Evening star., 1902-09-01
NOT ABLE TO AGREE
Jury in Nelson Case Dis
charged Today.
NEW TRIAL SEPT. %
PREDICTION OF THE RESULT OF
REHEARING.
Nelson Greatly Disappointed, as He
Expected Acquittal-The Case
Of John Tghe.
NEW TRIAL SEPT. %


andria county court with the jury announc-
ing its inability to agree. This conclusion
was not unexpected by the large crowd
which gathered in the court room at $50.
Judge Love took his seat on the bench at
that hour and Sheriff Palmer was instruct
ed to bring in the jury. When the twelve
men had filed into their places the court
asked:
Gentlemen of the jury. have you agreed
upon a verdict" The foreman, John n.
Gibson, responded: I'VE have not" Judge
Love thereupon dismissed the jurymen,
who were glad to be released from the
somewhat arduous duties to leave for their
respective homes. Nelson was remanded
to jail.
The court granted the application Of at
torneys for the defense for postponement
of the new trial rendered necessary, aud
selected Monday, September 22. the first
day Of the regular September term, as the
date Of trial. Judge Love refused to hear
an application from counsel for Nelson lor
his release on bail, but gave notice that the
court would hear argument on this point
next Thursday morning at 8 o'clock.
Since Monday morning last the entire at
tention of the county court has been taken
up with the hearing Of testimony and argu-
ment on one Indictment against Nelson.
charging him with setting fire to q one
story frame house owned by Frank Foster
and Charles E. Sanderson in Jackson City
the night Of July IA. When the trial open
ed there were nine other associated indicS-
ments for arson pending against the pris-
oner, but the commonwealth only took up
the one in question, as 1t was in the struc-
ture referred to that the fire originated.
After lengthy and exhaustive final argu-
ments Saturday afternoon the case was
submitted to the jury. On the first call,
about an hour later, no agreement had been
reached, and the court ordered Sheriff
Palmer to lock the twelve men up In their
room until 9:30 o'clock this morning. The
sheriff was directed not to allow any COM
munication whatever with any Of the jury
men by any outside parties, and Foreman
Gibson was instructed against making any
intimation as to the decision of the jury
until called upon by the court this morning.
Attorneys Joseph Shillington and Charles
Bendheim, of counsel for the defense, and
Commonwealth Attorney James E. Glenn
ents and Edmund Burke for the prosscu-
ton, were on hand to look after the inter-
ests Of their respective sides when court
convened today. Attorney R. Walton
Moore for the defense and Samuel G.
Brent for the state were absent.
Asked for Immediate Retrial.
AS soon as the inability OF the jury to
agree upon verdict was announced, Mr.
Clements asked the court to go imme-
diately into a new trial. In his opinion the
state was better prepared than ever. he
said, and he also thought the defense
should be ready for a reopening. Mr. Shil-
lington, however, said his side was not In
a position to proceed. and asked for
postponement This was finally granted
after the court had heard extended argu-
mentS.
Mr.. ShNlington then asked that his client
be admitted to bail in reasonable sum-
but, as stated. Judge Love said he would
not hear argument the petition until
next Thursday morning. The original recog-
w yIaC oil xyaI h 10
liberty was 5000. furnished by Messrs
John Harlow and William Duncan Of Alex
andria county. The commonwealth will
make a determined effort to defeat the Pc
tition for renewed bond.
There was much discussion among the
spectators and the officers Of the court
this morning as to how the jury stood. 1t
Is stated that Judge Love was much an
noyed at the reports which were circulated
yesterday to the effect that ten were for
acquittal and the remaining two for con-
viction. According to his admonitions for
secrecy he held that there was no possible
means for obtaining this information. After
being discharged today the jurymen showed
a reluctance to committing themselves as
to their vote, which was doubtless naturally
due to the well-marked division Of public
sentiment Friends Of the defendant boldly
asserted that on the last count only one
man opposed his discharge, which was the
statement given out by one Of his counsel
On the other hand, Sheriff Palmer Is au-
thority for the report that the jury stood
seven to five for acquittal. The difference
may have been due to varying counts quot
ed off hand by the jurymen.
Commonwealth Attorney Clements said to
Star reporter this morning that the state
expected to tear the defense to pieces when
the case comes up for new trial He said
that throughout the hearing just closed the
state had been proceeding entirely in the
dark, as the ground of defense had not
been revealed or even intimated before the
suggested
averred. at either of the two applications
for bail made before the court Now that
Nelson's attorneys had outlined their case,
he said, the probabilities for conviction
are greatly increased. Referring to the at
tempt to establish an alibi, Mr.. Clements
thought 1t could be knocked all to smash
in the next hearing.
Matter of Securing Jury.
The attorney was asked about the prob
able difficulty of getting a jury without
previously formed opinions as to the guilt
or innocence Of Nelson for his trial at the
next term He admitted that the details
of the charge had been thoroughly venti-
lated. and that nearly every one in the
county had formed some opinion He
thought, however, that a change of venue
would not be necessary. as the court could
be petitioned to call jury from Fairfax
Loudoun or Prince William counties or
from Alexandria city.
Nelson case Attorney Richard c. L. Mon
cure of Moncure & Machen. counsel for
John Tighe, charged with being an accom-
plice of John Nelson In the Jackson City
fire, asked the court for postponement Of
his case until the next term Mr. Clements
however, suggested that next Monday be
set for the hearing, which was granted by
the Judge. In the discussion Mr.. Moncure
said he thought the trial would last week,
as the defense would place at least twenty
one witnesses on the stand.
The proceedings which terminated this
morning have attracted much attention
both in the District Of Columbia and Vir-
ginia. while the attendant circumstances
prior to the hearing were startling and un-
usual. Shortly before II o'clock the night
Of July IA the gambling district Of jackson
City was wiped out Of existence by a fire
which spread rapidly from one frame build
ing to another. A few days later Frank
Foster, one Of the owners, swore out a war
rant for the arrest of John Nelson. When
sought in the county by Sheriff Palmer he
could not be found, and 1t was some time
before he was arrested In Washington on
reQutsition papers secured from Gov. Mon
tague. John Tighe was also arrested
charged as above stated. He was less for
tunate than the principal defendant, as
Nelson was admitted to bail, while Tighe
has spent the time since in jail.
NA1o