The Washington times., 1902-08-12
John c. Nelson Remand
ed to Jail to Await Trial,
on August 25.
ENTERS PLEA OF NOT GUILTY
Counsel for Defense Enter Similar Plea
for John Tighe - Order Forfeiting
Surety of Accused Set Aside-Legal
Status of Grand Jury Upheld.

The case of John C. Nelson. who was
arraigned before Judge Love at the
Alexandria county courthouse yester-
day on the charge of having caused the
fire at jackson City on the night OF
July IA last. was continued until Au-
gust 25. and Nelson was remanded TO
Jail without bail.
When the court opened the first mat
ter to engage its attention was the con-
sideration as to whether Messrs. Will
liam Duncan and John Harlow, Nelson's S
bondsmen. had forfeited their surety
amounting TO 5000, through Nelson's
non-appearance on August I, the day
originally set for his arraignment. Mel
son who was indicted by the special
grand jury on ten counts, was released
from Jail after that action, Messrs'
Harlow and Duncan furnishing bonds.
Upon his failure to appear last Thurs
day Judge Love declared the bonds for
feited. H
Bail Forfeiture Order Set Aside.
When the case was called yesterday
and Nelson had been brought into court
Attorney R. Walter Moore, of Fairfax,
who. together with Messrs. Charles
Bendheim and Joseph Shillington, OF this
city, represented the defendant, moved
that the order for forfeiture be dis
missed. He said that Nelson had not
intended evasion: that he had given no
trouble to the Commonwealth, and that
T. IN ndx hpfpr.a GtindOwn OF the
day set for his arraignment.
Commemorative Attorney. James E.
Clements replied that the State had
been placed in a most embarrassing po>
sition by Nelson's non-appearance.
After listening to the arguments on both
sides the court ordered that the for
feiture rule be set aside on payment OF
costs. as it was clear that Nelson hac
ahsented himself from court under a
misapprehensicn.
Status of Grand jury Upheld.
Mr.. Moore then entered the plea that
the special grand jury which returned
the true bills against Nelson was not
qualified to sit. The argument was made
that the jury was summoned Illegally
because the members were not quail
fed voters under the new constitution
of the State of Virginia. Counsel for the
defense claimed that until the registrS-
tion books are made out, under the new
constitution. it could not be determined
what citizens were legally entitled to
vote. After lengthy argument on both
sides, the court ruled against the con-
tention of the defense: deciding that the
jury had been legally impanneled and
that the prisoner should be held.
The clerk then read the indictment
and Nelson entered plea of not guilty.
Pleas of not guilty were also entered
by counsel for the defense in the cases
against John Tighe. the alleged accom-
plice of Nielsen. The case of Tighe Will
come up at the same term of court as
that of Nelson.
Case Continued Until August IS.
Attorney Moore then asked for con-
tinuance until the August term of court.
Attorneys Edmund Burke and Samuel
Brent, who assisted Commonwealth At
torney Clements in the prosecution of
the case, stated that the prosecution
was ready to 20 to trial at once. and
demanded that the case be tried today.
The prisoner presented an affidavit,
stating that in the short time allowed
he could not present an adequate de-
ItHSt, anu lllt NOuIb AttluCN lhaN Aiit
case should be continued, as stated
Mr. Shillington moved that the orig
inal bond OF $4,000 be renewed and that
Nelson be released until the date set
for his trial. The prosecuting attorneys
opposed this motion. Sheriff Palmer was
called to the stand and he told OF hav-
ing received a telephone message from
the prisoner, Thursday afternoon, say
ing that he had misunderstood the or
der OF the Judge and Offering to surren-
der himself into custody.
Nelson Remanded to Jail.
Nelson was then placed on the stand
and said that he did not attend court
last THURSDAY because he had been in
formed that his presence was not neces-
sary. He said that he had no thought OF
jumping his bail.
The court announced that the appli-
cation OF counsel for the defense for bail
was denied, and Nelson was taken back
TO jail.
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