Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1902-11-01
ARRESTS AT ST. ASAPH.

Raid On the Pool Room by County
Constable and Deputies-Pistols
Flourished by Officers and Sever
Persons Arrested Taken Before
Magistrate and Immediately Re-
leased.
Considerable comment was caused in
this city late yesterday evening when 1t
was learned that wholesale arrest had
been made at St Asaph. The first ac-
counts were, as is usual, greatly magni-
fed, but it was soon learned that 1t was,
after all, but tempest in teapot and
really amounted to nothing, as the prls-
ones we're Immediately released.
1t seems that a warrant had been sworn
out by Elvin Marcy, resident OF the
county, charging the proprietors OF the
place with conducting unlawful pool sell
ing. The warrant was for the arrest OF but
one of the proprietors, but several OF the
employees were also placed under arrest.
The large crowd usually at st. Asaph
was thrown into state of consterna-
ton when constables appeared upon the
scene. The law officers and his deputies
fourished reyolvers and declared that
everybody was under arrest. Excite
ment ran high for time and there were
all sorts of efforts to escape. The fifth
race at Chicago was just being called OIL
by the telegraph operator when a police
whistle was blown, and the constables
proceeded to draw revolvers. For a
time patrons of the place believed that
they were held up by robbers, and
wild scuffie was made for safety. Most
of them did not wait to learn that
Waswift was the winner OF the race,
but left in a hurry. The prisoners
were at once taken to Rosslyn, and
through their counsel, Mr.. Edmund
Burke and Col F. l.. Smith, demanded
an immediate hearing. Justice Smith
heard the case and Immediately dismis-
sed it. The constables who made the
arrest seized the cash amounting to sew
eraI thousand dollars and movable
paraphernalia of the pool room, which
was restored when Justice Smith rem
dered his decision.
The General Assembly of Virginia at
its session of 1896 passed two acts to
prohibit gambling on the result of horse
racing. The gist of these acts is emit
tied can act to prevent pool selling
and so forth upon the results of any
trials of speed of any animals or beasts
taking place without the limits OF the
Commonwealth. Under this statute
Richard Lacey was arrested and by a
Justice of the peace committed to Jail to
await the action of the grand jury.
Lacey applied at once to the Supreme
Court of Appeals for a writ of habeas
CORPUS which writ was awarded him. In
his application for the writ Lacey set out
in his petition that he had never sold a
,ool or bought one, but that he had for
sssyded bet to Wheeling, W. Va, to
s'e bet upoif.a race between horses to be
~un at st. Louis. The return to the
sr;t admitted this fact. In the case. OF
lacey VS.. Palmer, SO Va, p. 159, Judge
Keith delivering the opinion, held "Ihe
act of assembly approved February ~,
1896, to prevent pool selling and SO
forth has but one object, BUTT is broader
(the act) than its title, and is therefore
unconstitutional as to all of the offences
created by it except pool selling on horse
races. The words land so forth eX-
press nothing and mean nothing as
compliance with the constitutional pro-
vision. As Lacey simply forwarded
''bet" clearly he had not violated this
statute and was discharged from custody.
The question has been frequently dis.
cussed as to whether the business carried
on at st. Asaph violates the provision
of the other acts to be found in the act
of 1896, p. $40. This act is entitled
San act 10 prevent gambling and selling
CT making books, pools, or mutual:
within the Commonwealth of Virginia. y
The only provision of this act which the
business carried on at st. Asaph could
possibly violate is in the following
words: "To receive, register, record
forward, or purport or pretend to for
. ward to or for any race course an.
money, thing or consideration of valu
offered for the purpose Of being bet o
wagered upon the speed or power of en-
DURANGO Of any animal or beast
would seem from casual reading of thl
provision that the business conducted q
st. Asaph violated it, but careful read
ing of the provision discloses the factiha
the s'money, thing, or consideration