Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-11

bling resort for betting on horse
races, has been closed for all time,
and its promoters have given as
surances to the circuit court of
Alexandria county that operations
will not again be attempted in the
county.
Special Correspondence of The Evening Star.
ALEXANDRIA, Va, January H. 1905.
The pool room at ST. Asaph is closed for
ever according to assurances given yester-
day afternoon about o clock before Judge
Ncol in the circuit court for Alexandria
county. Commonwealth Attorney Crandail
Mackey has triumphed in his long fight for
the suppression of the place. After months
of painstaking perseverance, in which
every available obstacle at law was skill
fully placed in his way, he has at last
forced the st. Asaph resort to the wall. The
victory, it is claimed, means that AleXan-
dria county will be rid of every gambling
den which has heretofore fourished within
its borders The abandonment OF the feid
by the St. ASaph promoters is accepted as a
clear demonstration that the provisions Oh
the law are operative against such business
as has been conducted at that place ana IN
other similar establishments in the county.
Since the Old Dominion Telegraph Com
pany will no longer operate at st. Asaph,
the Virginia Telegraph Company will not
be permitted to do further business at
Jackson City. An order to this effect has
been issued by Mr.. Mackey. Sheriff Palmer
is directed to see that no business is done
there today or hereafter. The sheriff had
not arrived there this afternoon at o clock,
but Mr.. John Nelson, the alleged proprietor.
intimated that he would make no legal
fight over the matter.
The traffic of illegal liquor selling has
already been practically cleaned up by Mr..
Mackey. He announces the determine ton
to keep Alexandria county free from these
various forms of vice and lawlessness dur
ing the remainder of his term of office. He
is today receiving congratuiatory messages
from people in Virginia and elsewhere, who
have been watching his legal fight with the
grea test concern.
According to the assurances given Mr..
Mackey, and Mr. Frank Lyon. who has
been assisting him in the recent proceed
ngs, John M. Hill and his associates will
never make another attempt to open their
POOL room in Alexandria county. This
pledge was made by Attorney c. c. Carlin
of counsel for the defense in the presence
OF Judge Nicol,, Attorney Mackey and At
torney Lyon. 1t was corroborated after
consultation between Mr.. Carlin and At
tcrneys Francis L. Smith n and Edmund
Burke, associates in the defense, and John
Nj Hill, the principal defendant The
agreement followed a long informal dis
cussion in the presence of the judge, in
which he took part. At it's conclusion the
attorneys returned to their seats, and Mr..
Mackey addressed the court saying he
believed that in the interest of law and
order the demurrer under considera ton
should go over until the next term of court
This announcement from the common
wealth attorney created great surprise
among the citizens in the court room, who
We're then unacquainted with the agree
ment between counsel Mr.. Mackey. how
ever, went on to explain in a few remarks
that his motion was for a suspension of the
proceedings in view of the closing of the
pool rooms. He said that the prosecution
was not discontinued and that nolle pros
would be entered. If the permanency of.
the closing had not been demonstrated at
the next term of court he said, he would
at once reopen the prosecution along the
lines heretofore employed. In accordance
with his motion Judge Nicol entered an
order continuing the demurrer to the in
dictments charging John NJ. Hill, Louis
Bargen and Charles Burlingame with set
ting up a gaming table until the next term
of court which meets in the latter week in
February.
Also Concerns Barkeeper.
The agreement reached between counsel
also concerned the case of Louis Murdoch,
who was convicted and fined 5000 by the
jury, to which the court added sentence
Of thirty days in jail on the charge of SELL
ing liquor without license at the st.
Asaph pool rooms. Mr.. Mackey agreed to
have the fine reduced to $500 and the SEN
tence annulled. No order to this effect
was entered by the court, but Judge Nicol
promised to ask Governor Montague to
take the desired action. He also extended
the time allowed counsel for the defense
in which to file their bill of exceptions,
should they still find reason to take that
course.
The court room contained many citizens
of the county at 3 o'clock yesterday after
noon.when Judge Nicol announced that he
was ready to take up the demurrers
warm legal battle was expected, as both
sides had made exhaustive preparation.
But slight delay occurred while Mr..
Mackey and Mr.. Carlin were putting the
final touches to their preparation by con-
sulting law volumes in the same room
This offered the opportunity which led to
the agreement
Mr.. Mackey states that he had no idea
OF making any suggestion to the opposing
counsel looking to a settlement, but that
the negotiations We're opened by a question
from Mr.. Carlin. in which he desired to
know IL 1t was the wish of the prosecuting
attorney to put the defendants in tail Mfr
Mackey replied that his sole purpose was
to rid the county of the st. Asaph pool
rooms, whereupon the conference developed.
with the result above stated.
While it was the principal concern of Mr..
Mackey to get the pool rooms out Of the
county for all time. he was curious to know
where the promoters proposed to open pp
again, If at all. Mr.. Carlin told him he
stated, that Alexandria city would not be
chosen as the place for further op pera tons.
Beyond this counsel for the defefidants de-
ciihed 10 speak concerning the plans of his
clients. ~
In Operation Ten Years.
The pool rooms at st. Asaph have been
in operation for the past ten years After
horse racing at the place was prevented by
an act of the legislature of Virginia the
rooms continued TO thrive under the alleged
management of the Old Dominion Tele-
graph Company, through which. 1t was al
legged. bets taken at st. Asaph were re-
corded at point in West Virginia upon
horse races at various places IN the United
States This business was conducted 1t
was understood, at great financial profit to
the promoters. Every day the rooms were
Era -