Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-28

him upon such a charge. His protest was
in vain, however, and he and his partner.
La Fontaine, were sentenced to pay *IO0
and serve a month In Jail.
Others who were similarly sentenced were
II. C. Kanoze. c. w. Smith, John Shipley,
John Tighe and I. A. Ryan. Ryan was en-
operator, and Shipley was the marker.
Those who were discharged gave their
names Henry De Lester, Charles Spous-
ler Frederick Williams, John Jones, James
Phillips, j. L. Phillips, j. L. Howe. s. T.
Shipley and Edward jenkins Defendants
James Phillips. Spousler and De Lester ex-
planned that they were spending the after
noon on the bridge with some friends hsh-
ing and had merely walked over to the
rooms to see what was going on.
Pleas for Release.
I'm In the hotel business" declared
Howe land it's my first visit to this place.
l had an afternoon off and thought I'd take
a walk over this way"
He made a strong appeal for his release.
and was finally discharged.
''Ill ask your honor's clemencNS said 3.
p Shipley I'm employed in washington
and had day off yesterday. l walked over
here to see the place, but m no Vagrans:
The magistrate released him, as ne old
the three fishermen. John Jones came next.
He is a carpenter, and had done some WORK
on the building. His mission there yester
day, he said, was to see II he couid sel
other employment.
]. l.. Phillips, another defendant, Is res
ident of the county. He declared in EN-,
phatic terms that he was taxpayer ana
a working man and that he would go where
he pleased.
"Didn't YOU work for the notorious J. M.
Hill % Attorney Mackey asked him. Dion
you work for him at ST. Aspah and didn
you afterward work at the pool room At
KeniIworth?" ,,,,, t. ;,
II don't know how notorious Mr.. Hill rs.
said the defendant. II always found MN
to be first-class gentleman. l WORKED u.
st. Asaph and 1 don't know but that tne
people who were there are as sooo aS 'o1
or anybody else about here
He added that Mr.. Hill had never peen
convicted of violating any law, so lar as
he knew. and that he had no knowledge
that he had ever done so. He repeated that
he is a taxpayer and business man anu
that he intended to go where ne pieaseo'
He was acquitted.
s p. Shipley and Edward Jenkins gave
the magistrate satisfactory explana tons
and were discharged. The several men VINO
we're discharged were permitted to leave
the room without delay.
Sheriff Arrives.
About the time that they were discharged
Sheriff Palmer and several of his deputies
a,,neared upon. the scene Mr.. Mackey told
hir, that he had waited at the office until
after the time set for them to start ana
thought he had been unavoidably detained.
The sheriff said there was nothing Tor MIN
to do and went away. When the Vagrancs
cases had been disposed of the magistrate
called upon Nelson and La Fontaiie ~
plead to the charges of alleged violations
of the gambling law. Pleas OF not gulity
were entered and application was made LOT
postponement in order that they mlsn.
have an opportunity to get counsel uue
their requests were denied and they were
placed upon trial informations anegins
THAT they did on the 9th day OF Septem-
Der, 1905 at place called jackson city IN
Jefferson district, in the SAID county, ui
Ia wfully keep and maintain and aid, ASSIST
and abet in the keeping and maintaining
of a common gaming house for -ucre ana
gain. and then and there did unlaWfuly
and wilfuily cause, permit, suIter anu pr
to frequent and come together for the puf-
nose of gambling. wagering and bettlng on
horse races money and other things OF
value, to the great damage ana conlliioi,
nuisance of all the good people of the sald
county in and near the common gaming
house residing and all of the other good
people of the said county thereby standing
being and passing, to the great ehcoura se
ment of idleness and dissipation and in con-
tempt of the state of Virginia and its laws
and against the peace and dignity or the
commonwealth.
And at the place aforesaid, on the 9th
dav of September. a. D. 1905, in the county
of Alexandria, Va, did keep and mann
tain and occupy, and aid, assist and abet
in the keeping. maintaining ana occupying
a common gaming house Tor lucre anu gam
and then and there did unlawfully and will
fully cause permit suffer and procure
divers idle and evil disposed persons to ire
uuent and come together for the purpose
of gambling. wagering ana neltlng money
and other things of value at game. de-
vice and Continuance called bookmaklng on
horse races, to the great damage and com
mon nuisance of all the good people of the
said county in and near the said common
I'M
good people of the said county there stand
ing being and passing, and to the great
encouragement of idleness and dissipation.
and in contempt of the state of Virginia
and its laws, and against the peace ana
dignity of the commonwealth.
Testimony of the Witnesses.
The defendants said they had nothing to
say in their own behalf. but La Fontaine
was sworn to give testimony against Nell
son. He told of Nelson's alleged connec-
ton with the business of the Virginia Tel
egraph Company, and said that Baltimore
man, named John E. Harper, and two
Washington men, named Sanderson and
Foster. were also connected with the firm.
The company, he stated, had an Office in
the Home building in Baltimore. All the
commissions accepted, he stated, are tel
egraphed away.
The telegraph operator, Ryan, was also
examined. 1ne case was ulSpOSeu OF Dy the
imposition of the heavy fine and jail SEN
tence as stated, and the defendants
gave notice that they would APP
peal both the gambling and vagrancy cases.
Some of those who were held under the
vagrancy charge also gave notice that they
would appeal. The session of the magis-
trates court was concluded by the magis-
trate deciding to hold some of the wit
nesses under bond for their appearance in
court at the trial.
After the business had been finished the
commemorative attorney wanted to know
If 1t was the intention Of the company to
open for business today, and Defendant
Nelson said he was unable to answer the
question. There had never been a decision
upon the question of the legality of the law,
he said, and he was anxious to test it.
Mr.. Mackey told him his plan was to have
the raid made by officers yesterday and by
citizens todayif the rooms were open for
business The St-Asaph room was mentioned
and Mr.. Mackey assured Nelson that If Mr.
Hill or any other person attempts to re-
open that room he will get the treatment
that had been given him (Nelson) yesterday.
He also said he will charge all the players
with vagrancy. He expressed regret that
yesterdays raid had been tipped Off and
that there Were but few persons in the
room when the raid was made