The Washington times., 1902-08-31
JURY IN NELSON
CASE DISAGREE

( lie said that the whereabouts of Nelson
We're known TO ihc men who instituted
| the prosecution for several days before
/ the warrant was issued for his arrest,
and intimatCd that The warrants would
not have been sworn our if certain nego-
tiations which he alleged gambling ring
sought TO bring about with the prisoner
had rot failed He said the prosecution
had utterly failed TO produce sufficient
motive for the crime. as Nelson was
! financially Interested in the schemes of
chance which were destroyed
Mr.. Shillington ceased speaking al 2:40
p m, and was followed by Attorney X.
Walton Moore, of Fairfax. for the de-
fense. Mr.. Moore's speech was vigor-
Gus and dramatic plea for the liberation
of the prisoner.
Doctrine of Doubt.
lie dwelt upon the Importance of the
doctrine that an acqui,tal was the abso-
lutte duty Of the jury il reasonable
doubt of the guilt Of The prisoner was
entertained. This was Of such impor,
tance that the judge had incorporated it
in nine of fourteen instructions TO the
jury. ana was lne OF the bulwarks of the
rights of the citizens of The republic
My client is a Jackson City gambler, "
ne said. Il regret that fact. But no
matter what he is. he is as much en-
Titled 10 the benefit OF that doubt as yor
or ]. l denounce my client for his ca
reer as a gambler. / would not defenG
him as one. II legal proceedings were
Instituted 10 wipe out from the honor
of Alexandria county the spots which
stain it, no one would be more ready
than I 10 mount The stand and testify
against the Jackson City gamblers.
could do II from the sworn statement.
have heard made in that witness box
here. But Nelson is not nstrial as a
gambler, and ! charge you. gentlemen
ef the jury, not 20 let any iOta OF preju-
dice against his career influence you in
the discharge Of your duty"
Mr. Moore claimed that the prosecr-
lion had failed 10 establish sufficient
motive for the alleged arson in view Of
the fact that Nelson was part owner of
he property ne was accused Of destroy
ing He pointed out that Nelson would
have been a fool TO have attempted de-
struction Of ;hc building IN the glare
OF the electric light al jackson City and
hope to escape observation.
Mr.. Moore closed his argument at 4
O'Clock and Commonwealth's Attorney
James e. Clements made the closing ar
gument for the prosecution. Ar. Clem-
ents recapitulated all the evidence in
the case, and charged that the defense
had failed in its attempt to establish
an alibi, He charged the jury that the
uphoiding of the dignity and the majes-
ty of the law, the safeguarding of the
institutions and rights Of the people, and
the execution of a weighty and sacred
trust lay in their hands.
He pleaded with them not TO allow
passion nor prejudice TO prevail, but to
exercise their duty in calmness and de-
liberation and for the good OF the Com
monwealth. letting no mistaken ideas of
sentiment weigh with them.
Case Given to Jury.
Mr.. Clements closed his argument at
4:5O o'clock and the case went TO the
jury.
The case of Jack Tighe will be taken
up directly after the Nelson case is dis
posed of. Tighe is charged jointly with
Nelson, and. If Nelson is acquitted it is
likely that his liberty also will result.