Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-12
SPARR|NG FOR TIME
Movement by st. Asaph Pool
Room Men
WOULD PREVENT TRIAL
MR.. MAcKEY NOT SURPRISED BY
ACTION TAKEN.
May Possibly Cause Delay in Hearing
Before Justice of Peace
Hagan.

daRdu
Tn. PROMOTERS of the pool room business
at st. Asaph. Alexandra county, Va
against whom a prosecution for alleged
gambling was started by Commemorative
Attorney Mackey a few days ago. as here
tofore stated in The Star, are said to be
sparring for time Their latest move was
In the matter of making application for a
writ of prohibition to prevent the hearing
being held before Magistrate Hagan. No
tice of an intention to apply for such
writ was served upon the magistrate yes
terday and the legal questions raised will
have to be passed upon by Judge Nicol 1t
Is said that this move will cause delay in
the trial for more than month at the
least 1t is said that lawyers connected
with some of the railroads which pass
through Virginia are to be connected with
the defense of the gambling cases.
One of the most interesting features Oh
the case Is an offer alleged to have been
made by one of the pool-room promoters 70
rid Alexandria county of the so-called small
gamblers for the privilege of allowing them
(the pool-room proprietors) to conduct their
business another year unmolisted. money
consideration of $4,000, it is stated, was to
accompany the offer Under such an ar
furnish detectives and defray the expenses
OF driving out those whose business con-
flicted with the selling pools on horses.
Commemorative Attorney Mackey says he
vetoed the proposition, and has announced
that he would treat all alleged gamblers
alike. When Mr.. Mackey started the prose-
cuton of the pool-room proprietors he real
lied that he had an uphill fight, and was
not surprised at the action taken yester-
day. Should Judge Nicol grant the writ,
Mr.. Mackey says. 1t will not prevent the
filing of additional charges against the
men.
A measure was passed at the last session
OF the Virginia legislature which will make
change in the method of prosecuting
gambling cases after June Il. The new law
provides that the trials must take place be-
fore the MAGISTRATE in the district in which
the Offense Is alleged to have been COM
mitted This means that after the date
mentioned Magistrate Hagan cannot try
any of the st. Asaph cases.
Place Wide Open.
Thus far nothing has occurred to stop the
alleged violations of the law at the pool
room. and yesterday the place was as wide
open as ever. Bets were openly made and
the winnings paid over to the patrons. but
no law officer of the county appeared to
ask the alleged gamblers to desist and ap-
pear before a trial court. The tickers were
receiving the news from the race tracks,
and the operator called out the races as
usual
Sample of the Ticket.
The tickets given were purp orted to be
issued by the Old Dominion Telegraph Com
pany. On the face of the tickets the writer's
recorded the names of the horses upon
which the gamblers wanted TO wager their
money. as we'll as the odds offered on them.
Printed on the back of them Is the fol-
lowing:
Please forward for me to the West vIr-
GINA Athletic Association the sum to be
placed on horse as named on the face of
this ticket at the best odds obtainable
Charge for commission ten cents
1t Is understood and agreed that the Old
DOMINION Telegraph Company acts in the
premises as common carrier for the pur-
pose of transferring the money above mem
toned to the place designated
no money forwarded for the purpose of
selling or buying pools of any kinds
Notice.-Amount of order returned less
commission. when a failure to execute is
due to accidents or other unavoidable de-
lays In transmission"
The 10 Cent Commission.
So far as the alleged commission of 10
cents is concerned, 1t is said. no such
amount was deducted from the winnings.
but the full amount was paid to holders of
winning tickets, the same as is done in all
similar establishments and upon the race
tracks. In the big building where the gam
bling is conducted liquor Is also dispensed
IL Is said that this is done under club
license All that is necessary to become a
club member is to sign a book that is kent
as a register. Unless Judge Nicol takes
some action favora BILE to the defepdanta
the cases Will be taken up before Magis-
trate Hagan Saturday morning II Ia said
that counsel for the defendants will make
the contention that interference with the
defendants would be in the nature of q viz
lation of the interstate commerce Iawa
rus matter was brought up In a case sew
erai years ago and the court of appeals of
the state OF Virginia, 1t is stated decided
expressly that the method was gambling
pure and simple. and had nothing wba fever
10 DO with interstate commerce
Sunday Arrests Disposed OF.
Magistrate East convened court yester-
oay afternoon at the county courthouse
ana disposed OF the two cases made Sun
DAY by Sheriff Palmer. James La Fontaine
and charles Sanderson, who were arrested
at jackson City. and Edward Heath. who
was arrested at his establishment ahove
the Aqueduct bridge. near Rossiyn. were
ueIen9shts IN the gambling cases. Attor-
ney Edmund Burke appeared for the de.
1endants and entered pleas of guilty Each
defendant was fined 500 and costs.
amounting in all to 1865. and this amount
was paid. Then there was a small bonfire
made of the paraphernalia taken at the
time the raids were made.
Thought to Be Spite
IL was rumored today that the policy
playing and other gambling has been re-
stunned in the county since last Sunday and
arrests in the cases are expected. case
was filed in the Police Court In this city
this morning. which. II Is claimed, has
ZONE bearing on the Virginia investigation
charge OF selling liquor to minors was
filed against John NJ. Harlow, who keeps
a saloon at New Hampshire avenue and |
street. The warrant was sworn out by
Precinct Detective Isaiah Cox of the third
precinct. and alleges the sale of liquor to
Charles E. Tribby. "a minor. Harlow is the
lnAIA.iaiIIal uhn Ia aald to h.a..