Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-07
HEAVY FINE IMPOSED
Barkeeper at st. Asaph Pool
Room.
ALSO JAIL SENTENCE
LOUIS MURDOCH FOUND GUILTY
BY ALEXANDRIA COUNTY JURY.
Deliberated All Night-Eforts of De-
fendant's Counsel to Have
Verdict Set Aside.
ALSO JAIL SENTENCE

L wv lllOuSdIlu uOlldl ullC, ~
which Judge Nicol added thirty days
in jail, was the verdict of the Alex
andria county. jury today in the case
of Louis Murdock, who had been on
trial for selling liquor at the St.
Asaph pool room.
The jury was out all night, and
when the announcement of agree
ment was made this morning the
result came as a decided shock to
counsel for the defense, who made
an Intellectual effort to have the YER
dict set aside.
This decision is considered quite a
great help to Commonwealth's At
torney Mackey, who is making a
determined effort to clean up the
gambling dens in Alexandria county.
Special Correspondence of The Evening Star.
ALEXANDRIA, Va, January Z 1905.
verdict of guilty as indicted on two
counts was rendered this morning by the
jury in the case of Louis Murdock, in
dicted in the circuit court for Alexandria
county for selling liquor without a license
at ST. Asaph. On each count the jury
imposed a fine of $1,0OO. The verdict was
announced by Foreman Lightfoot, after an
all-night's session by the seven men. It
was accepted by the court whereupon At
torneys Burke and Carlin at once moved
to have IT set aside IN the fbaf the
fine was excessive. They moved for new
trial, with suspension of judgment.
The argument of these points was some-
what prolonged. Mr. Burke said the fine
might as well be $4,000 as $1,000, since, he
claimed the defendant was altogether un-
able to pay this amount. "In imposing such
a fine as this" said Mr.. Burke, 1.-The jury
must have been controlled either by passion
or prejudice" The minds of the jurymen
he thought, must have been inf1amed by the
statements of the prosecuting attorney.
Replying, Mr. Mackey complimented the
ter in returning the verdict. During the
discussion Mr.. Burke referred to the ver-
dict as phenomenal, and Mr.. Carlin said
he had never seen anything like it drawn
If there was any tntimation that the jury
had been tampered with.
IF anybody has interfered with the
jury" he said, very positively. Il certainly
will put them in JAIL no matter who they
may be-" The attorneys for the defense
denied having intended any such intima-
ton
Judge Nicel finally decided that there was
no ground for setting aside the verdict,
which he sustained, announcing that in ad-
dition he would impose a punishment Of
thirty days in jail Exceptions were noted
by counsel for the defense. and a lengthy
discussion concerning the question of bond
was entered into. The point remained un-
settled at the time this report closed this
afternoon.
Locked Up All Night.
Being unable to agree upon verdict after
deliberation of hour and a half the
jury was yesterday detained by the sheriff
over night by order of Judge Nicol. 1t was
the opinion of those at the court house
during the hearing that this course, though
somewhat unusual. was thought advisable
by the judge, owing to the Importance
which attaches to the case by reason of its
connection with the fight of Commonwealth
Attorney Mackey against gambling and un-
lawful liquor selling in the county. The
order of the court was therefore, heard
with pleasure by most Of the citizens pres
ent. 1t was understood that the jury
stood six to one for conviction.
The claim of the accused that his actions
were lawful as a member of the Hiawatha
Pleasure and Social Club. 1t appeared
made a somewhat complicated case In the
minds of the jury, for Foreman Lightfoct
last evening told the court that he thought
the jury might reach a conclusion with
further instructions on what constitutes
bona fde club of this nature. 1t was
ccntended by counsel that Murdock mad
violated no law in dispensing liquor at the
Hiswatha Club rooms. located at St
Asaph. In defining the privileges of
pleasure and social club Judge Nicol said
1t was mot gotten up for the purpose OF
evading the law in regard to the sale OF
intoxicating liquors, or of evading the law
other respect.
The prosecution placed five witnesses on
the stand Three of them testified that
they had purchased Intoxicating liquor at
the Hiawatha Pleasure and Social Club,
though not members of that organization.
The accused was identified by one of the
witnesses as the man who had sold the
liquor. Several reports of the club setting
out lists of membership were identified by
Clerk George II. Rucker, and Revenue
Commissioner c. B. Graham testified that
no license had been granted or applied for
by Murdoch.
The defendant took the stand and testi-
fled that he might have sold the liquor,
but that if he had 1t was in ignorance
thinking he was selling to member of the
club. County Treasurer Wibert testified
that the tax of $3.50 had been paid by the
Hiawatha Club. By agreement the argu-
ment was limited to twenty minutes on each
side. The speech for the defense was made
by Attorney Burke, while Commonwealth
Attorney Mackey spoke for the prosecution
Mr.. Burke made plea for continuance,
but it was overruled by the court
To Argue Demurrers.
Next Tuesday afternoon at 2 o'clock was
set for the hearing of argument on the de-
murrer to the indictments charging John
M. Hill, Charles Burlingame and Louis
Bargin. charged with setting up gaming
table at st. Asaph. The date was set after
a discussion between counsel in which
Judge Nicol expressed the determination to
postpone the matter no longer than pos
sible. Col. Francis L. Smith of counsel for
the defense was not in court today. owing
to illness.
Mr.. Mackey this afternoon asked Judge
Nicol to appoint ]. e. Supplee a justice of
the peace for Jefferson district on the
ground that such action was required by
public necessity. The court heard the law
on the subject read and announced that
the appointment would be made, Mr.. Sup
plee being In court