The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-04
THE MILITARY ROAD CASE.
Howard y. Marshall Found Guilty Of
Obstrrctipg u Public Highway.

a jury in the Alexandra County Court,
at Fort Myers Heights. Va. yesterday af-
ternoon. rendered a verdict Of guilty in
the case of the Commonwealth OF Nir-
ginia against Howard p Marshall, charged
with obstructing a public road lying in
, Alexandria county, between the Aqueduct
Bridge and the Arlington reservation, and
fine of 81 was imposed upon the defen-
dant. 4 motion for a new trial and arrest
of Judgment was overruled by Judge J.
VI. Love, who presided, and an appeal was
then Noted by the defendant. The case viii
now go TO the Circuit Court Of the eastern
district of Virginia on appeal.
The Military Road" case. thus brought
to a close so far as the present trial is
concerned, has held the attention of the
Alexandria County Court for the past two
weeks. Howard p. Marshall. of the firm
of Dulaney a. Marshall. OF this city, and
one OF the trustees OF the tract of land
said to be divided by the road in question,
was arrested on September % last by
Sheriff Palmer, of Alexandria county,
charged with obstructing the road at a
point abrr't onehalf mile south of the
Aqueduet Bridge. The arrest was made
directly after Mr.. Marshall, accompanied
by his attorney. John NJ Johnson, of Alex
the road by placing several railroad ties
across the highway. An immediate hear
ing was had before Justice Stevens, OF
Alexandria county, resulting in the de-
PENDANT being convicted and fined $50 and
costs. The defence appealed the case to
the County Court. and bond was furnished
by Mr.. Marshall for his appearance for
trial.
At the request of Commonwealth Attor-
.Haa-
of Alexandria county secured the services
Of Attorney F. J.. Smith, OF Alexandria, to
assist Mr. Carlin in the prosecution Of the
case. The defence was represented by At
torneys Morgan II. Beach, of Washington.
and John VI. Johnson, of Alexandria. After
several cOntinuances. granted at the in
stance Of the defence the case finally came
up for trial on December 26. before Judge
Love. at the county court house.
At the direction of the Department OF
Justice United States District Attorney
Edgar Allen, FOR the eastern district OF
Virginia, attended the trial, but took little
part in the proceedings.
When the case was called last week
vast amount OF evidence was presented. 4
jury of citizens of the county was selected
with difficulty, owing to an alleged pref
udice said TO exist against the defence
Opening statements were made by both
the Commonwealth and the defence, the
latter giving an outline of its contention.
1t was held by the attorneys for the de-
PENDANT that he was justified in closing
the road. II was claimed that the land
which he represented as trustee was ira
versed by the road; that two acres OF said
land was occupied by the road. and that
no rental or other monetary consideration
had been received from either the Federal
Government or county authorities. Docu-
ments and other evidence was introduced
by the Commonwealth tending TO show
that the Military Road" had been pub
lie highway Tor nearly hundred years.
II was pointed out by the Commonwealth
that no claim for rent or DAMAGES against
the county had been made by the trustees
OF the property in question until very re-
cent date. Further. 1t was declared that
Mr. Marshall willfully blocked the road in
dispute on the 23d OF September last. which
action led TO his arrest and arraignment
The case was given TO the jury shortly
after o'clock yesterday afternoon. and a
verdict of guilty returned half an hour
later.