The Washington times., 1904-06-12

ht~4l 40 ItuttL upon llllil.
well. then. i object. too your honor
said Mr.. Carlin. rising to his feet.
What looked like trouble blew Over
and Mackay started talking again HI
reiterated what he had said about be
ing under the impression that counse
for the defense had agreed TO try tn
case on it's merits ard said he felt tina
the case could very well go on even ]
the name in the notice was wrong. /
was when he accused his opponents o
raising fresh objections after they hat
promised 10 go ahead with the case tina
Burke GOT his long wished for oppor
tunity
He arose to the occasion.
MI. Burke Talks.
Addressing the court ne went owe
again the occurrences at Manassas, tell
ing now Mr. Mackey had failed to Drin
the original papers in the case He am
his colleagues. ne said. had stated at Ia
time that they had certain objection
they wanted to present.
Mr.. MaclIey asked what these o0Jce
tions were and you, your honor, de
cIintd to make US advertise our obJec
tons to him
Il suppose these objections are VIVA
you said you meant when you said yo
had something up your sleeve" erie
Mackcy.
1--WE don't carry such things up on
sleeve" retorted Mr.. Burke witherlnsN
1--WE carry them in cur pockets
Then Mr. Burke went into an eXpid
nation Of their reason for wanting IN
original papers in court. what n
wanted to say was clouded in haz
legal verbiage-
Excuse me. Mr.. Burke" said Judg
Nicol. but I can't quite make out VIVA
you refer to.
Mr.. Burke was not in the leas
abashed. but explained that it wa
necessary to have the papers in couI
in order to make the points they dc
sired.
Mackey's Second Inning.
Then Mackey had another inning. II
argued that the matter was well known
ain had come into court through n
counsel. he said. That J. NJ. Hill va
one of the proprietors of the St Asap
poolroorn everyone knew, and thel
was no need Of lodging around about
He is always called Jim Hill, sal
Mr.. Mackey. and I naturally though
his name was James. Anyway we a
know whom we are talking about
Here some one near the long table
which the lawyers sat whispered aud
bly,:
Hes not called Jim Hill; he's Gale
Mick Hill"
This brought a laugh from all WI
heard it.
At this juncture Judge Nicol. wi
had been listening to all that went {
ia the quiet. attentive manner for whiC
he is noted, took a hand. lie askC
Mackey if it was his opinion, as a lax
yer. that a notice 10 James NJ. II
was a notice to John Marriott Hi
Mackey did not answer this, but quote
the United States law in regard to Il
appearance of a person through b
counsel. The judge did not agree wi
his contention.
The Court Surprised.
Il am surprised myself. however" sa
Judge Nicol. that these objections ha'
been presented, as I had expected
hear the case on it's merits. but I mU
say that the objection in regard TO Z
name in the notice is valid. No verdi
I could render on. a defective mott
could stand. 1 will. therefore. susta
the objection and the case shall
heard on the first day Of the conf
term Of the county court, which begi
the fourth Monday in June"
Since the next hearing is set for I
N-reguiaT rtsrso- of the court and not d.
ing vacation. as the hearing yesterda
and the one last week have been, I
e. ~
when il comes up then.
All this time Mackey had beer wol
ing hard and after the judge had Fl
ished talking and before he left {
bench ne arose with a properly ma
out notice I'm his hand.
"Will Hills counsel accept the serv
OF this notice FOR him p he asked.
Refuse the Service.
I'VE Will not" said Mr.. Carlin, e
IliaGcally. I'VE viii accept NOTHING
Then Mr. Carlin arose ana said
wished 70 take exceptions 10 what
Mackey had said regarding the des
or the part Of himself au1 his C
leagues 10 have the pOolroom run
order that money might be mIdc
tncir fees.
what Mr. Mackey says in that
fsirO is absolutely untrue" he said.
- did not mean 70 charge that"
piled Mackey 1T was simply a res
OF Ieasonirg.E
well, I cannot understand "
method Of reasoning" said Mr.. G.
lin. but 1 will accept your explaI
ton"
Here Mr.. Burke waXed facetiOus.
Surely. Carlin.' he said turning
his colleague with mock gravity. y
did not think Mackey meant that? Y
did not take him seriously. did your
Court Adjourns.
And then the hearing came 20 clo
Judge Nicol adjourned court, and 81
after left town I'm answer to a telegr
notifying him Of the illness Of a frie
Counsel for the defense left the cOu
room in company with Mick Hill. '
had been listening TO all that went
from a seat I'm an inconspicuous y
Of the room, and several newspa
men Mr.. Mackey left with several oil
newspaper men. and took an early n
for WASHINGTON.
there was, 81 course, n difference
opinion as TO what the results Of
hearing show. Some held that Macl
was being badly beaten by Smi
Burke. and Carlin. while others t.
the opposite ,i-w.
These Reid that the gLIOoling and l.