The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-08-29
lLIBI WITNESSES not 2HAKET
Today Taken Up With Law
yerS' Arguments on Point
DECISIONS FoR THE DEFENSE
The Opening Argument to jury Begun
Shortly Befo.e ; o'clock By Mr.. Brent
Case Not Expected to Go TO jury Ba-.
fore Tomor-ew Afternoon

The evidence in rebuttal offered 5y the
prosecution today in the Nelson case on
hearing in the Alexandria county court
house. was nearly al ruled cut. Several
attempts were made - Introduce Wit
T. aIIbi witnesses CT the defsBze- bur Judge
Resses and documents TO discredit the
Lore declared sEsm inadmsssible IN ev-
cry instance. except enc
Although nunfber OF witnesses ware
introduced by the prosecution in he
direct testimony, who swore positively
tc seeing Nelson at Jackson City at the
time Of the Ere. twelve witnesses we're
equally positive IN swearing that Nelson
was IL washington at the time The
possibility of tho Governments Witness
es being mistaken at time when ez-
Icitement reigned is commented on. and
an sequftta1 is confidently looked for BY
Nelson.
il was aearf. , O'clock this afternoon
when the opening argument for the Gov
ernmeut was begun by Mr. samuel G.
Brent. Of Alexandria. i Is not thought
ttat the case viii reach the Jury before
tomorrow afternccH
Witnesses II RebuttaI.
The morning session Of court began
at 9:s9. The proceedings dragged slow
y and we're devoid Of any sensational
( interest. The jury was retired tre-
quently that the counsel might advance
1 arguments or various points Of law
The first witness called IN rebuttaI By
+ the prosecution was William J. Smith.
the bus dmver. who testified Monday to
: having carried Nelson TO The scene oE
tie fire on the night of-Jaly II Edward
{ Howes had testified that on the mora
+ ing Of July Is Smith said IN his hearing
at AIman's saloon Fourteenth and G
Streets southwest. that Nelson could
have had nothing TO do with the FIRE as
4 Nelson was il Washington at the time.
Smith was called by the prosecution FOR
the purpose OF rebUtti1g the testimony
OF Hewes and imP>aehiRg that witness.
Witness Objected to.
The attorneys for the defense object
ed 10 the prosecution placing Smith on
the stand en- the ground that he could
not be properly examined on rebuttaT
testimony bat that the prosecution
should have brought his story cut fully
on redirect examination
Judge Love ordered the jury be re-
tired from the room and Nessrs. Brent
and Burke for the prosecution and
Bendheim ShiI1ingtcn. and Moore for
the defense, argued al length as TO the
propTiety of replacing Smith on the
stand Judge Love finally ruled that
Smiths testimony was not admissible
in rebuttal. and when the jury was re-
called the witness vas ordered 20 stand
aside.
Attorney Burke then offered in e7i-
Gence Washington paper Of July f5.
the day after the FIRE The prosecution
desired to re5Ut the testimony Of
Hewes, who swore that on that morn
ing stranger who vas reading the
paper in Alman's saloon, where HeSes
tends lar, made the remark that Nei-
son was likely 10 be arrested as the
alleged irabug- Eewes further stated
that William J. Smith al that moment
entered the bar and in reply 70 the
Strangers remark said it vas not true.
EewspaPe. Not Admitted.
The inference. il was said, was That
The strangers remark about Nelson
was inspired by something he had seen
in tEc paper. The paper of that morn
+ ing contains no statement throwing sus-
picion on Nelson. The prosecution de-
sired 70 introduce the paper 30 impeach
the evidence OF Hewe5, the theory being
that il his testimony in regard % the
Strangers remark were un5rue. his
whole evidence would lalL
Judge Love ruled the paper not ad-
Missile as evidence IN rebuttaL
SyEoey Wiley of 2I33z z Street nerth-
west Is fre-alarn operator in the
employ OF the District FIRE Depart
rent He testified that he had received
the first irjinatioL OF the Jackson City
Ere by telephone at 1880 O'Clock on the
might Of July IL
He testified cn cross-examinGtion that
nc did not knew how long the FIRE had
cen in progress before he received ths
I 'phcne message
The next witness was James II. Hey
wood. a Tolleyman on the Washington.
Alexandria and Mount Vernon Railroad.
he testified that he was on duty on the
night Of tna IRE. He said his train was
! scheduled to mass Jselsor City at 1922
tCaHtiaved On sixth Page.)