Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-14
HEARING ON DEMURRER
JUDGE NIcoL SETS DATE FoH
POOL ROOM CASES.
Prosecuting Attorney Mackey's BE
Spouse to Rule Of Court and
His Comment.

Commonwealth Attorney Crandall Mac
key of Alexandria county this afternoon
appeared before Judge Charles e. Nicol of
the circuit court In Alexandria and asked
that time be set for the judge to hear
him on a demurrer to the rule of the court.
recently issued, temporarily prohibiting
Justice Of the Peace Hagan from trying
the cases against thirteen Of the managers
and employees of the St Asaph pool rooms.
Mr.. Mackey expressed his desire to pro-
coed with the demurrer at the earliest pos
sible opportunity.
He said he was ready to argue the mat
ter this afternoon, but Judge Nicol an
nounced that he could not give the attor-
neys hearing before some time early in
June. owing to the number Of his engage
ments at the various county courts.
1t was finally agreed that the argument
on the demurrer should be heard by Judge
Nicol In the vacation at Manassas. June 4,
at 10 o'clock in the morning. Until then
the status Of the cases will remain as it
was after the defendants secured the order
of the court. The only thing now to be
done by the state is to serve the notices of
the time set upon the attorneys represent
ing the alleged gamblers.
The cases against lie st. Asaph people
would have been heard this morning before
Justice J. r. Hagan. to whom the war
rants were returnable but the move of the
pool room men was successful in standing
OF the matter. 1t was their aim to get the
cases before justice of the peace in JEFF
ferson district, in which the pool rooms
are located. and this we'll be the effect of
the order OF the court unless Attorney
Mackey secures q favorable ruling On the
demurrer. Should the demurrer be sus-
tained the cases will at once be heard be-
fore Justice Hagan.
Rule to Show Cause.
The order issued by Judge Nicol several
days ago was in the nature Of q rule to
show cause why writ of prohibition should
not ISSUE accompanied by a temporary re-
straining order.
The writ Of prohibition has never issued,
and, it Is said, cannot issue on ex parte
hearing under the statute. 1t is stated that
the defendants had hoped to defer the mat
ter until after June II, when, under new
law, such cases will have to be tried in the
district in which they originate. This stat
ute, it is asserted, was gotten through the
legislature at the closing hours of the last
session. Behind this, 1t is stated, were the
st. Asaph people, who apprehended just
such situation as has arisen. and who
were DESTROYS of having cases against them
tried by certain justices in that district.
Mr.. Mackey's View.
Speaking of the situation this afternoon
Attorney Mackey said this act had had
the effect of working a handicap on the
efforts of the law and order element in
the county. Prior to this, when a person
was arrested for gambling, he could be
taken before an justice in the county.
Attorney Mackey characterized the recent
move Of the defendants as an appeal to
the courts for protection. and declared that
this was the first instance of the kind In
the history of Virginia. He expressed con-
fidence that should the motion for a de-
murrer be overruled he will be able to have
all the cases brought before a justice ac-
ceptable to the prosecution