The Washington herald., 1912-08-11
FIVE ARRESTED ON
CRIMINAL CHARGE
Prominent Citizens Of Mount Raj.
nier Held in Personal Bonds
for Conspiracy"
WARRANTS SWORN OUT BY
FORMER MAYOR JOYCE
Case Arises Out Of Indignation
Meeting" Last Week to Run
"Agitator" Out Of Town.

The old fire of factional feeling and
political strife at Mount Rainier. Nd
the home of the recall and contempt
proceedings. again burst into flame last
night when five prominent citizens were
arraigned before Justice OF the Peace
charged with criminal conspiracy against
Robert z. Joyce, former Mayor OF the
town.
The proceedings last night were the
beginning Of q legal fight which Mr.,
Joyce intends to wage against those who
participated In the indignation meeting
last Monday night In the Town Hall for
the. purpose of publicly denouncing him
as the cause OF all strife and consider
ing the advisability Of ousting him from
the community.
Warrants for the arrest of twenty-five
residents Of Mount Rainier on charges
of criminal conspiracy were sworn out
yesterday by Mr.. Joyce Because Of the
length of time required by the Justice
of the Peace to prepare the papers. only
six were turned over to the County Con-
stable and the Town Constable last
night to serve. Service was obtained on
all of the men except Francis NJ. Proc
tor, one Of the Councilmen. who was In
Washington. The remaining warrants
will be served tomorrow.
Postponement Is Granted.
The citizens who were brought before
the Justice Of the Peace last night were
Amos W. Hawk, Charles E. James,
Charles J. Peckham, Albert D. Rust.
jr., and Finley Hayes. Attorney r. L.
Van Horn. counsel for the defendants.
requested postponemnt until Tuesday
evening at O'Clock. The motion was
granted, and the defendants were re-
leased on their personal bonds.
Mr.. Joyce had been threatening
criminal procedure against the sup
porters OF Mayor Joseph Theophilus
Kirk Plant, who participated in the
stormy mass meeting. but the citizens
were nevertheless astonished at the
proceedings, which followed so closely
on the heels of the recall contempt
proceedings at Upper Marlboro.
The warrants set forth that the de-
PENDANTS did agree and unlawfully
conspire to hold a public mass meeting
in the town hall of Mount Rainier, Nd,
on the evening OF Monday. August 5.
for the corrupt and unlawful purpose
and design Of maliciously and unlaw-
fully denouncing and ridiculing one
Robert E. Joyce, a law-abiding citizen
of the community"
Court I'm Pool Room.
AS soon as Judge Haas had completed
six Of the principal warrants he turned
them over to Thomas N. Mohler. con-
stable for Prince George County, and
Howard Payne. constable for Mount
Rainier. Constable Mohler and the two
minions Of the law then got into a sulky
and started on their mission.
The hearing was set for O'Clock at
Potts Hall. The hall is located in the
rear of a poolroom on the outskirts or
he ,EIIo $hrnn0h
the tall weeds and over the scores OF
bottles under foot to the read entrance,
opening into the improvised courtroom.
1t was a rough room, with the plaster
missing in places and hanging danger
ously loose in others. The crowd was
too large for the hall. Judge Haas sat At
a rickety bench.
The court will come to order" said
the Judge. Gentlemen will take of their
hats and quit smoking"
The names of the defendants were then
read. AS they were called the citizens
stood in a row before the magistrate.
Gentlemen" said Judge Haas, these
charges are of very serious nature. 1t
Is not within my power to hear the cases.
All that I can do is grant preliminary
hearings, and II 1t is possible to estab-
lish a prima facie case, to hold you for
the action of the grand jury"
Dispute Over Bond.
r. L. Van Horn, the attorney for the
defendants, explained that his clients had
been summoned into court on an hours
notice, and had not been given sufficient
time to obtain witnesses. In view of the
facts. he moved that the cases be post
poned until Tuesday evening. Judge Haas
granted the motion and stated that be-
cause Of the grave nature of the charges
bond would be required.
Il object to the setting of a real es-
tate bond.'' said Mr.. Van Horn. 1T lies
within the discretion of the court to ac-
You have the authority, I grant it, to
demand bond of these[men. But, your
honor. you are not dealing with strangers
picked up in Bladensburg Road; you
have before you representative citizens of
Mount Rainier. who have no intention
of fleeing the jurisdiction"
The question then arose as to what
authority the justice actually had in the
r,atter. Attorney Van Horn tried to
explain to the judge how real courts dis
pose Of similar matters. Judge Haas
seemed to be somewhat in doubt and
referred continually to the Laws of
Maryland" J. d. Hughes, one of the
leaders in the Indignation meeting, arose
and proceeded to give his understanding
of the law. Bob Joyce, who had been
sitting quietly in the midst of the gath
ering, listening to the proceedings. arose
and objected. stating that Hughes did
not represent the defendants, and that,
as far as he knows. was not legal ad-
wiser to his honor. Hughes talk was
about constitutional rights and personal
liberty.
After long discussion 1t was finally de-
cided to accept the personal bonds of
the defendants, in view of the fact that
they were all well-known members of
the community.
Mr.. Joyce announced. following the
arraignment. that he would institute civil
proceedings as soon as the criminal trials
were over.
Yesterday was a warm day for Mount
Rainier. The trouble started early in
the morning, when a Mr.. Prior, living
in Brentwood, is said to have cast re-
Elections upon Mr.. Joyce. Warren W.
James, one of the Councilmen, and a
Joyce supporter, heard the statement
about the former Mayor. and immediate
ly made It plain that there would be
trouble.
ANY man who says anything about
Bob Joyce is a personal enemy of
mine shouted James, "and / am here
- 81.