Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-23
NELSON AcQUITT TED
Sudden Termination of the
Trial This Morning.
ABSENT WITNESSES
DEFENDANT HE'D FOR HEARING
UPON OTHER INDICTMENTS.
Cases to Be Tried at Next Term Of
Court-Heavy Bond
Required. =

| arson, reached an abrupt termination at
1890 O. clock this morning by the acquittaI
| of the prisoner after the jury had been
out only five minutes. This result was en-
[ tirely unexpected when Judge Love opened
his court about an hour earlier So far as
the legal status Of the case was concerned
| everything was in readiness for full day
| Of testimony on behalf of the common
| wealth.
| Court adjourned before the regular time
| yesterday afternoon in order to give the
| state opportunity to get the witnesses to-
| gether by this morning. But before a word
| of testimony had been heard Mr.. Clements
| addressed the court at length on q motion
| to continue the Ease until Thursday morn
| ing 1t was alleged by counsel that an
| unexpected trouble had been encountered
| in securing in court those expected to tes-
| tify. Mr.. Clements stated that every eff
| fort had been made by counsel for the
| state to have the witnesses in court this
| morning He promised to produce the de-
J sired parties on the witness stand Thurs
day morning.
The motion was vigorously opposed by
| Messrs. Shillington and Bendheim, who
| held that it was an unusual procedure in
view of the fact that yesterday morning
! the commonwealth had announced it's readi-
| ness to go into the trial and the further
| fact that yesterday afternoon the court was
| adjourned before the usual time with the
understanding that the state would produce
| the witnesses this morning. One hour was
| consumed in argument on this point, and
| finally Judge Love rendered the opinion
| that the case should proceed. He said this
! course was due the prisoner, whose attor-
| neys were anxious to go ahead. The court
| remarked upon the peculiar conditions
| existing whereby no assurance could be
given that the witnesses could be secured
at the time mentioned, most OF them being
| in Washington. beyond the jurisdiction Of
| the court.
Result Not Surprising.
The decision of the court was followed by
| brief conference among the attorneys for
| the commonwealth. There were no wit
nesses in court and that which followed
was not surprising to the spectators who
had followed the proceedings. Mr.. Glenn
| ents advanced toward the jurymen, and,
addressing them in a. low tone, said he
had no further evidence to submit. There
upon the court instructed the sheriff to
conduct the members OF the jury to their
room. a..''5
Within five minutes the twelve men re-
turned, Andrew Cheshire, the foreman, an
| nouncing a verdict of not guilty. The judge
then discharged the defendant on the In
dctment under which he was charged, but
Nelson was held pending other proceed
ings.
Although the court room was crowded.
there was not the slightest demonstration
upon the announcement of the verdict
Nelson himself showed no emotion. He had
entertained bright hopes of acquittal, and
conclusion. His wife. however, and other
relatives showed their pleasure very
plainly.
The Pending Indictments
Mr.. Clements called the courts attention
to the existence of nine other indictments,
charging Nelson with causing the desruc-
ton by fire Of several alleged gambling
houses near the policy shop of Foster &
Sanderson in Jackson City. He asked the
court to continue the cases until the next
term and this was opposed by the defend
ants counsel, who said they were ready to
proceed. Mr.. Shillington suggested that
the states counsel enter nolle pros, but
this was declined by Mr.. Clements.
Judge Love said he would continue the
cases Upon his suggestion counsel gave
notice that they would first proceed upon
the indictment charging Nelson with the
burning of frame house belonging to
George Myers.
Regarding the matter Of bond, Mr.. Shil-
| lington suggested that the prisoner be re-
! leased on his personal recognizance This
| not being agreed to, long discussion
Cured between counsel as to the future
validity of the recognizance in the sum Of
| $4,000, which was accepted last Thursday
| by Judge Nicol In the circuit court. 1t was
| held by counsel for the state that the In
| strument would be invalid hereafter be-
| cause, it was alleged. the exact character
| OF the crime charged was not set forth in
| the recogniZance
Judge Love held that he would have to
require a new bond. Counsel for Nelson
| asked that the amount be reduced to
5000. which was opposed by Mr.. Clements,
who asked that 81 900 be required for each
| of the nine indictments.
| Bonded in Sum Of $4,000.
| Judge Love fixed bond in the sum of
| $1,000 for the release Of Nelson until his
| trial on indictment known as No. 5, the
| first day Of the next term. Attorney Shil-
| lington stated out of court that the bond
| would be made up late this afternoon, and
| that the bondsmen would be about the
| same as those in the former recognizance.
| The witnesses for the defense appeared in
| court this afternoon after the case had
| been disposed of.
| At former session of court Judge Love
had ordered that the hearing Of the John
| Tfghe case should follow that Of John
Nelson. So when the latter was disposed
| OF Tlghe's case was called up.
| Mr.. Clements asked for a continuance
until next term on the ground of lack of
| witnesses. This was opposed by Tighe's
| counsel. Mr.. r. c. L. Moncure, and the
| judge finally settled the matter by setting
| 1t for next Monday.