Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1897-03-23

probably cool and fair Thursday southeriy
winds shifting to nOrthwesterly.
COUNTY CoURT.--Judge e. II. Tebbs
preSidiag.-The question came up ii
court to-day as to whether Mr.. l.. D.
Yarrell could appear as prosecutor with
the Commemorative Attorney without
the latter's consent. Judge Tebbs de-
cided that Mr.. Yarrell could not so
appear, giving written opinion in the
case as follows:
1.-The matter of admission of counsel
to assist the commemorative attorney
is matter within the discretion of tho
court and is always allowed on motion
of the commonwealth attorney. The
admission OF another attorney in the
place and stead of the commemorative
attorney to prosecute case is also
within the sound discretion of the
court aud should be exercised when
the circumstances demand it. Such an
act would, however, be distinct re-
Election 10y the court upon the common
wealth's attorney and the motion to
admit or appoint such al attorney is
an attack by indirection upon an officer
elected by the people to perform GER
tain specific duties. The statute pro-
vides that the court may summarily
punish any OF its officers for official
misconduct and also for their removal
for good cause. Such an attack is direct
and can be met. This court will promise
the counsel for the Citizens League
all due assistance in the prosecution
of such case and feels assured that II
can guarantee him fair and impartial
trial. In such case the court will
most gladly admit him to represent the
commonwealth and will to that end
hold court for any length of time neces-
sary. But this court declines by its &C
ton to give its assistance or common
dation TO any attack upon its officers
by indirection or inuendo or in any
other way in which the issue cannot be
made and met fully and squarely."
The case of the Commonwealth vs..
John Clnrl, (in which case the question
of the right of Mr.. Yarrell to appear
with the Commonwealth Attorney
without the atter's consent first arose)
was then called Clark had been found
guilty by Justice Supplee of keeping
and permitting roulette table to be
kept and exhibited upon premises in
his possession, and had been fined and
ordered to be imprisoned. From this
decision Clark appealed. Clark was
represented by Messrs. Burke, Brent
and Greene, and the Commonwealth
by Commonwealth Attorney john
ston.
Mr. Johnston said that as the court
had decreed that Mr.. Yarrell could not
appear in the case without his John
ston's) consent, he very cheerfully
withdrew his opposition to Mr.. Var.
rell's appearance in the case, and in
vited him to take full charge. This
Mr.. Y. declined to do. MIR. Johnston
then made statement concerning the
manner in which the Law and Order
League of the county had acted in the
matter of Commonwealth cases. He
said the order was political organiza-
ton that the members we're afraid to
attack a man openly, but used inuendo
in attacking court officers. He said
that if they had grievance against
him they should 20 into court and ask
for his removal. He then made the
assertion and challenged contradiction,
that no gambling case had ever come
before court since he had been COM
monwealth's attorney that had not
been followed by conviction.
Argument of the case was then heard
and the defendant moved that the pro-
ceedings against Clark be quashcd be-
cause the transcript Of the court record
of the appointment of Mr.. Supplee as
a magistrate failed to carry out the pro-
visions of the statute which sets
forth how justices may be appointed.
The court thereupon entered the fol-
lowing order:
Court overruled the motion
OIL. d. Yarrell to be allowed to assist
in the proceedings of this case; the de-
PENDANT moved the court to quash the
warrant, and the court being ofopinion
that ]. E. Supplee, who issued said
warrant, was and is not legally APP
pointed Justice of the Peace for JEFF
ferson Magisterial District, in the coun-
ty of Alexandria, it is considered that
said warrant be and the same is hereby
QuaSneO anu dunuiieu, anu Vho N
dant is hereby released and discharged.
Judge Tebbs also issued an order
directing that the gambling parapher-
MALTA belonging to Clark, then held in
the county court house building, be
legally seized and burned forthwith;
This order was at once carried out END
the paraphernalia was destroyed by
fire kindled in the court house yard.
During the trial Mr.. Yarrell said ne
intended, on behalf of the Citizens,
League of Alexandria county, to enter
charges against Commonwealth Attor-
new Johnston for malfeasance and IL
competency in office. u.,rr
After Judge Tebbs' decision, Harry
Brown. disorderly tramp who mao
been sent to jail by Justice Snpplee, ana .
ordered to solitary confinement on d
bread and water diet, made application
to be discharged. His case will be nearo
to morrow.
n1NorEsr-The coroner's Jury in the
case of Emil Cans, the old soldier VINO
was killed early yesterday morning py
..,;lroad train lust this side OF the