Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-24
GIVEBOND FOR HEARING
DEFENDANTS IN KENILWORTH
POOL ROOM CASE.
Hearing Before Magistrate Carr at
yattsville-Counsers Exceptions
to MI. Mallery's Statements.

| wall, president OF the Maryland
Telegraph Company, and Percy T. Pun
! phrey owner OF the property upon which
| the Kenilworth pool room stands. ap-
| peared before Magistrate Arthur Carr at
| Hyattsville this morning and responded to
| the charge of alleged violations of the gam
| bling laws. Counsel waived examina-
| ton and gave bond for the appearance of
| the defendants at the October term of the
| court. Allen w. Mallery. who has taken
so much interest in the fight against the
| pool room, was on hand at O'clock when
| the was called, but the states attorney
was not in attendance
In view of the fact that counsel had sig
! nified the intention of waving a hearing, it
was deemed unnecessary for the legal rep
| resentative of the county to be present
| Attorney Duckett, who was mentioned as
| special counsel for the people making the
fight against the pool room people, did not
appear this morning, and it necessary
for Mr.. Mallery to appear in the double role
of prosecuting attorney and witness. With
counsel waving examination there was
| nothing left for the magistrate to do but
to hold the defendants for court and fix the
amount of bond.
Attorney Robert w Wells of counsel for
the defense called the case to the attention
of the magistrate and stated that his eli
ents had been brought into court several
times upon this particular charge Several
cases have been filed against the defend
ants he explained, and they are under
about $1,000 bond each. This amount he
stated, is enough to insure their attendance
at the October term of the court, and that
Is the only reason bond is given. Last
Tuesday, he stated, the defendants went to
Marlboro and renewed their bonds in the
other cases. Judge Merr!ck, he suggested
evidently thought the amounts heretofore
fixed ample for he had them qualify
| in the amounts the ma gstrates had fixed.
Suggestion by Counsel.
eff this were the first time they had APP
peared,' said counsel, Il would not ask
your honor to do other than fix the bond at
an amount calculated to insure their at
tendance This, as your honor well knows.
has already been done by other magistrates.
and I think your honor should require no
further bond of them, but should take
their personal recognizances."
Mr.. Mallery," said Magistrate Carr
| what have you to say about this propo-
siton?"
Il think the bond should be the same as
it was In the other cases. was Mr.. Nal
lery's response
Attorney Hoover said he thought the
court should adopt the suggestion made
by his brother attorney He said the Con
stitution of the United States and that of
the state of Maryland expressly state that
excessive bond shall not be required, and
he thought the bond given by the defend
ants at Upper Marlboro this week should
be sufficient.
The defendants are reputable citizens of
the state of Maryland" he stated, and are
in legitimate business. They have given
bond for their appearance and are anxious
to appear and have the court pass upon the
legality of their business.
Mr. MalIery said that the bond heretofore
given by the defendants was merely noml-
nal
What do you mean by nominal?' in
qured the magistrate.
Mr.. Mallery explained that he meant that
IL I, Il aan INord lIa
they would not mind throwing away $3.50
or 81 $50 upon a bond. and said that the
question of So $50 to them would be moth
ing in comparison to jail sentence.
Mr.. Wells Objects.
Il object to such a statement said Mr..
Wells "as there has never been any sug-
gestion that these men want to escape
trial in Prince George county. Judge Mer-
| rick had them before him this week and he
| did not see fit to increase the amount of
bond the magistrates had fixed. Only Mr..
| Mallery and two three others seem to
| think that there is anything extraordinary
| about this case"
| Counsel referred to Mr.. Mallery the
| "priVate prosecutor in the case, and said
| there was nothing in the clamor for
| heavy bond to appeal to sense of Justice
Attorney Hoover suggested that 1t was
| a bad thing for Mr.. Mallery that he had a
smattering of legal knowledge, and inform
| ed him that the law presumed innocence
until guilt had been established. His cl-
| ents he stated. have good defense and
will present it at the proper time and place.
Enters Disclaimer.
| Mr. Mallery disclaimed any smattering of
| legal knowledge and said he was merely in
| court to represent the citizens who are
clamoring for justice. He said he under
| stood that one of the defendants had been
| driven from another jurisdiction where he
| had been engaged in similar business.
| Il object to any such statement being
made said Attorney Wells, and it is not
| true. He acquitted
| Magistrate Carr ruled that the objection
| well taken and told the prosecuting
witness that he must not indulge in such
attacks in court.
| The magistrate said he would take into
| consideration the amount of bond that had
! already been given and would fix the bond
in this case at $3.50. The bond was given
as stated. There now four charges
against each defendant and the cases are
to be investigated at the October term of
the court. In no case is the sheriff or other
| peace officer of the county complainant.