The Washington times., 1902-09-24
No Witnesses Produced
and Verdict of Not
Guilty Results.
COMMONWEALTH PoWERLEss
Could Not Compel Non Residents of
Virginia to Attend Court-Expected
Other Indictments Will Be Nolle-
Pressed and Tighe Also Acquitted.

Inc Nelson al: ,iial came to
sudden and sensati, "a termination yes
teroay at the Alexandria county court
mouse. tie proscc~;ion not being abl
70 produce p dence against tn
prisoner. al. ~ acQuitting hin
after a DELFT, or five minutes
Inc trial. which was begun Monda,
morning. the first day being consumed
In empanelfng the jury. was the sec
ono attempt to convict John C. Nelson
OF the charge of burning the polio,
snop OF Frank Foster and Charles San.
oerson. at jackson City. on the nigh,
oi July IA last. In the first, The jur,
was unable to agree. Through the non.
appearance yesterday of the States wit.
nesses there seems little probability
OF the State obtaining conviction
though there are nine other indict-
menss charging arson pending against
the defendant.
The remaining indictments charge
Nelson with being responsible for the
burning OF buildings which we're ignited
from the policy shop fire. The charge
OF which Nelson was acquitted yester-
day was regarded as a test case. 1t is
generally believed that the manner in
which the case ended will result in the
other indictments being nolle pressed.
Spent Night in Jail
In the event the State decides to con-
tinue the prosecution. Nelson will be
arraigned Moneay. October 81, the frst
day Of the October term of court. on
the charge of burning the house of
George Myers. at Jackson City. that
being the next indictment against him.
Pending this hearing, Nelson has been
released on bonds in the sum of 1000.
1t was expected that he would be re-
leased yesterday. but the non-appear-
ance OF one of his bondsmen compelled
him to pass the night in Jail.
No cause could be assigned by the
Commonwealth yesterday why its wit
nesses failed to appear to testify
against Nelson. They are the same
witnesses who gave evidence in the for
mer trial. which resulted the hung
jury, and as most of them live in the
District of Columbia, there was no
process of law by which they could be
compelled to put in an appearance.
Their failure to appear came as sur
prise to the Commonwealth, as we'll as
to the defense. Witnesses for the de-
fense arrived at tie courthouse about
the time the triat closed and were dis
missed. as their services were not
needed.
Case of John Tighe.
The case of John Tighe. charged with
completely in the burning of the Jackson
City gambling joints, was set to take
place Immediately after the Nelson trial.
Tighe. who has been confined in the Jail
since his arrest July IL. was brought into
the court at the close of the Nelson
trial. The Commonwealth Attorney
stated that the witnesses against Tighe
were practically the same as those
against Nelson, and asked for continu-
ance of the case until the next term of
court. Attorney Moncure, who repre-
sents Tighe, stated that the defense was
ready to proceed al once with the case
and asked that the court so rule. The
case was finally set for next Monday
morning. 1t is probable that the ending
OF the Nelson case will result In the ac-
Quittal of T!ghe. The evidence against
the two men is practically Identical. and
the failure of the prosecution to con
vict one would logically result in the
liberation of the other.
When court convened at 10 o'clock yes
terday morning Commonwealth's Attor-
ney James E. Clements arose and stated |
that the State found itself In a most |
embarrassing situation.
Not one of our witnesses is pres
emit he said. We fully expected them
TO be here today and they had given |
us every assurance that they would be-
There is no legal proceeding by which
We can compel them to appear. as they
reside outside of the jurisdiction of the
court"
Wanted Continuance.
Mr.. Clements then asked an order of
the court granting a continuance until
morning that the State in the
meantime might make an effort to have
the witnesses attend.
The court inquired what effort had
been made to have the witnesses pres
ent. Mr.. Burke. for the prosecution.
said that every effort had been made.
that the witnesses had announced them
selves Monday as ready to respond and
that their non appearance was sur
prise to him. He Joined the Common
wealth's' attorney in the assertion that
the State had done its duty and in ask
Ing for continuance.
Mr.. Shillington Asks a Verdict.
Attorney Joseph Shillington. for the
defense, then addressed the court. He
,aid:
Your honor, the defense is fully pre-
pared to proceed with the case at once
Ind had fully expected TO do so. We
have summoned twenty witnesses and
hey can be produced at any time. This
3 not the first time that such condi-
ion as this has obtained in court of
Justice. In view of this and the fact
hat the defense is ready TO join issue
II once, / ask that a verdict of not
yuilty be returned"
Attorney Bendheim Joined him in this
eQuest.
The court inquired IL the prosecution
,ad any assurance that the witnesses
ould ever be produced. Mr.. Burke and