Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-13
DAMAGE SUIT FILED
Arthur Wall Seeks to Recover
From A. w. Mallery.
THE KENILWORTH CASE
OUTCOME OF THE ARRESTS AT
POOL ROOM.
President of the Maryland Telegraph
Company Seeks Redress-View
of Citizens.

of Citizens.
Additional chapters in the case of the
citizens against the pool room at Kenil-
worth were started yesterday. On behalf
of the establishment suit was filed at Up
per Marlboro against Mr.. Allen W. Nal
lery for $4,000 damages The suit was fill
ed by attorneys for Arthur Wall president
of the Maryland Telegraph Company, be-
cause of the action of Mr.. Mallery, as
deputy constable in arresting Wall No
trouble was encountered in the matter of
getting a deputy sheriff to serve this sum-
mons upon Mr.. Mallery That Official was
at his house this morning long before
breakfast time
While the papers in the case were being
filed at the county seat Mr.. Mallery was
in consultation with Gov. Warfield and
was receiving the assurance that the high
est official of the state was heart and soul
with the citizens in their fight against the
place that has given them much con-
cern. When seen by a Star reporter this
morning, Mr.. Mallery did not seem the least
bit disturbed over the suit. He certainly
had no idea that he was going to take that
amount from his pocket and turn It over
to the alleged proprietor of the Kenilworth
resort without a legal fight.
"Tu give them a chance to get $4,000
from me this afternoon" was the remark
of Mr.. Francis S. Carnody. I'm ready to
go there today and serve warrant If the
ma gistrate will deputize me to serve one"
And" added Mr.. Malery, "Tll go with
you and assist in making the arrest
Return to Be Made in June.
The summons served upon Mr.. Mallery
it,,
court the third Monday in June. 1t is said
by those connected with the citizens asso-
Citations that they regard the filing of the
suit as bluff and an effort to gain time.
1t is the intention of the associations to
prevent this, however, II they possibly can,
and they are relying upon Judge Merrick
to assist them by calling a special session
of the court
Another letter has been sent to the Judge
further explaining the situta ton and asking
that the grand jury be convened in the near
future in order that an effort may be made
to close the pool room
While Mr. Wall claims damages for his
arrest, the residents of Kenilworth and
vicinity are gathering evidence to show
what damage has been done property In
their neighborhoods by locating the resort
there.
Mr.. Mallery's visit to Gov. warield yes
terday proved very satisfactory one The
governor was not at Annapolis when Mr..
Ma1leTy ana MI. hIlSnl reached IHeTe, Uut
had gone to Baltimore. They followed him
to that city and found him in his office.
He had already been made acquainted with
the facts and showed deep interest in
the fight that is being made. He asked that
the statement of facts be made in writing
in order that he might refer the matter to
Attorney General Bryan. Mr.. Mallery COM
piled with the request, and expects that
Attorney General Bryan or one of his as
sistants will be designated to appear in
court at Upper Marlboro to assist In the
prosecution.
Referred to Mr. Bonaparte.
At the suggestion of Mr. Carmody the
matter will also be called to the attention
of Mr.. Charles ]. Bonaparte, president OF
the Reform League of Baltimore. II Is be-
Ueved Mr. Bonaparte will take an interest
in the fight and render personal assistance.
Members of the associations have reached
the conclusion to employ counsel for the
purpose of having him assist them in their
fight and also to assist the states attor-
ney. The name Of Mr. Crandall Mackey,
commemorative attorney of Alexandra
county, Va, was suggested as one who Is
familiar with the matters to be considered.
At the time Mr.. Mackey was fighting the
gambling element in Virginia he did not
sit quietly by and walt for the citizens to
make the fight When he learned of what
was going on he procured information and
swore out warrants. He procured nine
teen warrants in one day and called on
Gov O'Ferrall for aid. The latter fur
nished him with eight deputies, and sue
cesSful raids followed.
MAGISTRATE Elon Behrend who issued the
warrants against Arthur Wall and Percy
Pumphrey this week, has asket States
Attorney Magruder to be present at the
hearing Monday morning. He received
response to his letter in which the states
attorney gave notice that he would ask
for jury trial on the part OF tn, state.
In his letter he suggested thar the magis-
trate could bind the men over TO the Octo-
ber term of court. The magistrate is not
so certain that he will take this action,
however for he realizes that Judge Mer-
rick may hold a spe,-al session of his
court, and he does not want to make cut
any papers which may conflict with any
order that court may make. Today he sent
the states attorney dispatch in which he
repeated his request that the latter should
not fail to be present at the hearing Mon
day.
Views of Virginia Prosecutor.
Mr.. Crandall Mackey. commemorative
attorney of Alexandria county. Va. is
somewhat interested In the fight that is
being waged against the pool room, because
most of the people interested were con-
nected with the resort across the river at
ST. Asaph. When spoken to by Star re-
porter he freely expressed himself as being
of the opinion that the alleged claim Of
sending the bets to r. P. Lee & Co. at
Harpers Ferry has absolutely no bearing
upon the case whatever. He pointed out
that the Maryland law against the making
of books upon the races is much broader
than that in Virginia. The law in Virginia,
he said. had loophole, but the Maryland
statute covers the offense so clearly that
there can be evasion.
Mr.. Mackey points out that there IS abb
solutely no loophole in the law. While he
objected to acting as counsel in the case
for the citizens association he said, he is
willing to do all he to assist it in
getting rid Of what he termed "rui-
sance' He suggested that the citizens
might proceed against the place as a COM
mon law nuisance, and explained how the
charge might be brought. Mr.. Mackey said
he had read with more than ordinary in
terest the accounts of what has been going
on at Kenilworth, and some of the optec-
tions that had been made had a distinctly
Alexandria county sound to them.
Yesterday afternoon there was the usual
large attendance at the pool room, and bet
ting was carried on as usual. Magistrate
Behrend's Injunction that the business
should not be carried on pending the hear
ing was ignored by those who are backing
tho horses. Money transfers were sold as