The Washington times., 1904-06-30
HIDING BEHIND
LEGAL BUBBLES
st. Asaph Case Never Gets
Into Court.
HEARING ON A DEMURRER
Counsel Spar for Advantage in an ALI
Day Fight at Alexandria
Court House.
HEARING ON A DEMURRER


and his associate proprietors of the st.
Asaph pool room and Crandall Mackey,
Commemorative attorney for Alexan-
dria county, locked horns at the red
brick court house on Fort Myer Heights
this morning for the fourth round OF
their legal battle TO settle the question
OF the right TO maintain gambling re-
sorts south Of the Potomac.
1t had been reported that the case was
to be heard on its merits today, but
when an innocent seeker of the truth
went to Charles e. Carlin. one of the St
Asaph attorneys. for enlightenment, Mr..
Carlin smiled blandly and assured his
ouestioner that no such thing would oc-
cur. The demurrer Mackey filed To the
petition for a writ of prohibition which
Judge Nicol granted, was the only ques-
ton to be discussed.
Playing for Delay.
For several weeks the St. Asaph at
torneys have been playing for delay.
Twice they caught Mackey on his own
mistakes and now they purpose to drag
on as long as they can and use every
legal means at their command before
they let the case come TO court on its
merits The impression among other
lawyers around the court house was
that they would never let the merits of
the cast be tried if they could possibly
prevent il. and it is likely that from
now TO a time far distant the intellects
OF Mackey and his opponents viii Crap
pie with many an intricate legal prob
lem before they get to a point where the
court can pass upol the law in the
case.
The subject of today's encounter was
the writ OF prohibition Judge Nicol is
sued, upon the petition Of the st. Asaph
attorneys, prohibiting Justice of the
Peace Hagen from hearing the St.
Asaph cases. Mackey had warrants
sworn out for nearly everyone connect
ed with the ancient and more or less
honorable poOlroom, and a sufficient
number of them were served TO make
out a case
Justice Hagen was named as the man
before whom they were TO be heard
Justice Hagen did not suit the defend
ants. So, before the arrival of the date
set for the hearing, the writ of pro-
hibition was applied for and issued. This
was more than month ago, and moth
ing has been done yet.
Mackey on Hand
Crandau Mackey was on hand early
this morning. So were the poOlroOm at
torneys, Col. Francis Smith. Charles c
Carlin. and Edmund B. Burke. Judge
& f. NicoI. o. the circuit court holding
{ court in Alexandra county, was on The
bench.
Attorneys for both sides drove up ir
carriages. which We're half filled witt
lega, volumes. The prosecution anC
the defense were loaded for bear They
were in the best Of humor when the,
arrived. and chatted amicably. Colone
Smith and Mr.. Carlin were on the fielC
early Colonel Smith had other cases
before the court Carlin is Away
johnny on the spot" Mr.. Burke wa
late. but the magnificent appearance
OF him as he STROBE in drove all though
OF blame from the minds of his assO
GATES.
IIr Burke was clad. as to the nethe
portion of his portly person. in immacu
late white duck. Shiny patent leathel
shoes mclosed his shapely feet A dot
tee white shirt adorned his expanse,