Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-11
tween the hours of . and o'clock. over

The legality of the enterprise was fire.
auently questioned and nssailed by former
Mayor George L. Simpson Of this city, who
endeavored to break up the place. but at
that time there waS no prosecuting move
ment against 1t in the ceunty, and the pro-
moters managed to escape by claiming ex-
emption from the jurisdiction Of the city.
II was not until the election OF Crandall
Mackey as commonwealth attorney for AL
exandria county tIfat the present success
ful crusade was launched against them.
The assurances to the voters upon which
he conducted his campaign contained posi-
tive pledges that, II elected he would rid
the county OF st. Asaph and other similar
resorts il there was su151cient law to do It.
1t was no secret that money was scattered
in prOfusion to prevent his success, which
aim was almost accomplished. as it was
finally found on recounts that he had two
votes in excess Of the number of his oppo-
nent.
AS soon as Mr.. Mackey became settled in
his office he directed his attention with
great energy to the performance of the
pledges he had made. The fight which he
opened against ST. Asaph continued with
varying success.
Instituted Proceedings.
He instituted proceedings alternately in
the circuit court and in the magistrates
court for Jefferson district, and in both
Attorneys Francis L. Smith, C. c. Cariin
and Edmund Burke, counsel for the de-
for the time balked the movement
Mr.. Mackey finally went to work to draw
indictments which could be tried only in the
circuit court He finally framed three in
Louis Bargen and Charles Burlingame,
charging them with setting up gaming
table. In full the indictments charged the
three men with setting up a, a,gaming table
of the like kind as keno, under the denomi-
nation of bookmaking on horse races, and
of the like kind as faro, and of the like
kind as keno and faro under the denOmi-
nation of commission betting ON horse
races" These indictments were found un-
der chapter 1877 of the. code OF Virginia,
which provides that offenses charged there
in may be tried by the circuit court. The
question raised by the term "of the like
kind" Mr.. Mackey held to be one for the
consideration of the jury
1t was not necessary, according to his po-
sltion, to show that there Is any resem-
blance between bookmaking and faro and
keno, In SO far as the rules and regulations
of these procedures and games are con-
cerned, but only that the chances of VIM
ming and losing are similar. When con-
frOnted with these legal implements counsel
for the defense prayed pastponement.
characteriZing the indictments as anomalies
at law. But Judge NicoI required pleading
of some kind at once, and set yesterday aft
ernoon for the hearing of argument on the
demurrers which counsel. filed. At the same
time, upon the petition of the common
wealth attorney, the court appointed J. E.
Supplee a special magistrate fer Jefferson
district.
The formulated plans and resources of the
commonwealth attorney in his lengthy legal
battle were then revealed in the state of
Two Avenues of Attack.
Through months of Iaberious perseverance
Mr.. Mackey had reached position where
he had before him two we'll defined avenues
nf offa On, hot Of
furnishing the essentials for success.
He was already being compiimented upon
a great achievement and people were
watching with great interest the proceed
ings in the county court when the sudden
raid which closed st. Asaph was made by
policemen of this city under - warrants
drawn by Commonwealth Attorney Samuel
G. Brent The cases of the several men
arrested in this raid, including the three
who were indicted in the county, will be
heard before Police Justice Cation of this
city Saturday.
Mr.. Mackey denounced the action of the
city authorities as unwarranted, but Mr..
Brent held that there has been no inter-
ference with the affairs of the county Off
GERS
Since Mr. Mackey has pushed his fight so
successfully rumors of threatened violence
against him by members OF the lawless ele-
ment of the county have reached his
friends.
If any harm comes to the commonwealth
attorney because of his crusade against
gambling the representative people threat
en- summary vengeance,
Mr.. Mackey was born In Shreveport, La,
In 1865. He graduated at the Carolina Mil
itary Institute at Charlotte. N. c., and
later resided some time III South Carolina.
Coming to Washington he studied law at
Georgetown University, where he graduated
in 1889
During the SPANISH American war he was
captain of the 10th United States Immunes.
Upon the muster out OF this command he
returned to Washington and resumed his
practice of law. Mr.. Mackey made his
home in Arlington district, Alexandria
county, eight years ago.