The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-01
THE MILITARY ROAD CASE.
The Action of the Alexandria Cour
~ Court in 1t.


~ Court in II.
The Alexandria county court. which has
been in session during the present week a,
Fort Myer Heights. is expected TO adjourn
for the term late this afternoon. I'M
portant business has been transacted in
cluGing the return of several indictments
against prisoners by special grand jury
Commonwealth Attorney r. W. Johnson,
who has been i'll for six months past has
returned from the North. and will i'm
mediately resume his duties.
Foremost among the matters considered
at this term was the Military Road case
This case involves the right of Messrs. Du
laney and Marshall. attorneys of this city.
to close the highway between Washington
and the Government reservation at Fort
Myer. An adverse decision 10 the defend
ants. of whom Mr.. Marshall was recently
arrested, tried and convicted in the Alex
andria county court. led TO the fling OF a
bill OF exceptions and petition for a writ
of error. both OF which motions were yes
terday argued before Judge Love. The case
will now be carried. in view of an I'M
favorable decision against the accused to
the circuit court Of Alexandria county on
appeal Commonwealth Attorney Johnson
and Col. f. L. Smith appeared for the
Commonwealth yesterday and the defence
was represented by Messrs. Morgan Beach
of Washington and J. NJ. johnson and G.
c. Carlin. of Alexandria city.
A special grand jury has been in session
all the week. The following indictments
have been returned: Bert Thomas, assault
and battery upon Otto Stahl Common
wealth against Peter Morris. assault and
battery. Commonwealth against Morris
,-t,
George B. Lee being the complainant. At
torney James E. Clements appeared for the
above prisoners. and entered demurrer
in each case whereupon trial of the cases
went over to the March term of court.
Indictments having been returned against
Benjamin Butler and Jerry Smith charged
with selling liquor without a license, the
court directed that warrants issue for the
arrest OF the accused Other true bills
were brought in by the grand jury as fol-
lows: Commonwealth against John Nelson,
Charles SanderSon, and Frank Foster, all
charged with selling liquor without
license. Upon motion of the defendants.
the cases all went over until the March
term
The viii of Mrs Anna r. Mayer. form
erly a resident OF Washington was pre-
scented for probate b. Attorney w W.
Douglas Objection was made by Attor
neE Clements. representing TIE husband or
the deceased. who filed a notice of cen
test, alleging that the deceased was of
unsound mind when said will was drawn;
that improper influence was exerted upon
her; and that the will was otherwise de-
fectiye. The court set the case for the
second day of the March term.
At the close Of the session of the county
court last night. Justice ". L. VaTney
heard the case against the Washington,
Arlington and Falls Church Railway Com
pany. z. II. Phillips, manager of the
road, was charged in a warrant recently
obtained By a citizen OF the county, with
unlawfully Obstructing the public roads
of Alexandria county by laying railroad
tracks across said county roads. and fail
ing to properly arrange crossings for The
protection of vehicles and persons AttOr
ney Clements appeared for the defendant
manager. While Mr.. Frank Lyon repre-
scented the prosecution. The attorney
moved TO quash the information on the
ground that the supervisors CT the county
alone had power TO bring the charge ard
prosecution specified in the warrant. This
motion was oyerruled, ard after hearing
the case. the defendant was held guilty
and fined 81. Thereupon an appeal was
noted. and the case will ne carried to the
county court for retrial.