Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-20
THE COURT. SURPRISED
JUDGE MERRICK's COMMENT ON
POOL ROOM VERDICT.
Special Dispatch to The Star.

Special Dispatch to The Star.
UPPER MARLBORO. Md, October 10
Very much to the surprise of Judge Mer-
rick and the prosecuting officers the jury
IN the kenilworth pool room case returned
verdict of not guilty last night against
Arthur Wall, president OF the Maryland
Telegraph Company. When the court re-
fused to admit the documentary evidence
or the part of the defense 1t was thought
by the prosecution that no loophole had
been left for the defense, but the verdict
OF the jury dispelled this idea, and the
pool room people came in for hearty con-
gratulations last night.
When the court convened this morning
Attorneys Rogers, Burke and Wells were
on hand for the purpose of proceeding with
the trials of the other four indictments
against Wall and one against Percy fumpn-
rey, the owner of the Keniiworth property
States Attorney Magruder and Van Clagett
for the state. had no idea of going ahead
IN view of what had TRANSFERRED yesterday.
The jurors, as judges of the law and the
fact. had decided the business at kentl-
worth to have been legally carried on.
States Attorney Magruder told Judge
Merrick this morning that he did not share
the views of the jurors. For this reason
he said: II move the court that the other
cases be continued until the October term
of the curt
Attorneys Enter Protest.
Attorneys Rogers and Burke protested
against such course being taken, and
argued that It would be a violation of the
constitutional rights accorded persons
charged with crime. They expressed sur
prise at the reason set forth by the states
attorney for continuance, and argued that
such action on part of the court would
prove a hardship upon the defendants.
They are in court argued counsel, land
are entitled to speedy trial The fact that
a jury has decided that the business at
Kenilworth Is legal Is certainly no reason
why the court should grant an extraordi-
nary motion
After expressing surprise at the verdict.
Judge Merrick said he would grant the mo-
ton without any hesitation. Commenting
upon the case. Judge Merrtck said:
Il want to say to the defendant that the
jury has brought IN a verdict of not guilty;
that does not necessarily mean that the
party accused did not commit the offense
charged against him. 1t may be that he
had the benefit of doubt. 1t may be, as
probably was the case, that the Jury did
not think the offense was committed.
Il want to say that the court was amazed
at the verdict of the jury. In view of the
testimony. l cannot see how II was DOS
sible for them to have reached that conclu-
sion. but that Is a matter with them
II will say that. having heard all the tes-
timony here yesterday. / will warn this de-
PENDANT that he had better be cautious, for
as far as the power of this court can reach
when 1t is legftimateiy extended, and every
effort that this court can use within the
bounds OF law and right VIII be exercised to
break up this business, that, upon the testi-
nony of sworn witnesses yesterday. has
been carried on In Prince George county.
when you give bond for your appearance
In court you win be discharged"
It is not known what the plans Of the pool
room operators arc AZ to future business.