The Washington times., 1902-07-29
ROSSLYN RIOT CASES
POSTPONED BY COURT
Tony Simmons. One of Ac-
cused, Sick in Bed.
Question as to Trial by Jury Under
the New Constitution
of Virginia.

The cases Of Antony. alias Tony Sim
mons, Elvin j. Marcy and James A.
Geary, the latter the proprietor OF the
Rosslyn saloon which was wrecked on
June &c last, were called before Judge
Love at the Alexandria county court
house yesterday, and were continued
until the August term.
Simmons and Marcy were charged
with two cases of felonious and mali
cious assault. while the charge against
Geary was attempt to commit murder.
Minor Cases Disposed Of.
Several minor cases were disposed of
after the court was called to order and
then the clerk read out the name Of
Simmons. Attorney Samuel G.. Brent. OF
Alexandria. who represented him, pre-
sented a certificate from a physician
stating that Simmons was sick in bed
and unable to appear. His father stated
that he had been Ill since Thursday
last.
Judge Love after hearing the state
ment of Mr.. Simmons, continued the
case until the first day OF the August
term, which begins the fourth Monday
of the month.
The cases against Marcy had been
set for the second day of the July term.
but as 1t was impossible to hear the
charges against Simmons, Common
wealth Attorney J. C. Clements said the
Commonwealth was ready to proceed
with the trial.
Attorney r. Walton Moore. of Fairfax
county, argued against hearing and
i tA hn
legality of trial by jury pending action
by the Legislature on the constitution.
He said that under the present status
OF the constitution. no person can. vote
until the new registration. and there
fore there can be no jury trials held.
because jurymen must be voters. In
Giles county, he said. the judge de-
clined TO make an effort to try cases
by jury, and in Clark and Warren coun-
ties the Jury terms of court were ad-
iourned because they could not legally
conduct harlngs.
Postponed the Cases.
The court said that as the case had
been set for the second day and as the
defense was not prepared it was but
just to postpone the hearing.
Judge Love stated that there was so
much uncertainty in regard to juries
under the new law that 1t would proba-
bly, be better not to go into hearing of
the cases. He said that as there was no
qualified voters in the State at the pres
ent time, he would postpone the case
until the August term.
Simmons. who is charged with shoot
ing Private Harry Pancoast, OF the
Fourth Artillery. and with assaulting
Private George r. owens. of the Signal
Corps. will be brought into court on
the fourth Monday in August and the
case will probably occupy two days.
Elvin J. Marcy will be arraigned on
Wednesday of the next term charged
with assaulting Private ]. W. McManus.
of the Signal Corps. and with striking
Private ID. Albert Taylor. of the Fourth
Artillery, with n blackjack.
James A. Geary. the proprietor OF the
saloon that was wrecked, Will be tried
on Friday OF the August term. 1t Is al
legged that he shot into crowd of
soldiers on the night of June 26, the
night his place was broken into.
There were a score or more soldiers
from Fort Myer in the court room ready
to give evidence in the case and num-
Der of the citizens of Rosslyn were also
prpeput