Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-24
SURRENDERED TO VIRGINIA
Parties Arrested on Charge Of Having Kept
Gaming Table.
They Are Conveyed to Alexandria
The AttOtney's Statement.

Daniel Benton, Frank Boswell George
Heath and Harry Kelley were today sur
rendered by Chief Justice Bingham into
the custody of Sheriff Palmer of Alexan-
dria county, Virginia, and by the latter
conveyed to Alexan taEia. The acquisitions,
charging them with the crime of having
kept gaming table in Virginia ana with
being fugitives from justice, were granted
after a hearing.
Edmond Burke, their lawyer, stated 10 a
Star reporter that the men will be ar
raigned today before Judge Love in the
criminal curt at Alexandria and released
on bail.
Mr.. Burke explained to the chief justice,
when the hearing began that all his
clients were present except Boswell, who
had, through mistake, gone to AleXan-
dria. He would return to this city, he said,
as soon he could be reached, and in
deed. Boswell surrendered himself before
the hearing concluded.
In presenting the case, Mr.. Shillington.
for the government, stated that Mr.. Burke
wanted. and also had admitted that his
clients were in Virginia within the period
OF time alleged in the indictments against
them. Mr.. Burke stated that he had done
this in order to expedite the hearing, but
he deniad that the men had been in Vir-
ginia March y last, the day specially
named
charge the men on the ground that they
have been tried and acquitted once on the
very charge and for the same offense as
stated in the reqlisition. He said they
were regularly tried before Justice of the
peace having exclusive and original juris-
diction in Virginia over such cases. and
were acquitted He produced the records
going to prove his statement and submitted
them to the court.
''rhese men are not fugitives from JUS
tice in any sense, Of the word said he;
IN fact, they are quite the reverse. They
returned to Virginia, submitted themselves
to the Jurisdiction of the court and were
acquitted. These acquisitions have been
based upon misiHformation. They never
VIC uld have been signed by the governor Of
Virginia had he known the true facts in
the case. 1t is persecution. They are the
victims of rival prosecutors who are anx-
1ous to get their share of the fines If any
mad been imposed. One goes to the JUS
ttce of the peace and swearS out warrants
and the other goes before the grand jury
and procures indictments. 1t was a race
for the spoils. 1t is not right that my
client should be SO harassed. The court
must be satisfied that they are fugitives
from justice before granting these requsi-
tions 1 have produced the records of the
court of exclusive jurisdiction, showing
that they were arrested, tried and acquit-
ted upon the identical charge now made
against them. Therefore 1 ask their dis
charge" g.
Mr.. Shillington said the plea that they
nave Deen trled ana acquitted is special
plea which shouldsbe put in when they
are brought before sthe court at Alexan-
dria, and is of no avail in this jurisdic-
ton. All that the Gifief justice had to do
Is to he sure that the requisition is
in du, form, thec GUpies of the Indictment
properly certified the parties in court iden-
tilted as the onesn wanted, and that they
were within the stHte, at some time within
the period alleged In 'the indictment. These
points had been waiysd and, therefore, the
court should grant the reQuiSltiOn
After a long arstment the chief justice
stated his conclusiNN which was practically
the same as t-adYanced by Mr.. Shilling
|. ton. and the men were ordered TO- be sur
rendered into the SHftody Of the Virginia
authorities