Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-02
SUED FOR DAMAGES
PROSECUTING ATTORNEY MACK
EY AND MAGISTRATE sUPPLEE.
peeial Correspondence of The Star.


ALEXANDRIA, Va, January 2. 1906
Suit has been instituted in the United
States court for the eastern district of Viz
ginia for Howard C. Knode. who claims
to be citizen and resident of Maryland
against Crandal Mackey commonwealth at
torney for Alexandria county, and Joseph
e. Supplee. justice of the peace for JEFF
ferson district Alexandria county, Jointly,
in which il is charged that the plaintiff was
un1awfully arrested and assaulted by the
defendants There are two counts In the
declaration. and in each damages in the
sum Of $4,000 are asked for The papers
in the suit are in the hands of Clerk r. p.
w. Garrett The January term of the
United States court, Judge Edmund Wad-
dill presiding VIII open next Tuesday and
the case VIII probably be called early in the
week
The action. it is stated is based upon an
arrest and subsequent trial connected with
a raid conducted by Commonwealth At
torney Mackey of Alexandria county upon
an alleged pool room in Jackson City last
September. A party was surprised by the
states attorney and squad of deputies
in a frame house al the south end of the
Long bridge and several arrests were made
in which some of the prisoners were
charged with vagrancy.. Soon thereafter
they were given a hearing before Justice
of the Peace Supplee and in some cases
fines and Jail sentences were imposed. while
in others the charges were dismissed.
Bases of the Suit.
The suit is Instituted for Knode by At
torney John A.. Lamb of Richmond. In
the declaration of the plaintiff it is alleged
that Crandal Mackey and Joseph E. Sup
plee in September, 1905, did unlawfully,
maIiciously and wickedly and corruptly and
knowingly and Intentionally combine con-
spire and confederate together for the I'M
lawful, wicked, corrupt and malicious pur-
of ttt,itt ftGsr .,..t N
name, fame and reputation and bringing
the said plaintiff into public infamy and
disgrace" This purpose took form, 1T IS
alleged, in the action against the plalntin
charging him with vagrancy.
1t is charged that Supplee mad conSplred
with Mackey to have the plaintiff arrested
as a vagrant and that Mackey swore out
the warrant before Supplee, who tried the
plaintiff upon the charge, convicted him
and sentenced him to pay a fine of 1900
and to serve six months in the county jail.
1t is further declared that from this decis-
ion the plaintiff had appealed to the cir
cult court, which ordered that the convic-
ton be annulled and reversed and that the
plaintiff was discharged from the alleged
was stated, fully and finally ended and de-
termined.' For this the plaintiff alleged
that he had been injured to the extent of
$4,000.
Second Count.
The second count alleges that Mackey
anu SuPplee ulu fIlstilclOuSly ana WafIOnly
and with force and violence assault the
plaintiff and with force and violence seize
and lay hold ON the said plaintiff by his
arms and shoulders and did malcousy
and wantonly squeeze and pull the said
plaintiff, and also, with great force and
Violence the said defendants did malic-
iously and wantonly shake and pull the
said plaintiff" From which treatment it
was alleged, the plaintiff was greatly hurt
bruised and wounded and seriously injured
and damnifed.' Damages in the same
amount were asked for in this count.
Accompanying the declaration are papers
filed by Attorney R. Walton Moore Of Fair
fax, counsel for Mr. Supplee and Mr..
Mackey, in which a demurrer Is entered
in the case of the former and in the case
of the latter the court is asked to take no
further cognizance of the suit. It IS al
legged in this case that Knode was not a
resident and citizen of Maryland as stated
in his declaration.