Evening star., 1897-03-23
G A M BL IN G G ASE
Alexandra County and Its Law and Order
League.
Case of John Clark Gets Before Judge
Tibbs-The Fight to BE
Carried On.
Evening Star Bureau,
No. lol North Washington st.

No. 121 North Washington ST,
ALEXANDRIA. Va. March %. 1897.
Special Dispatch he Evening Star.
The of John Clark. charged with
conducting a gambling establishment in
Alexandria county, which was appealed
from Justice Supplee, who found Clark
guilty and fined him $50, with sixty days
in Jail. was called in the county court this
morning, with Judge Tibbs of LoudoUn
presiding for Judge Chichester, who is III.
Clark represented by Edmund Burke,
Samuel G. Brent and John II. Greene.
while Commonwealth Attorney Johnson
looked after the interest of the common
wealth.
lhere was sharp passage at arms be-
tween the common. vealth's attorney ana
Judge l.. D. Iarrell over the admission of
Judge Iarrell in the case as assistant
prosecutor, which lasted for nearly an hour
Judge Tibbs rendered his decision as fol-
lows:
The matter of admission of counsel to
assist the ccmmcnwealths attorney IS a
| r.atter within the discretion of the court,
and is always allowed on motion of th.
c0mmonwealth's attorney. The admission
OF another attorney in the place and stead
o. the commemorative attorney 10 prose-
cute case is also within the sound iiscru-
ticn OF the court, and should be exercised
when the circumstances demand it Such
an act would, however, be a distinct re-
f1ectlon by the court upon the common
wealths attorney, and the motion TO admit
or approve such an attorney is an attack
| by lndirection upon an officer elected by
lhe people to perform certain specific
duties.
The statute provides that the court NAV
snmmartly punish any of it's officers for
| ofhclal misconduct. and also for their re-
moval for good cause. Such an attack is
nd
promise the counsel for the Citizens
League all due assistance in the prosecu-
| ton OF such case, and feels assured that it
can guarantee him a fair and impartial
trial In such a case the court will most
| gladly admit him to represen, the common
wealth and will. with this end hold court
| for any length of time necessary But this
court declines by its action to give its as
! SiStance or commendation to any attack
| uron its officers by indirection or innuendo
| OF in any or other way in which the issue
| cannot be made and met fully and squareiy.
!! therefore, deny the motion to admit
| Judge YarrelL"
CommonH ealth Attorney Johnston ther
| withdrew his objection to the appearance
| of Judge Yarrell. Judge Yarrell however
| saw that he could not in view of the Cir
cumstances remain in the case he in.
| tended. on behalf of the Citizens League OF
Alexandria county. to enter charges asains
| Commonwealth Attorney Johnston for NAL
| feasance and incompetency in Office.
| When the case was called for trial al
| parties were ready Mr.. Brent for the de
| fense. entered a motion 20 uuash the war
| rant on tie ground that Justice Supplee
| the trial justice. had been improperly ani
| Illegally appointed.
Judge Tibbs granted the motion and dis
| charged the prisoner.
| This was purely a technical point anf
| the matter will come up in another form
later on.
| Judge Tibbs entered an order to burr
the crap table roulette table. hazard table
| and other gambling apparatus found il
| Clarks place the night of the raid. and i
| has gone up in smoke.