Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-18
PLEA FOR RELEASE
JOHN NELSON'S PETITION FOR
PERMISSION TO GIVE BAIL.
Witnesses Called by Counsel for the
Commonwealth-Def to
Be Heard Later.

Argument on the petition Of counsel for
John Nelson, who is charged with arson,
for his release on bail was commenced at
II 80 o'clock this afternoon before Judge
Charles E. Ncol of the Alexandra coun-
ty circuit court The hearing came up on
an appeal from the decision of Judge James
NJ. Love of the county court September A.
Nelson was brought into the court room
looking none the worse for his confinement
Of several weeks. There was large crowd
present, among the spectators being Mrs.
Nelson, the wife Of the accused, and other
relatives.
The second trial of the prisoner has been
set by Judge Love to begin Monday MORN
ing next. Most of the interim separating
the two trials has already passed, and
should the case be opened Monday the sue
cess of the petition could only result in the
liberty of the defendant for three days, as
he would, Of course, be in confinement dur
ing the progress Of the trial. 1t was init
mated in this connection that the aim of
the defense in pressing the application for
bail Is to follow 1t up with motion for
continuance.
Attorneys R. Walton Moore of Fairfax
and Charles Bendheim Of Washington ap-
peared for the prisoner Their associate,
Attorneys Edmund Burke of Washington
and Samuel G. Brent Of Alexandria assisted
the commonwealth attorney.
Witnesses Called.
The court directed counsel for the state
to proceed first. Without wasting time in
preliminaries, Commonwealth Attorney
Clements called William J. Smith, bus
driver. to the stand. This witness was one
of the most important for the prosecution
in the trial Of Nelson. Today he repeated
his testimony given then. 1t was to the
effect that he had carried John Nelson over
to Jackson City the night of July IA before
the fire broke out. He said ne had heard
Nelson ask John Tighe If he had any oil, to
which negative reply was made, it was
stated, together with the information that
Nose might have some
Upon being questioned by the court, Smith
said he had made no attempt to extinguish
the fire and had seen no such attempt made
by anybody
Five minutes later the witness saw John
Nelson emerge. He walked to a point a
short distance away and watched the raw
ages of the flames.
Under cross-eXamination by Mr.. Moore
Smith said he did not know what sort
of business was conducted in the burned
building Neither was he aware of any use
OF the houses as places of residence.
William Tippett's Testimony.
William B. Tippett. another vehicle driver,
La Fontaine in conversation the board
walk in Jackson City before the fire. He
saw Nelson go alone into the policy shop,
the first house destroyed. A few minutes
later, Tippett stated, Tighe came out of
the building carrying a bundle of bed
clothes.
Walter A. Lovelace. physical director
living in Washington, was placed on the
stand and swore to having seen Nelson
come out of the policy shop just before the
fire was observed. Frank Foster, one of
the owners of the burned building, also
testified. He said that on two occasions he
had seen John Tighe sleeping in the house.
When pressed for a positive statement on
this point the witness said that Tighe was
supposed to stay at the place all night. He
was not a night Waterman, he stated. AS
much depended on the question as to
whether the houses destroyed were used for
dwelling purposes the attorneys stubbornly
contested this point.
The hearing was still in progress when
this report closed.