Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-03
n. Eaupin's Bill Against Foreign Pool
Selling TO Be Passed Upon.
LACY SUES OUT HABEAs CORPUS.
The Supreme Court Grants Him "
Writ which Is Made ReturnabIe
Next Neutrality-suspicious. to DC fiIe-
galIy Detained--Thc Law.

gsther with several or MS ASSOCIATES,
while attempting TO transmit a bet 10
Wheeling. W Va, and is now In jail
on the charge OF violating the Maupin
law. yesterday. through his counsel,
Messrs Samuel G. Brent and Edmund
Burke, petitioned the Supreme Court Of
Appeals for writ OF haboas corpus al
leging Illegal detention, and the writ was
granted. ana made returnable next Thurs
day. April 9Th.
The attorneys fled their petition as
soon as the judges assembled the bench
yesterday morning, and the order for the
issuance OF the writ was Immediately
granted.
TEXT OF THE PETITION.
The petition is as follows:
To the Honorable Judges Of the Supreme
Court OF Appeals OF Virginia.:
Your petitioner. Richard NJ. Lacey,
doth show to the Supreme Cour, of APP
peals OF Virginia that he is detained
without lawful authority and deprived Of
his liberty by William H. Palmer. Sheriff
and ex-officio jailer of the county OF
Alexandria That your petitioner WIS
toiiHillNCu ~ lit Ndit NbSNSNs
the said William H. Palmer, by virtue
of a warrant OF commitment, dated on
the Slst day OF March, 1896. Your pc
titioner doth allege that he is not inter
ested In any way in the management or
control OF the Virginia Jockey Club, or
a stakeholder or employee thereof; that
he visited the grounds controlled by said
club In Alexandria county, Va, for the
purpose OF having certain sum Of
mo py forwarded TO Wheeling, w. va,
Their. to be placed at the best ODDS OBJ
tainable upon horse called Hubert
O'Neal running in the second race at
St. Louis. Mo-, and that tic placing of
said money as aforesaid was not In con-
travention OF any law Of said State OF
West Virginia, and whilst engaged in
having said sum of money forwarded 10
Wheeling, w. Va, as aforesaid, he was
arrested by said William III. Palmer
under and by virtue OF said warrant
and in default Of bail was committed 10
the custody OF the said William Ii. Pal
mer, Sheriff, and ex-offcio jailer of the
said county. That your petitioner, having
been arrested and committed to the SAID
William IL. Palmer. Is confined by him
in the jail of Alexandria county for u
violation of an act of the General AS
sembly of Virginia, approved February
selling and so forth. upon the results of
any trials OF speed of any animals oil
beasts. taking place without the limits OF
the Commonwealth.
Your petitioner alleges that the said
act of the General Assembly or Virginia
Is in violation of Article ", section 10, OF
the Constitution OF Virginia, and that
the said act is for that and other rea-
CONS Illegal, null, and void, and OF no
effect. Your petitioner. therefore, prays
that this honorable court will award
him the Commemorative most gracious
writ OF habeas corpus, TO the said VII
liam II. Palmer. Sheriff, etc, directed
commanding him to produce the body of
your petitioner before this honorable
court, in order that the cause of his de-
tentlon may be Inquired into. and relief
afforded your petitioner, and he vii.
ever pray, etc.
Article ", section Is. of the Constitu-
ton. which the Naupin law is said TO
conflict with, provides that no law shall
embrace more than one object. 1t is con-
tended that the law embraces more than
two objects.
WILL BE TRIED AT ONCE.
The Washington Post yesterday morn
ing had the following to say Of the case:
The case is bound TO come TO trial with
in ten days after the issuance of the
writ, and the legal battle will be a nota-
bic one, involving the constitutionality
OF law prohibiting the Transmission Of
money by telegraph or otherwise. In all
probability the Attorney-Generai OF the
State will conduct the prosecution, and.
of course, the decision will be final. II
the track people win, preparations will be
begun at once for opening the st. Asaph
track, which will follow within week
OF favorable decision.
The pool-room at st. Asaph was closed
yesterday, and will remain so pending
the decision. Dick Lacey spent a very
comfortable day In jail, being supplied
with everything to make his surroundings
more cheerful than would be the case
with an ordinary prisoner. The horses
at both the Virginia tracks will be ready
to go 10 the post on the opening-day
although the more important stables will
be shipped TO Elkton.
THE LAW IN THE CASE.
Mr.. Msupln, OF Henrico, was the patron
of the law under which Mr. Lacy was
arrested The bill was introduced in the
House the day that the anti-pool-selling
measure was passed. and went through as
companion act. This law reads:
l. Be IL enacted by the General AS
sembly of Virginia. That II shall be UNI
lawful for any person or persons. or as
ISOLATION of persons, or corporation or
corporations. in any way 10 assist, aid
or abet in forwarding any money, thing.
or consideration of value. TO be bet or
wagered, contrary TO the provisions OF
this act. or by any ways. means. or
devices to make any bet or wager. or
receive or record or register. or forward
or purport or pretend 10 forward, any
money. thing, or consideration OF value
TO be bet OF wagered upon the result OF
any trial of speed or power OF endurance
or skill OF animals or beasts. which Is
20 take place beyond the limits OF this
Commonwealth. or by any means or de-
vices to aid. assist. or abet In the making
OF any bet or wager. or the receiving.
recording, or registering, or forwarding
or purporting or pretending TO forward
any money. thing, or consideration Of
value. to be bet or wagcred upon the re-
suit OF any trial of speed or power OF
endurance or skill OF animals or beasts
which Is to take place beyond the limits
OF this Commonwealth, or 10 aid or as
eist or abet in any way or In any man
ner In any OF the acts forbidden by this
act.
2. That any person or persons. or asso-
citation of persons. or corporation or
corporations violating the provisions OF
this act shall be fined not less than 500
nor more than $500. and be imprisoned
not less than thirty nor more than ninety
Gays.
TO SETTLE WITH RECEIVERS.