the grand old judge who formed the central figure, were all component parts of the memorable scene.”

After many jurors were considered, a petit jury (trial jury) was finally seated as follows:

Ed Davis

William Rutledge (foreman)

J. D. Hatten

T. J. Golemon

Ira Lott

W. J. Longe

George Hartfield

Henry Slade

W. W. Lott

J. E. Farve

J. J. Hudson

John A. Haden

During testimony of witness, W. W. Robinson was asked by District Attorney Neville, “Did they hit each other?”  “Hit!” exclaimed Robinson, “look at Sullivan’s eye.” The crowd laughed. The court heard the testimony of five witnesses for the prosecution. There were no witnesses for the defense. At the end of the day, the state and the defense rested their case and the court adjourned for the evening. The jury was placed in the charge of two bailiffs and spent the night in the courtroom where they slept on benches.

The following day (August 16), the jury heard closing arguments and then deliberated only 75 minutes before finding John L. Sullivan guilty of prize-fighting. A petition for clemency was circulated asking that Sullivan be given only a fine and not be required to serve jail time. It was signed by many merchants of Purvis, prominent citizens of Marion County, all the grand jurors, and 11 of the petit jurors. 

On the morning of August 17th, Judge Terral rejected the petition and sentenced Sullivan to 12 months in the Marion County jail and no fine. Attorney for Sullivan declared that the case would be appealed to the Mississippi Supreme Court. Sullivan was placed under bond and began preparations to depart Purvis for New York later in the evening. “The depot was crowded and a hearty cheer went up for the champion as the train pulled out.”

Jake Kilrain arrived in Purvis at 3 a.m. on August 25, 1889, and took quarters in the Holleman Hotel. It was Sunday morning. He went on several short walks in the pine woods. In the afternoon, He attended the Black church service in the afternoon and a white Methodist church service on Sunday night. On Monday, his bond was set at $2,000 to return to Purvis in December for trial. Kilrain then departed for Baltimore. A large crowd saw his off at the depot.

On November 11, 1889 the new frame courthouse in Purvis was completed.

Jake Kilrain returned to Richburg on December 4 to await his trial in Purvis. He was a guest of C. W. Rich. Kilrain’s trial was set to begin on December 9, but was delayed a few days due to the death of Jefferson Davis. On December 14, Kilrain was found guilty of assault and battery. He was sentenced to pay a fine of $200 and two months in jail. His case was appealed to the Mississippi Supreme Court and Kilrain returned to Baltimore.

The Mississippi Supreme Court affirmed the sentence of the lower court in the case of Jake Kilrain on March 2, 1890. Jake Kilrain returned to Purvis on March 22 to begin his sentence. As it turned out, Kilrain did not serve a day in jail. Charles W. Rich, the wealthy lumberman on whose land the Sullivan-Kilrain fight occurred, utilized the prison-contract system to purchase the labor of Kilrain for two months at his sawmill in Richburg. Most say that Kilrain did not “labor” at the sawmill a single day; but instead was wined and dined by the wealthy Mr. Rich with frequent trips to New Orleans, and outings such as quail hunting and horse races.

A new term of the Circuit Court opened on June 24, 1890 in Purvis. They continued to consider new indictments regarding the Sullivan-Kilrain fight. They were specifically asked to consider a new indictment of John L. Sullivan for prize fighting. An earlier conviction of Sullivan had been reversed by the Mississippi Supreme Court on the grounds that the indictment leading to that conviction was faulty.  At 4:30 p.m. the grand jury returned a new indictment of John L. Sullivan for prize fighting. Later in the afternoon, in the crowded courtroom, Sullivan pleaded guilty. Judge Terral then fined Sullivan $500.  Sullivan paid the fine immediately and walked from the courtroom a free man.

Timeline:

June, 1889 – Rumors spread that a prize fight between Sullivan and Kilrain was being planned at an undisclosed location within 100 miles of New Orleans.

July 2, 1889 – Mississippi Governor Robert Lowry issued a proclamation calling for state and local officials to prevent the fight.

July 8, 1889 – Sullivan and Kilrain fight occurred at Richburg, MS (in Marion County).

July 17, 1889 – the Fairley Brothers get contract to build a frame courthouse in Purvis.

July 18, 1889 – the citizens of Purvis held a “mass meeting” endorsing Governor Lowry’s Proclamation.

July 18, 1889 – Marion County 2nd District Circuit Court officials meet in Purvis in office of Purvis mayor, W. W. Robinson. Several officials associated with the Sullivan-Kilrain fight including fight referee, James Fitzpatrick were arraigned by the court and gave bond.

July 31, 1889 – John L. Sullivan arrested at the Vanderbilt Hotel in New York City. It was determined that authorities would bring Sullivan to Purvis to give bond for his appearance at court on August 12.

August 6, 1889 – John L. Sullivan arrives at Purvis at 8:00 a.m. by train on the NE & NO Railroad.

August 12, 1889 – a special term of Circuit Court opens in Purvis.

August 13, 1889 – A New Orleans photographer took a group photo in Purvis that included Judge Terral, attorneys, several Purvis officials, and Sullivan.

August 14, 1889 – Jake Kilrain was arrested in Baltimore, MD.

August 14, 1889 – the grand jury returned indictments against Sullivan, Kilrain, and many others associated with the fight.

August 15, 1889 – trial of John L. Sullivan began.

August 16, 1889 – John L. Sullivan found guilty of prize fighting.

August 17, 1889 – John L. Sullivan sentenced to 12 months in the Marion County jail and no fine. Sullivan departed Purvis in the late evening.

August 25, 1889 – Jake Kilrain arrived in Purvis on Sunday. His bond was set at $2,000 on Monday and Kilrain returned to Baltimore.

November 11, 1889 – the new frame courthouse in Purvis was completed.

December 4, 1889 – Jake Kilrain returned to Richburg to await his trial scheduled for December 9 in Purvis. He was a guest of C. W. Rich.

December 14, 1889 – Jake Kilrain’s trial was set to begin on December 9, but was delayed a few days due to the death of Jefferson Davis. On December 14, Kilrain was found guilty of assault and battery. He was sentenced to pay a fine of $200 and two month in jail. His case was appealed to the Mississippi Supreme Court.

March 2, 1890 – the Mississippi Supreme Court affirmed the sentence of the lower court in the case of Jake Kilrain.

March 18, 1890 – the Mississippi Supreme Court reversed the decision of the Marion County Circuit Court in the John L. Sullivan case. The previous indictment was quashed on a technicality, and Sullivan was ordered to answer at the next term of the Marion County Circuit Court such any indictment that may be found against him.

March 22, 1890 – Jake Kilrain returned to Purvis to begin his sentence. As it turned out, Kilrain did not serve a day in jail. Charles W. Rich utilized the prison-contract system to purchase the labor of Kilrain for two months at his sawmill in Richburg.

June 24, 1890 – Circuit Court met in Purvis. At 4:30 p.m. the grand jury returned indictment of John L. Sullivan for prize fighting. Sullivan pleaded guilty and was fined $500 by Judge Terral.

 

Note: all of the above illustrations in this article came from the New Orleans Times-Democrat

One a personal note, the Sullivan-Kilrain fight occurred less than four miles from where I grew up.

 

Sullivan-Kilrain Bare Knuckle Prize Fight - August 8, 1889 - Richburg, MS



                            



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