Evening star., 1902-08-27
THE DEFENSE OPENS
\
Witnesses Testify in Behalf
of John Nelson.
TO PROVE AN ALIBI
THE EVIDENCE FOR COMMON
WEALTH CoNTRADICTED.
Defendant Said to Have Been in
Washington Saloon the Night of
Jackson City Fire.

Several witnesses for the defense in the
trial OF John Nelson. indicted for arson,
were examined In the Alexandria county
court today, Judge ]. NJ Love presiding,
Much of the testimony was INTRODUCED with
the avowed purpose of contradicting state
ments made by witnesses for the common
wealth Monday and Tuesday. The testi-
mony of Orange McNea1 an employe of the
Pennsylvania railroad was used for the pur-
pose of establishing an alibi. He swore to
having seen the accused man in buggy
at the north end of Long bridge ten min
utes after having noticed the fire, and other
witnesses made statements along the same
line. The proceedings were rather slow and
tiresome, although the many spectators who
had been in attendance the preceding days
of the trial were on hand this morning. AS
usual, Mrs Nelson and several relatives OF
the prisoner occupied seats close to his
side, just outside the bar.
Charles w. Smith Of Washington, who
fishes on the Potomac for a living, was
the first witness called by the defense this
morning. The purpose for presenting the
witness was to contradict the testimony
given Monday afternoon by William J.
Smith, the bus driver, concerning the al
legged movements of John Nelson at jack
son City the night of the fire. Smith swore
that he had met the former witness about
week after the burning, when he asked
"out of the way in connection with the
Jackson City fire, to which Smith made a
negative reply.
Recalls a Conversation.
Edward B. Hewes, residing at 1925 B
street southwest, Washington recalled a
conversation with the Jackson City bus
driver the morning after the fire, in which
Smith had denied with an oath that Nelson
had anything to do with the matter, de-
claring that the defendant was in Washing
ton at the time in question.
Orange McNeal of 6;sS street south
west, Washington. who is employed at the
signal towers Of Long bridge by the Penn
sylvania railroad saw Nelson pass the north
end of the bridge in a buggy with another
man about ten minutes after the witness
had noticed the flames. Nelson was going
south. This was at 1885 pm.
Frank E. Frere,-a produce dealer. whose
home is at 1437 C street southwest, Wash
ington, the next witness called. He
was with Nelson, he stated, the afternoon
and evening of July IA until 1890 clock
At that time they separated, but the wit
ness could not tell where Nelson had gone.
These statements were subStantfated by
the testimony of Charles H. Druckenmiller
Of 314 18th street southwest, Washington,
a plate printer employed in the bureau Of
engraving and printing. who swore that
as 1920 the night of July IA. So, also had
William J. Wright, a plate printer, who
lives at 12o Hickman street southeast. and
Frank B. Clarke, plate printer Of 1924
street southwest.
According to the statements of these wit
nesses they had met Nelson in saloon on
14th street southwest the evening Of the
fire and had remained in his presence until
1890 at least. The last named witness
thought it likely that he had seen the de-
fendant several minutes after the time men
toned by the others.
Under examination conducted by
tatp re
repeated without exception. At the time
he left the Saloon, Clarke stated, Nelson
was there and showed no evidence of leav-
ing. AS the witness went out he saw no
vehicle about the place
Nelson's Sudden Illness
Owing to the sudden illness of John Mel
son this afternoon about l o'clock Judge
Love adjourned court at that time until
tomorrow morning. Nelson appeared in his
usual health when he took his seat in the
court room this morning, but fever, sup
posed to be due to malaria developed dur
Ing the day which rendered medical atten-
ton necessary. 1t is believed the attack Is
only temporary, and that he will be able
to appear in court tomorrow morning
Corroborative evidence tending to estab-
lish an alibi was given by the last two wit
nesses called this afternoon. They were
Maurice w. Thompson and William c.
Schafer, both of Washington. Attracted by
the blaze from the Jackson City gambling
buildings, they went to the north end of
the Long bridge about 1890 o'clock the
evening In question. While there each of
them said, they saw Nelson drive south in
buggy with another man. When he passed
1t was 1O:35 O clock, and the buildings had
been burning about ten minutes.
Proceedings Yesterday Afternoon.
The proceedings in the case yesterday
afternoon after The Star report closed were
brief. Following his direct testimony, Jas
La Fontaine was cross-examined by Mr.
Moore. The questioning ELECTED the state
ment that the accused man was financially
interested in the property destroyed. In
fact his loss was stated to be as great as
that of La Fontaine, Foster and Sanderson.
This was considered point of value for
the defense, as 1t tended to show that Nell
son could have had desire to burn the
buildings. short time prior to July IA,
the witness stated, Nelson had unfolded to
his associates plan for the establishment
of gambling house at Rosslyn- La Fon-
taine denied that he had said anything
about prosecuting the defendant for finan-
cial considerations.
Other Testimony.
Charles E. Sanderson, a former partner
OF the defendant. and William H Palmer,
sheriff Of Alexandria county, were also
called by the commonwealth. The former
swore that Nelson got about 500 per week
as his share of the earnings of the gambling
enterprise at Jackson City conducted by
Nelson. Sanderson and Foster. The policy
shop, Sanderson stated, was built by the
three men named, and was valued at $500.
Sheriff Palmer told of the trouble he had
experienced in making the arrest. Nelson
was secured in Washington on requisition
papers from Virginia after he had been
sought several days. Nelson. however,
made protest against accompanying the
sheriff.