Evening star., 1902-08-25
JOHN NELSON'S TRIAL
Commenced in Alexandria
County Court.
PLEAS IN ABATEMENT
oVERRULED BY THE PRESIDING
JUDGE.
Jury Finally Obtained After Much
Difficulty and Opposing Counsel
Outline Their Case.
PLEAS IN ABATEMENT

case of John Nelson, indicted for the burn
ing of several gambling buildings in Jack
son City the night of July IA. For several
weeks ten indictments against the defend
ant have been pending and the case has
attracted unusual attention. Since the ar
rest of Nelson a month ago the case has
been before the court several times on pre-
Iminary points of law and was to have
come up for trial two weeks ago, but was
postponed. The peculiar circumstances of
the case. in which the accused is charged
with the responsibility for the practical
elimination of the Jackson City gambling
quarter, in which he himself was alleged to
be financially interested, and the evident de-
termination of his counsel to fight the case,
rendered it unique and interesting.
The following jurors were selected, after
laborious effect: T. T. Burke, George A.
Donaldson, Silas W. Deeble, George G.
Crossman. Henry Chapman, Henry Parker,
]. B. Merrett, George r. Reeves, John W.
Gibson. Robert Shreve. Walter S. Tucker
and William Z. Stewart
Presentation of the Case
At 1 o'clock recess of an hour was
taken. When Judge Love took his seat
again at o clock Commonwealth Attorney
Clements opened for the prosecution. He
outlined the points along which the state
were before indicated in the opening pro-
ceedings. The presentation of Nelson's line
of defense followed, and engaged the atten-
tion of the court until about o'clock The
court will adjourn at 4:30 Indications are
that the case will last several days, after
which the trial of John Tighe on substan-
TALLY the same charges will be opened.
Counsel in the Case.
Attorneys r. Walton Moore of Fairfax,
Charles Bendheim and Joseph Shilington
of Washington appeared for the defendant,
and Commonwealth Attorney James E.
Clements was assisted in the prosecution
by Attorneys Edmund Burke of Washing
ton and Samuel G. Brent of Alexandria
The question of the payment of costs grow
| Ing out of the forfeiture and remittance of
bond was first taken up. 1t was deferred
until tomorrow morning at the suggestion
OF counsel Mr.. Clements then outlined
the plan on which he proposed first to pro-
coed. Indictment No. was read, which
charges that Nelson set fire to the house of
Frank Foster and Charles E. Sanderson
valued at $500. about II o'clock the night of
July IA. This indictment was probably
taken up first because the house referred
to was the one in which the fire started
1t was claimed by counsel for the defense
that the gambling business conducted in
the house in question was in charge of Nell
son IN connection with Sanderson and
Foster.
4CoS IL Abatement.
| Mr.. Moore withdrew the plea of not
guilty introduced at the last term and en-
| tered a plea in abatement The effort made
Dy the pleas, counsel said, was to present
the point that the grand jurors who report
ec the indictment against Nelson were not
qua alitied grand jurynen at the time when
they were summoned and served Counsel
admitted that the jurors were qualified
voters and qualified jurors under the old
constitution, but insisted that from July 10
/ until the new registration books are made
| up there are no qualified voters in the
/ county of Alexandria, and hence no legal
jurors The pleas were stricken out on mo-
/ ton or attorney for the commonwealth
and a bill of exceptions to the ruling Of
/ the court was entered. AT the last session
/ of the court Judge Lee held the Jurors
were legally qualified. His decision was
/ that they were authorized under a safety
I clause of the old constitution which pro-
! vided for the continuance of legal proceed
/ ings without interruption until legislative
! action in the matter according - the new
| constitution.
| Getting Jury.
Motions to quash and demurrers were
Oyerruled and at IL o'clock the work of en-
/ paneling a jury was commenced. AS soon
/ as the examination of those summoned for
! jury service was commenced it became evil
/ dent that there would be trouble. OF the
| first six men interrogated one-half stated
| positively that they had formed opinions
I prejudical to the accused and were dis
missed. They all alleged that the general
! sentiment. so far they had observed it.
| was against Nelson and on hearsay they
/ had formed opinions opposed to the defend
4 ant.
History of the Case
Nelson was arrested more than a month
| ago, charged with responsibility for the fire
| which destroyed the gambling houses of
| Jackson City the night of July IA Sus-
picion fell upon him soon after the fire and
a warrant for his arrest was sworn out
| and placed In the hands of Sheriff Palmer
| But when that official went to serve the
! warrant Nelson was nowhere to be found.
/ He was sought all over Alexandria county,
| but to no effect. Finally the county off,
| GERS became convinced that the accused
man was in Washington city. Accordingly
| they applied to Governor Montague for
| requisiton papers, which were secured
without delay. Armed with these Sheriff
Palmer took Nelson into custody In Wash
inston and conveyed him to the Alexandria
| county jail, on Fort Myer Heights. He had
| not been there long before Judge Love was
| petiuoned by his attorneys for release on
| bail This was finally granted and the
| sum OF $1,000 was named as recognizance.
| Messrs. John Harlow and William Duncan
/ of Alexandria county became responsible
4 for the amount
August was fixed by Judge Love for
| both the case of Nelson and John Tfghe,
| the club house employe who was charged
| with being implicated In the Jackson City
| burning. But, much to the surprise of the
| court officials, when Judge Love took his
| seat on the bench that morning the princi-
| pal defendant did not appear.
! Neither did his counsel. and the court at
| once declared his recognZance forfeited
/ and Issued capias for the arrest of Mel
/ son. who was declared to be fugitive
! from justice. That afternoon, however
! the accused gave himself up. A few days
! later Nelson was brought into court, when
| the preliminary arguments as to pleas, de-
! murrers and other points of law were
! heard The forfeiture of recognizance
/ was remitted and application for renewal
| of bond was denied. The prisoner was re-
| manded to Jail. where he has remained un-
4 til the present.
Justice Clabaugh Takes Vacation.
4 Justice Harry NJ. Clabaugh Of the Supreme
| Court of the District of Columbia this af-
ternoon completed his summer term of duty