Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-09-17
Accused Declared Not Guilty,

The cases against five persons
for whom separate warrants were
sworn out charging separate Oh
fences, all relating to the opera
ton of the alleged pool room at st.
Asaph. were called before Justice Haney
in Jefferson district, Alexandria county,
this morning at $3.50 O'Clock for trial.
Justice Haney stated that in view OF the
importance of the cases, and OF his lack
of experience as II justice of the peace,
he had invited to sit with him in
the cases, Justice East, Of Arlington dis
trict, and II. G. Jones, of Jefferson dis
trict. This, the justice explained, was
by virtue of authority of an act OF the
Assembly which empowers justice OF
the peace to invite other justices OF the
county 10 sit with him. 1t was ex-
planned that Justice East had formerly
been Circuit Judge OF the State OF OHIO
and was lawyer ofexperience and prac-
tice. Mr.. Mackey, representing the
prosecution, objected to Mr.. East
upon the ground that he was not
a resident of Jefferson district but
Justice for Arlington district This OBJ
lection was Overruled and Mr.. Mackey
then objected to Mr. Jones upon the
ground that he (Mackey) had had two
conversations with Mr.. Jones some time
ago with reference to ST.. Asaph, in which
Jones had expressed an opinion. At this
point, Mr.. Jones interrupted him and
Stated that the opinion he had expressed
was that if the legal claim of the st.
Asaph people was correct, they then
were not violating the law. lie, however,
stated he had never heard any OF the
testimony, nor had he made any investi-
cation as to the correctness of the claim
of the defense. He had read the news
paper accounts but felt that he could give
a fair and impartial trial, whereupon,
Mr.. Mackey's objection to Mr.. Jones was
oyerruled and the court was proceeded
to hearing when Mr.. Mackey an
nounced that he desired a few minutes
to confer with certain members of the
grand jury who we're present. The
grand jury referred to is the one
which was in session some months ago
and visited st. Asaph. After confer
ence, Mr.. Mackey stated that he had de-
cided not to offer any testimony and
would withdraw from the case. At this
point a conference was had by the at
fprneye for the defense, Messrs. Smith,
Burke and Carlin, at the conclusion Of
which, Mr.. Burke arose and insisted
that in view of Mr.. Mackey's position,
declining to put any testimony upon the
stand. and as the accused were in custo-
DIV and before the Court, that he had a
right to ask for an order acquitting them
and that the only judgment of the court
must be a judgement of acquittal. A
discussion then followed which was par
ticipated in by all of the counsel.
Mr.. Mackey then changed his
position and asked to be allow
ed to enter q nolle prOsequi. 1t
gss contended by the defense that the
court had the power to grant TINS re,
quest. provided Mr.. Msckey furnished
good reasons therefor. The Justices
gave Mr.. Mackey an opportunity to state
his reasons, but he did not offer any,
whereupon the justices stated that they
would retire and consult. Upon re-
turning 10 the court room they had the
sberiff call the accused before them and
Justice Haney then announced that the
court was unanimous in its opinion thai
the accused were entitled to judgmen
Of .snot Ouilty." which was accordingl!
entered and the accused were dis
charged. There was only small . or crow W
present and it would seem that the IN
terest which was at first manifested II
+base cases has disappeared.