The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-03-05

The preliminary hearing OF the all-around
sport and gambler, John Nelson, for the
alleged killing OF Benjamin Hines, coIored
deputy constable. on the night OF February
90, at Jackson City, took place before J.
II. Lane, IL colored magistrate OF Alexan-
dria county yesterday
1t resulted in Nelson being sent back to
jail without bail, to await the action of
the grand jury.
Frank Morris. Harry Gambler, and Harry
Spears, who were held as accomplices OF
Nelson, We're dismissed ON that charge
Morris, however, was held for the grand
jury on charge of conducting Il gambling
game. and his bail was fixed ut $3.50
Gambler is already serving a term for run
ming gambling game, so the only one who
was set free was Harry Spears, the
youngest of the quartet.
At the hearing. Nelson with a show of
bravado, sat with a cigarette iii his
mouth throughout the greater part OF the
hearing, ana often carried on whispered
conversation With his attorneys, Messrs.
Edmund Burke, John Greene, and Louis c.
Barley. The prosecution was conducted by
Messrs. Leonard Marbury and Richard john
ston.
WITNESSES ARE EXCLUDED.
The witnesses were excluded from the
hearing and were brought into the room
one by one. The first witness sworn was
Deupty Sheriff J.. NJ Deuterman. DeUter-
man stated that on the evening OF February
20 he had seen g crap game going on in
Nelson's place. He had then summoned
the posse, and going 10 Jackson City
placed Nelson under arrest and captured Il
lot OF chips ana other paraphernalia in a
back room. Coming from the back room he,
with Johnson, Hines and others, was
standing in front OF the bar when Johnson, in
drawing his handkerchief from his pocket.
pulled out his pistol with it. and the pistol
aT-
man named Andrew Lewis bent forward
TO pick 1t up ana Lewis got il.
As Johnson took it away from him the
| weapon went off and the ball buried Itself
| in the ceiling. Nelson then drew a pistol
| and began firing into the group in front
| OF the bar. A the first fire johnson
| fell. and then Hines. Witness was certain
| that 1t was Nelson who shot Hines.
Milton johnson was the next witness
| sworn. He Acknowledged having been
| engaged in a game or crap early
| in the evening OF The day Hines
was killed ami said that Deutcrman
I had broken it up. He had been
| sworn in as a special deputy 10 make tue
raid on Nelson's place by Dcuterman. His
/ story or his pistol falling from his pocket
I and it being discharged cOrrObOrated what
! Mr.. Deuterman had said. After the dis
| ClaEgC o1 Iis pistol Nelson opened fire on
| him and he was SHOT. He had no inten-
/ tiOn OF drawing his pistol, and when he
was shot Andrew Lewis had the weapon.
| ANDREW LEWIS +TESTIFIES.
Andrew Lewis said he. had. beep depu-
tized 10 assist in the raid by Deuterman, and
that when they started IL Nelson's place
he tried To keep them out. but he showed
Nelson aside and they entered. The wit
ness corroborated the statements OF the
| previous witness as to how JOhnSon'S pistol
| came to go off.
Tie statements Of Charles Pollard and
Charles Golden, only .cOrEoboTated the
! statements made before -.-- ..
Charles O'Neal, the one-legged race track
follower. stated that lie had been carried
from the room IN the crowd that rushed
out of the door when The firing began, and
as ne went back into the room he was
shot iii the eye After Nelson had left. he
had assisted iG bEeaking the doors open
and taking the wounded officers from the
building. irfce-. ~ ss.z--.
The defense stated that they would pu
no witnesses on the stGnd and MF. Green,
| asked for the discharge OF the prisoner
on the ground that the evidence was no
! sufficient TO hold BIN. dastiCe Lane
| however. could hot see it that way ant
sent him on TO the grand jury Mr.
| Greene asked then that be he admitted
to bail This was opposed by the com
monwealth and after a long argument h
| justice refused to accept bail ami ordere'
the commitment of Nelson TO jail