Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-06
COURT IN THE COUNTY
HEARING IN ST. ASAPH POOL
ROOM CASES.
Question of the Alleged Sale of Liquor
Without a License--John
Dempsey Held.

Special Correspondence of The Evening Star
ALEXANDRIA, Va, January G. 1905.
Proceedings in the cases of John NJ Hin
and others, charged with setting up a gam
ing table at St. Asaph, which took a SEN
sa tonal turn yesterday by the allegation
made in open court by Commonwealth At
torney Mackey that emissaries OF the st.
Asaph establishment had attempted to
bride him to stop the prosecution will be
resumed this afternoon in the circuit court
for Alexandria county, Judge Charles e.
Nicol presiding
Though the hearing had been set for this
morning 1t not taken up then owing
to the prolOngation of another matter be-
fore the court 1t is likely that the argu-
ment will be continued until late this even
ing, Judge Nicol will not hold court to-
morrow.
Both the attorneys for the defense and
Prosecuting Attorney Mackey had prepared
TO thoroughly contest every point involved,
and ii is predicted that a spirited legal bat
tie will occur before the court passes upon
the issues. Further allegations of a star
Ting character. it is understood, will be
made by the commonwealth attorney. The
three indictments are drawn, respectively,
j against John NJ Hill. Charles Burlingame
and Louis Bargen, all of whom are charged
with setting up gaming tables.
Liquor Without LicenseP
Liotu9SAOH ViI special pledS 10 the lIlQiCl-
ment charging Louis Murdoch with selling
liquor without license was heard this
morning by Judge NicoI Attorneys Francis
L Smith. Edmund Burke and C. c. Carlin,
counsel for the defendant, entered three
pleas.
They first set up the claim that the
place at st. Asaph mentioned in the indict-
ment was within the Jurisdiction of the po-
lice magistrate of Alexandra city. This
plea was not pressed counsel stating that
they were not fully informed as to the
scope or the recent decision of the cour. OF
appeals holding that county magistrates
have jurisdiction within the mile-limit Of
cities.
The second plea related to the qualifica-
ton of grand jurors. Counsel claimed that
the jury in the case had not been sum-
mcned by the clerk according to law.
The law provided. 1t was contended, 1or
the judge of the court to direct the clerk
TO summon certain number of citizens
dor jury service according to the popula
ton of the county, and for the clerk TO
select an equal number from each magis-
terial district. No objection found to
the order of the court, but the action of
the clerk in summoning jurors according
to the population of each district was at
tackled.
The court sustained the demurrer to the
plea, holding that the meaning of the law
had been properly interpreted by the court.
he third count set up the contention that
the defendant had acted within his lawful
rights member of the Hiawatha Pleas
ure and Social Club. an organization char
tered by the corporation court at Alex
andria city.
The motion which was made by the COM
monwealth attorney to strike out the plea
was sustained by the court. whereupon
jury was impaneled to try the case which
was in progress when this report closed.
Tilt Between Attorneys.
During a discussion yesterday afternoon
in,
tilt occurred between Prosecuting Attor-
ney Mackey and Colonel Francis l.. Smith
of counsel for the defense in the course
of which Colonel Smith invited Mr.. Mackey
outside the court ROOM
Judge Nicol directed Sheriff Palmer to
prevent trouble between the attorneys The
matter was finally settled and Col Smith
and Mr.. Mackey left the court room on
friendly terms. The difficulty arose while
Col. Smith was reading from a copy of some
standard work on law when he took occa-
sion to compliment the author.
Yes, interrupted Mr.. Mackey, land he
wasn't ashamed of his clients Colonel
Smith interpreted this as meaning that he
was ashamed of those he represented and
Immediately resented it. The explanation,
however, proved satisfactory.
Case of John Dempsey.
John Dempsey, who was arrested last Sat-
urday on suspicion of being the man who
attempted criminal assault upon Misses
Esther Peverill and Beulah Ebaugh near
Arlington junction, two nights before, is
sun confined in the Alexandria county jail
on Fort Myer Heights. He has not yet
been confronted by Miss PeveriIl but it Is
the purpose of the county authorities to
have the young lady conducted to the court
house as soon as the present session of the
court is concluded for the purpose of view
ing the accused.
Miss Peverill will be asked to look over a
number of prisoners, including Dempsey
and if possible to identify the man who at
tackled her, or to point out the one who
most closely resembles him
There continues to be much doubt ex-
pressed among the citizens of the county
as TO the guilt of the accused This is
shared by Commonwealth Attorney Mackey
and Sheriff Palmer. The sheriff is now
working on another clue, which he hopes
will prove fruitful
Views of Local Sports.
Many men in this city who are cIassed
as sports" expressed themselves as being
amused when they read in The Evening
star yesterday of the statement made by
counsel for the st. Asaphs pool room peo-
PIE IN regard to similar establishment at
jackson City. Counsel asked why the
state attorney had not proceeded against
another notorious resort" in the county
his question was frank admission OF
the character of the pool room at ST
Asaphs. said one man to a Star reporter
are both alike. he added but Mr.
Mackey,s sense of justice will not lead him
TO crush out a small concern in the in
tereSt or one that is backed by men of
wealth L believe the closing of the pool
room at St Asaph's will be followed by the
winding up OF the business at Jackson City
without any expense to the state
The people who are at the back of the
big establishment at st. Asaphs" he con-
tinued. have had monopoly of the race
track gambling in this section for MANY
years Until the pool room was recently
established at Jackson City the friends of
the other place had taken a hand in the
closing or such establishments in this sec
ton Their emissaries, it is currently re-
ported, even went so far as to figure in
the breaking up of the club at Highlands,
and later at Wildwood. These places were
in Prince Georges county, Md Later a
poor room was opened on the Conduit road.
but II was short lived. 1t was charged
that some of the people connected with the
St. Asaph's pool room had a hand in the