Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-01
THE WARRANT QUASHED
MAGISTRATE RELEASES THE
KEEPER OF A POOL ROOM.
But There Was Lively Time When
ConstabIe's Posse Made the
Arrest.

An Alexandria county constable and five
deputies, armed with weapons and war;
rant, swooped down upon the pool room at
ST. Asaph yesterday afternoon at o'clock,
broke up the game then in progress, to the
CONSERVATION of the two hundred or more
devotees present. and gathered in j. Mar
riotte Hill. one of the proprietors. He was
charged with conducting an unlawful pool
room. The officers also arrested George
Campbell Charles Collifower, Robert
Foust and Lewis Sherman, who were found
at the place. The descent of the officers OF
the law upon the busy crowd In the club
house was sudden and unexpected. With
out moments warning the players found
themselves surrounded and Gagged in. Some
thing like panic occurred when six big re-
volvers appeared at as many different win
dows and the stentorian tones of the leader
announced that he had the necessary legal
document to secure the person of Mr.. Hill.
At first the players imagined that they
were being held up by gang of burglars.
Accordingly, as If by instinct. everybody
made a rush for the doors and such win
dowS were without the terrifying pres
ence of the armed raiders So open and
public had been the conduct of the gaming
business at the rooms for years past, and
so free from anything more than the occa-
sional threatSnings of molestation from the
officers of the law. that no one present had
suspected any trouble from that source.
Displays Warrant.
1t was not long. however, before the WIS.,
itors enlightened the minds Of Mr.. Hill and
his associates as to the purpose in view.
Constable Jose phi Evans advanced and dis
played a warrant sworn out by Elvin J.
Marcy, a resident Of Rallston. Alexandria
county. and bearing the signature Of JUS
tice of the Peace William NJ. Smith Of
Rosslyn. charging J. Marriotte Hill with
f,- ~ 70 he
laws of the state. The constable was ac-
companied by Elvin Marcy, William KEN
bell, Chancellor Marcy, Robert Birch and
Norman Herrell deputies. He announced
his intention of conducting Mr.. Hill before
Magistrate Smith, and the defendant con-
scented to go, but protested against the ar
rest Of any of the frequenters. But the
constable was firm in his determination 70
mentioned. The party of prisoners was
placed in vehicle and carried to the Of
flee of Justice Smith in Rosslyn.
Counsel Summoned.
Col. Francis L. Smith of this city and At
torney Edmund Burke of Washington who
were hurriedly summoned as counsel by
the st. Asaph management demanded a
trial at once, which was granted. 1t de-
veloped in the hearing that the warrant
was sworn out only for HILL and that the
deputies were without authority, it was al
legged, to take others into custody.
lot Of tickets, books, a considerable
sum of money and other paraphernaia
secured during the raid was introduced as
evidence. The record case of Lacey against
Palmer was referred to by the attorneys.
1t was cited that the act of the general
assembly Of Virginia passed in 1886 pro-
hibited the transmission of wagers made in
Virginia upon the trials of speed of horses
outside of the state. 1t was pointed Jct
that the constitution of the state requires
chat no act of the legislature shall embrac :
more than one subject, that to be expressed
in the title of the act.
Mr.. Burke explained that the act in auL s.
ton was one to prohibit pool selling on
races run outside of the state. Attention
was called to the fact that it was under
this act that Richard NJ. Lacey was ar
rested and was later discharged by the
court of appeals of the state on a writ OF
habeas corpus sued out by counsel for the
defendant.
The court held that the business conduct
ed at st. Asaph did not come under the
provisions of the act quoted and that the
transmission of wagers to foreign race
tracks was not prohibited. Justice Smith
declared the case dismissed, releasing the
prisoners and restoring the property taken.
The Decision Rendered.
In disposing Of the case he rendered a de-
cision as follows: "Mariotte Hill having
been arrested and brought before me this
date. represented by counsel, and charged
with making pools, after the law was ex-
planned according to the ninety-third Vr-
ginia statute of Lacy against Palmer, and
after hearing the case, ISjudge that the
warrant be uuashed and the defendant ad-
judged not guilty and the case dismissed -
The raid. it is said. will not in the least
affect the future business of the establish
ment, as the closing of the rooms last
night was only temporary, the situation be-
ing Immediately relieved, so far as the pro-
prietors were concerned, by the release of
Mr. Hill. 1t was at first suggested that the
detectives were sent from Richmond but
this proved to be untrue.