The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-06-12
COmmonWealth'S Attor-
ney IS Again Caught
Mapping.
TRIAL BECOMES A FARCE
Matter Will Come Up on Its
Merits at Regular Term,
June 27.

| BY taking advantage of a mistake on
the part Of Crandan Mackey. Common
wealth's attorney for Alexandra coun-
L. Va, Attorneys Francis Smith. c c.
CarIin. and Edmund Burke, VINO repre-
sent John Marriott Hill anJ So ether
rroprietors Of the s. Asaph poci1oom,
gained. at the hearing of the cases at
Alexandria yesterday afternoon. an
other continuance Of the case against
their clients. The hearing vas before
Judge c. +. NicoI, Of the circuit court
The point they made was that the
nOfice served by Mackey 10 the effect
that he had filed demurrer 10 the
I writ of prohibition which Judge Nicol
granted at the request Of EIills attor-
neys. was a notice TO James H. Hil.
/ whereas the warrant which called tor
4iH's appearance before Justice OF the
Peace Hagan was for the arrest Of =
NJ Hill"
| The writ of prohibition. counsel for
Hin argued. was in behalf Of J. NJ
/ Hill. and there was no case at bar IN
which James NJ. Hin figured. Mr.. Hill
name. they told the court, was John
/ Marriott Hill
Mackey Twice Mapping.
! This is the second time the St Asaph
attorneys have caught Mackey napplhs-
They caught him at Manassas last sat
urday when he failed 70 bring the
/ original papers in the case TO court ana
/ thereby gained a weeks delay fester-
day they caught him again. for Judge
7 Nicol sustained their objection 20 the
J defective notice. with the result thil@
/ the hearing was postponed until MOI
day. June p. when the regular term
OF the county court of Alexandra
county will begin. Judge Nieol viii SIT
/ in this court and viii hear the cases
himself. Ii is true both points made
/ against Nacl1ey by Hils attorneys have
been pure technicanues and hAve--heeR
made with a view 10 delay trying the
case on its merits. Nevertheless they
were well made in both cases and each
! time the judge sustained them without
] hesitation.
The Humorous Side.
( Yesterdays seance was not without its
humorous side Instead OF begiAning at
] , O'Clock it did not begin until nearly 8.
as Judge Nicol was detained Instead
/ Of lasting until O'Clock as had been
respected. it came 90 an end shortly after
$50. All this was because Charley
CarIin nailed Alackey in the very first
round when he read the objections he
and his collea CUES presented TO Mackey' 5
demurrer to the writ OF prohibition
they had obtained 70 prevent their
clients appearing before Justice Hagan.
These objections were entwfned with
4 learned legal verbiage, winch lost none
Of its effect when IL was borne 20 the
ears of the judge. upon the soft and
gentle voice OF Mr. Carlin. The TWO
D aF.u rr.rs.s
/ the error in the name contained IN the
notice. and the want OF power on the
part of the judge 10 grant a hearing q
q writ OF prohibition during a vacation
After he had read the objections. Mr..
( Carlin expounded the law 10 Judge Nj
col, and dwelt upon the points he wish
ed to make. His talk was brief, and u
the point. ani most gracefully deliv-
cred. Then ne sat down
Mr. Burke Shut on.
Mr.. Burke, his colleague. got on his
feet. and expressed a desire TO indulge
/ in oratory He paused for minute, a
thoughtful and diguided expression upon
his countenance. Mr.. Burke is of ample
build. and his whole appearance is i'm
pressive. Fixing his steady gray eyes
upon Jr1se Nicol, ne opened up
"Befo we so further, Mr. Burke"
/ said Judge NicOl. eve win hear Mr-
NIackey's answer to the objections you
and your colleagues have presented
Mr Burke sat down.
1t was up to Maekey. but Mackey
was not quite mp TO IL He sought
| refuge in oratory;
Your honor. this Is nothing but a
/ Quibble Counsel for the defendant quib-
I bled at Manassas last Saturday. and
/ they are Quibbling now. They refuse
/ to try the case on its merits. We greed
I at Manassas TO try the case on its
merits today. but now they Quibble"
| Here Mr.. Mackey paused and studied
/ the copy of the objections which Mr.
| Carlin had turned over 10 him
They are quibbling." repeated the
! Commonwealth attorney. when he be-
\ gan again. An they want. your honor.
/ Is 10 delay the trial of these cases 50
/ the racetrack people can run their
gambling game and make money enough
/ 20 pay counsel fees.
Colonel Smith Objects.
L object your honor said colonel
| Smith rising 90 his feet.
! Colonel Smith is an elderly man. and
/ is considered one of the aoIest lawyers
at the Alexandria bar. To his door
/ is laid the skillful drawing of all the
1 papers I'm the St Asapn case as well
] as the conception of an the clever
/ maneuvering that has been done TO de-
I lay matters and block AIackey-s game
Il do not think fl proper Tor Ar-
I Mackey 10 make such statements IS
I this He made similar ones at Manassas
{ last week. and he repeats them here"
\ Il withdraw ,he statement as regards
/ Colonel smith, said Mackey. have