The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-09-17
OWnerS of St. ASaph
Acquitted of Charges
MaCkey Refuses to Prosecute Because Justice
Haney Would Not Hear Cases Alone
Associates Release Prisoners

Because J. F. Haney. justice OF the
peace OF the Jefferson magisteriaI dis
trict, OF Alexandria county. Va. felt
Incompetent alone to try the ST. Asaph
poolrOom cases. and called in two other
justices to sit with him, Common
weaIth's Attorney Crandal Mackey this
morning declined to prosecute the cases
He objected 10 the proceedings on the
ground that the court. as composed. was
not IL accordance with the laws Of Vir-
ginia, Justice Haney having refused 10
sustain his objection 10 the other jus
tices.
Thereupon the court. composed of JUS
tice Haney. Justice II. Clay Jones. OF
the Jefferson district, and Justice A. Z.
East. of the Arlington District. unafii-
mously decided that the defendants in
the case were acquitted.
J. NJ. Hill, Frank Hill, Fora Hill.
Charles Burlingame. and Louis Bargen,
who had been arrested on warrants
charging them with running a gambling
establishment contrary to the laws Of
Virginia, were then called up, ranged
In a row like schoolboys, and told bv
Justice Haney that they were adjudged
not guilty by the court. and were forth
with acquitted Of the charges against
them.
Held in School Building.
The trial was held. or was to have
been held, in the Del Ray schOolhouse.
which is but a stones throw from the
ST. Asaph poolroom.
Prior to the opening Of court it was
Whispered about that Mr.. Haney had
called in two other justices one OF
these was II. Clay Jones, Of jefferson
district. and the other A. b. East. Of
Arlington district
This did not suit Mr.. Mackey at all,
and he endeaVOred TO have Mr.. Haney
sit alone. Mr.. Haney. however. had no
intention of assuming the responsible
ity, and opened court with an associate
on either side Of him.
As soon as he called order he got Up
and explained his position. He did rot
feel competent, he said, because the
case was an important one, involving
not only large amount Of money. tut
the honor and fair fame OF Alexandria
county, we'll
Before We have gone far" said Jus
tice Haney. "a legal fog will arise and
the contest will become strenuous. The
mind Of a man not trained IN the law
will become confused. Therefore / have
called to my assistance two other JUS
tees"
Mackey's Objections.
When he had finished, Mr.. Mackey OBJ
tectcd 10 the sitting Of anyone but Mr.
Haney. He cited the act OF March Is.
1904 which provides that offenses OF the
sort charged against the proprietOrs Of
the pOolrOOm shall be tried by the JUS
sice Of the magisterial district In which
they occur. Haney was that man, said
Mackey, and he alone should try the
case before the bar
Edmund Burke. one OF the St. Asaph
attorneys. said. in answer TO Mr.. Mack
ey, that he was surprised at the turn
the case had taken. There was a law
which provided that when a Justice OF
nfl COS he II Hwurl
other justices to hear cases with him.
The statement OF Mr.. Haney-Justice
Haney, he begged his hOnor's pardon
could not be Contradicted The case
was an important one. and there were
statutory points and points Of evidence
10 be considered. No better man was
there for this than Justice East a for
Iner member or the bench Of Ohio, where
ne was Judge OF the circuit court. and
an able practitioner at the Virginia bar.
Jones Explains.
When Mr.. Burke sat down. Justice
Jones explained the statements he had
made concerning the legality Of St.
Asaph. lie had not said the business
was legal, he declared. but had said that
If the St. Asaph proprietor had the
legal backing they claimed 10 have their
business was legal 4"
Here Mr. Mackey again addressed JUS
uce Haney on this point II the Com
~ pAi ~ ~fAAtsi were utlealeu before him
there would be no appeal. whereas the
defendants would have an appeal should
the case 30 against them. II two OF
the three justices should oYerrule one.
IN" case would be where Il had started
Mr. Mackey still thought Justice Haney
should assume the responsibilities Of MS
Office.
Justice Haney declared that he would
speak further concerning his position in
this matter He did He burst into
oratory. Visibly nervous. his hands
trembling as he rose 10 speak. Justice
Haney said.
Il have made no statement before
hand concerning this case. / waive DO
rights. / will not change my position IN
regard 10 having Justices East and Jones
SIT with me. unless you show me the
Ia that cOmpels me to. / assure you
all justice IN this cause"