Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-17
Unexpected Ending of Pool
Room Gases
HEARING THIS MORNING
COMMONWEALTH ATTORNEY
DECLINES TO PROCEED.
Objected to Magistrate Haney's Action
in Calling in. &zsociates-
Spirited Discussion.

CT andall Mackey of Alex ndria county. Va,
for the suppression OF ,.e pool rooms at
st. Asaph on the charge that they are be-
Ing conducted in violation of the laws of
Virginia against gambling received tenn
porary check this morning, when an order
was entered by a magistrates court. sitting
In Jefferson district, oisnissing the war
rants against John NJ. Hill. Fora Hill,
Frank Hill. Lewis Bargen and Charles
Burlingame, charged with gambling.
The decision of the court is final as to
the warrants which had been sworn out
and executed in the several cases, but it
will have no bearing. 1t is stated, upon any
further proceedings that the commonwealth
attorney may institute against the st.
Asaph establishment statement to this
effect was made by Mr.. Mackey, and also
by Judge East, one of the associate jus
tees. after the warrants had been disposed
of. 1t is Mr.. Mackey's intention to pro-
coed with his movement against the pool
rooms until he secures the closing of the
place or until 1t is finally settled in the
courts that the business being conducted
at ST Asaph Is not within the prohibitive
scope of the anti-gambling laws of Vir-
ginia.
The warrants were served Thursday after
noon by Sheriff Palmer of Alexandria
county. They were made returnable before
Justice of the Peace j. F. Haney, who had
released the accused on bond in the sum OF
$500 each for their appearance before him
this morning at $50 o'clock in the Mount
Vernon Avenue school house In Del Ray.
At that hour the school room contained
large gathering of the citizens of the
county. including all of the members of the
grand jury. who had been severally respon-
sible for certain evidence. touching the
business being done at St. Asaph, for the
use of the commonwealth attorney.
The Charges Preferred.
John NJ. Hill was charged in the warrant
with keeping common gaming house.
which is an offense coming under the COM
mon law. Fora Hill. Frank Hill and
Charles Burlingame were charged in the
warrants with race-track gambling. Lewis
Bargen. who is said to be the manager of
the pool room. was charged with setting
up gaming establishment under the de-
nomination of commission betting on horse
racing Buriingame is said to be tele-
graph operator at the place.
All of these parties were in the court
room this morning. They were represented
by Attorneys Francis L. Smith Edmund
Burke and Charles C. Carlin. Common
wealth's Attorney Mackey alone appeared
for the state. Associated with Justice
Haney were Justice A. B. East Of Airing
ton district and Justice H. Clay Jones of
Jefferson district
In opening the court this morning Justice
planning his reason for calling upon Justice
Jones and Justice East to be associated
with him in the hearing of the several
cases. Justice Haney stated that he had
mad so little experience in legal proceedings
that lie felt he was incompetent to pass
upon the important questions anticipated
without the advice of some magistrate of
more mature experience. The cases he
said. involved many complicated and difH
cult questions of law, and he referred to
the great monetary. interests depending
upon the issue of the trials. Furthermore
Justice Haney declared that the honor and
fair fame of the commonwealth would he
aHected in a measure by any mistake
which might arise from inexperience in
the conduct of the cases. He believed that
Tor him to proceed to try the charges would
be farce and burlesaue upon Justice In
gaming otherS to his aid. the magistrate
declared. he had been influenced by no one.
Mr.. Mackey's Objections.
Justice East and Justice Jones then took
their places on the bench. Commonwealth
Attorney Mackey at once made objection
referring to the scruples Of the presiding
justice on the ground of incompetency. Mr..
Mackey declared the rules of evidence to
De simply rules of Justice and common
sese' LOT winch the comprehension and
AFFINITY OF the average citizen were sun-
c!eht: such. he said. had been the opinion
OF the state legislature when acts were
passed providing for the trial of certain
cases before county magistrates He called
attention to the act under which the war
ants IN question We're -ssued. and pointed
OUT that IL was thereby made necessary for
the nearing to take place before rnopis
trate TO whom they were made returnabI
ana residing in the district where they were
ISSUED he therefore objected to the as
soclatlon of Justice East of Arlington DIS
trict IN the case VA "-"
RAD Ii been lawful for any magistrate
from aTo another district to be brought in, said
tar, Mackey, he would have greatly pre-
ierred to have Justice Hagan out of whose
hands the original cases were taken after
extended proceedings before Judge Nicol In
the circuit court for Alexandria county
III, aI. Hlackey SAID his objection to Justice
Jones was of a personal character He
then related conversation he had bad
with Mr.. Jones several months ago in
Whlch the latter had expressed opinions ia
ing conducted at the pool rooms at st.
Asaph- He believed Mr.. Jones' mind had
been made up, and thought he could do
nothing to change It.
argue before a court where one man has
made up his mind. and / don't care to
argue before a court where one member
is disqualified"
Magistrate Jones Explains.
Mr.. Jones then got up to explain his DO
sltion. He recalled the conversation al
iuded to. but modified 1t somewhat as
quoted by Mr. Mackey. He denied that
he had made up his mind upon the sub
ject.
Attorney Burke of counsel for tho da
Iense argued that both Mr. Jones and Mr.
f.ast We're properly qualified to be asset
ated in the proceeding
Jusuce Haney sustained this contention
"nsreupon Mr.. Mackey held a consulfa tion
with each OF the members of the grand iurv
VINO had personally secured evidence sever
al months ago. intended to be used in the
nearing or the cases against the promoters
ana managers OF the st. Asaph estahbsb
meht' In few minutes talk he re-
turned. announcing that he had determined
hot 10 enter into the prosecution of the
cases before the court
ms statement caused surprise to the At :
torneSs Tor the defendants who said they
were unprepared for it, and asked for ;ime
Tor consultation. Later they presented q
motion that each of the defendants be a :.
quilted. "
Mr. Mackey opposed this stating that the
cases had not been opened; that the de-
PENDANTS charged in the warrants had not
been arraigned. and asking that an order
be issued dismissing the matter without
prejudice.
After q recess the court called each of
the defendants before IL and announced an
order dismissing them. Mr.. Mackey made
a point of the fact that none of the de-
iendants had been formally arraigned and