The Washington times., 1902-08-30
Hung Jury" Not Consid-
cred Improbable it
Arson Case,
FATE WILL SOON BE KNOWN
Instructions Are Prepared and Judge
Love Will Submit the Case This Aft
ernoon-Speculation as to Verdict, If
One Is Reached.

The indications are that twcnty-four
hours will be sufficient to determine the
fate of John C. Nelson. charged with
the burning OF the alleged gambling
houses at Jackson City The jury which
has listened 20 the evidence since Mon.
day morning. will within that time en-
ter upon the deliberation OF the testi-
mony introduced. 1t is generally be-
lieved the case will be submitted this
afternoon.
The final evidence il the case was
presented yesterday. and the argu-
ments OF the counsel are expected to
be finished by O'Clock this afternoon.
AS soon rs the court is convened at $50
o'clock this morning instructions vii!
he presented TO the jury. after which
the case will be argued
The preparation OF the instructions
and the arguments as 10 their legality
occupied the day yesterday from II
o'clock in The morning until court ad-
jcurned in the afternoon. 1t had been
decided that the argument of the case
should be opened for the prosecution
yesterday afternoon by Attorney Sam
Vel G.. Brent, but by the time the terms
OF the Instructions had been satisfac-
torilv arranged By the opposinr coun-
sci, the judge decided that it was time
tc adjourn.
The time of argument is limited by
agreement to three hours on each side.
Mr.. Brent will open for the prosecu-
ton. and will be followed by Attorney
Charles Bendhsim, the first speaker for
the defense.
May Hot Agree.
The case which will be passed UP 10
the twelve citizens of Alexandria coun-
L wko comprise the jury offers many
difficult phases, and a hung jury" is
rot an unlikely event.
me prosecution has put witnesses on
the stand who have sworn in positive
terms to having seen Nelson either
coming out or going into the policy shop
directly before or after the fire. On,
witness. James La Fontaine, partner of
Nelson in one of the alleged gambling
Ell enterprises, testified that Nelson ha
practically admitted his guilt to him
after the fire.
On the other hand the defense has
produced witnesses who have sworn pos
itively tc an alibi, alleging that they
saw Nelson in this city at time that
would absolutely render II impossible
for him to have applied the torch 10
Jackson City. Evidence which the de-
fense sought to introduce tending TO
show a conspiracy of gamblers to do"
Nielsen was ruled out by the court.
Nelson, though evidently still suffer-
ing from the fever which compelled him
to leave the courtroom on Wednesday,
appeared more encouraged and hopeful
yesterday than at any previous time dur
ing the trial. His friends base their
predictions of an acquittal on the hope
that the alibi evidence produced by the
defense has created reasonable doubt
of his guilt in the minds of the jury.
According TO the instructions which the
court will present to the jury the men
who compose it must give the prisoner
the benefit of whatever doubt exists In
their minds.
The prosecution introduced several
witnesses in rebuttal of testimony ad-
vanced by the defense yesterday. The
proceedings dragged slowly, and were
devoid of sensational interest. Lengthy
legal arguments consumed much time,
and the Jury was frequently excluded
from the courtroom that the judge might
listen TO authorities and render decis-
ions on disputed points.
The first witness called in rebuttal
by the prosecution was William J.
Smith, the bus driver. who testified on
Monday to having carried Nelson to
Jackson City on the night OF the fire.
Smith was called TO refute the testi-
meny of Edward Hewes. who testified
for Inc defense that Smith had said in
his hearing on the morning after the
fire that Nelson could have had nothing
TO do with the fire, as the defendant was
in Washington at the time it started
Smiths Story Barred.
The defense objected to the introduc-
tion of Smiths testimony as evidence
in rebuttal, holding that the prosecu-
tion should have fully drawn out his
story of the fire and Nelson's part in 1t
on the redirect examination. The court
sustained the objection, and Smith was
allowed to stand aside.
The prosecution then endeayored TO
introduce a copy OF a local paper OF
July Is the morning after the fire,
seeking to further impeach the testi-
mony OF the witness Hewes. The court
ruled this not admissible as evidence.
Sidney Wiley, a fire alarm operator in
the employ Of the District Fire De-
partment. residing at 2l312 street
northwest, was then called. He testified
that he had received the first official
intiriation OF the fire at Jackson City
bv telephone at 1880 o'clock on the
night of/July II. On examination
he said that he could not state of his
owr knowledge how long the fire had
been burning before he received the
message.
The next witness was James H. Hey
wood a trolleyman on the Washington,
Alexandria and Mount Vernon Railroad.
He testified that he was on duty on the
night of the fire. He said his train was
scheduled to pass Jackson CITY at 1922
n. m He was asked the question
whether there was any fire at Jackson
CITY at that time on the night of the
fire.
The defense objected to the question
and the Jury was again retired that the
counsel might argue the question of its
ndnissibility as evidence. This was
done hy the attorneys on both sides at
length.
Haywood Saw No Fire.
The court ovcrruled the objection ana
the question was asked again as to
whether there was any fire when he
passed At 1920 p m, July H.