The Washington herald., 1912-09-04
BLUE LAW CASES
ARE POSTPONED.
Justice Kingdom, at Rockville, Re-
fuses Plea for Hearing Of
Glen Echo Defendant.
DELAY Is PERSECUTION,
SAYS ATTORNEY GARRETT
Defendants Will Be Present Again
This Morning When Court
Convenes.

Contrary to expectations. the Glen
Echo Sunday blue law cases against Cis-
sci Husband, Orrie Weaver Smith, ana
Viola Collins, who were arrested Tor
violating the Sunday laws, did not come
I'D for trial before Justice Carey King
don at Rockville yesterday. and Attorney
John A. Garrett, counsel for the de-
fendants, last night declared that the
delay in the matter amounted to moth
ing less than personal spite and perse-
cution.
A conference was held yesterday
morning between Justice Kingdom, States 5
Attorney Spates, Sheriff Howard. and At
torney Garrett, at which hot words We're
exchanged, due to a misunderstanding
as to the date of the trial, Justice King
don holding that he had named this
morning at 10 o'clock as the date set Tor
the hearing Attorney Garrett taking Is
sue with the Justice, declaring that the
case had been set for yesterday morning.
States Attorney Spates and Sheriff How
ard agreeing with Mr.. Garrett
Hearing Postponed.
The prosecution and the defense both
being ready for trial. Justice Kingdom
was requested for an immediate hearing.
This he refused on the ground that he
had to attend a meeting of supervisors
Of election, which adjourned at ii
o'clock. 1t was again requested by ootb
sides to take up the case at IL O'Clock,
and again the justice refused, saying
that he did not have his papers in proper
order, and fearing that writ from the
Federal court might be served on him,
Justice Kingdom said he would not try
the case before he had consulted with
his personal attorney.
Both sides then agreed that they
oN
but the justice again declined this time
on the ground that he had to attend a
Bull Moose meeting which adjourned at
o'clock. Attorney Garrett, being tlreo
OF the dilatory tactics of the court, de-
manded trial, and was again refused
Justice Kingdom declaring he would set
the case for trial at some future oate'
which proposition, however, was not &C
quiesced In by Attorney Garrett. who ac-
cused all the officials connected there
with of being parties TO a malicious per-
secution of his clients. This was hatly
denied, and some strong language was
used by both sides
sheriff Is Defied.
Attorney Garrett, who was likewise
bondsman for the defendant, informed
Sheriff Howard that he absolutely re-
fused to go to trial at any future time;
that he would refuSe 10 pay any Ints,
and thereupon surrendered into the Gus
tody of the Sheriff the three defendants
defyIns him in strong terms to lock
them tp. SheAn Howard. however. made
no attempt to accept Mr.. Garrett's def,
and upon advise of Mr.. Garrett his
clients left Rockville for their respec-
tive homes on the 4:30 o'clock car with
out any interference on the part of the
Sheriff.
There was a feeling among county
officials yesterday that Attorney Garrett
had procured from the Federal Court
writs of certiorari and habeas corpus.
and they fully realized that the Federal
Court of Appeals had held in substance
the law question at issue to be uncon-
stitutional. obsolete, invalid, and repeal
ed by implication.
Spectators i'm Court.
A number of county people were in
terested spectators during the proceed
ings. and in strong terms denounced the
action OF the county officials for deny
ing the defendants for the third time
speedy. fair, and impartial hearing.
According to officials of the Glen Echo
Park Company, and Attorney Garrett,
the defendants will be present in court
this morning to await any action that
might be taken by them to bring about
a trial, but they steadfastly declare that
IL the defendants are subjected to a fine
or Imprisonment there will be some lively
complications and proceedings to follow
which will prove of the greatest interest
to all Montgomery County folks.