Evening star., 1902-08-30
REACH JURY TONIGHT
Case of John Nelson, Charged
With Arson.
COURT DEFINES LAW
LAWYERS FOR BOTH SIDES MAKE
ARGUMENTS.
Tilt Between Counsel Over Question as
to Who Shall Make
Closing Address.

jury to determine the fate OF John Nelson,
charged with arson. Whether he will he
acquitted or whether a term OF from three
to ten years in the state penItentiary VIII
be his portion will not be settled untl the
twelve Of his fellow citizens who have lis
tened TO testimony and argument since Mon
day morning render their verdict which is
expected this evening However, the Ina
bility OF the jury to agree is rot an un-
looked for contingency. When The Evening
Star report closed this afternoon the final
arguments were in progress and nearing
conclusion. according to the time limit OF
six hours set by the court
Attorney r. Walton Moore. for the de-
fense. was making the final presentation
for his side about 2:30 pm. He followed
his associate, Attorney Joseph Shillington
AT the close of Mr.. Moore's argument Com
monwealth Attorney Clements will make
tne closing address. when the case win be
given to the jury
Counsel carefully reviewed all the i'm
portant evidence that had been presented
during the proceedings. Strong arguments
were made by the defense to convince the
jury that an alibi had been established. or
that the evidence along this line was amniy
sufiicient TO set up a reasonable doubt as
10 the quit OF the prisoner. Opposing couu-
sci rehearsed the statements OF a number OF
witnesses. who swore that Nelson was in
Jackson City before the fire, claiming that
the effort to prove an alibi had thereby
been defeated, and, furthermore. that the
gullt OF the accused was established.
AT the court house this afternoon there
was general impression that consider
able time will be consumed by the Jury In
considering the case.
Judge Loves Instructions.
When the court opened this morning at
$50 Judge Love read to the jury the in
structions which had been argued and Sc
lected yesterday. He Informed the Jury
that the burden Of proof rested upon the
commonwealth and that the prisoner should
be dismissed If the evidence produced a
reasonable doubt as TO his guilt On the
other hand, the court made several In
structions, prepared by the commonwealth
in regard to the conviction OF the prisoner
II the evidence against him was considered
sufficiently strong.
Attorney Samuel G, Brent of Alexandria
began his argument for the prosecution at
3;4o. The commonwealth, he said had to
prove that the defendant had really burned
the building Of Frank Foster and Charles
Il. Sanderson In Jackson City the night OF
July IA. 1t had been proved he said that
the property was worth more than 500.
The whole matter, Mr. Brent declared resi-
ed on the evidence for and sgainst ar alIbi
If the jury considered the contention of de-
fendants counsel on that point as estab-
iished Nelson should be acquitted, but IT,
on the other hand, the proof were not con-
sidered sufficient he should be convicted
Referring to the testimony of several witt
nesses for the defense as to seeing the de-
Iendant in a Washington saloon as late as
lu;5o clock the night of the fire, the at
torney asked the jury to remember that the
correctness Of the timepiece referred 10 had
not been established.
Taking up the testimony OF Orange Nc
Neal. who said he saw Nelson on the Long
bridge before the fire. Mr.. Brent ayerrad
that 1t had been directly contradicted by
several trainmen, who We're placed on the
hx .1.a. nh
mony of Burke, an employe of Nelson, was
declared contradictory and Incredible be-
cause. 1t was alleged, he had gotten the
dates he mentioned hopelessly mixed
Mr.. Brent asked the jury to ignore the
declarations Of the bartender Hewes on
the ground of incredibility, with which the
speaker dismissed the testimony for the de-
Tense, and reviewed that of the common
wealth. He declared that the presence Of
Nelson in Jackson City before the fire had
been proven by the statements of Walter
h Lovelace. William J. Smith. James La
Fontaine and many others. IL had been
futher proved by several witnesses he said
that the defendant did set fire to the house
In question. Mr.. Brent concluded his
speech by asking for a verdict OF guilty.
Mr.. Bendheim's Argument.
He was followed by Charles BendheIm Of
counsel for the defense. Mr.. Bendheim pro-
ceeded to dissect the testimony of the state.
declaring that most OF 1t bore on its face
the mark of falsity. La Fontaine he said.
when on the stand reminded him OF the
proverbial VILLAIN in the play" and he
asked the jury not to believe this mans
testimony because he was alleged to be one
Of the combination Of Alexandria county
gamblers against the prisoner at the bar
Mr.. Bendheim referred to the testimony OF
several plate printers in the employ OF the
government at the bureau of engraving and
printing, which. he alleged. conclusively
proved that the defendant was IN Wash
ington when the fire started.
At the conclusion of Mr.. Bendhelm's
EFFORT a difference occurred between oppos-
ing counsel as to the method of concluding
the arguments. Commonwealth Attorney
James E. Clements arose TO address the
jury. but he was Interrupted by Mr.. SnIl-
lington. who remarked that he thought 1t
an unusual procedure for the prosecuting
attorney not to close for the state. Mr..
Moore addressed the court on this point.
referring to precedent He alleged that II
was the almost invariable custom OF a state
attorney TO close the presentation In GRIM
inal proceedings. He said II was evident
that Attorney Burke would make the
lengthy and important speech. Mr. Moore
gave notice that when the proper time ar
rived he would ask the court to allow a
reply to Mr.. Burke. The difference, how
ever was obviated by a decision to follow
the regular order suggested by the COM
attorney.
MIR. Burke's Argument.
In opening Mr.. Burke said the wishes OF
opposing counsel as to closing had been ac-
ceded to by the state IN the utmost spirit
of fairness.
I'VE start out with the postulate that the
fire was OF incendiary origin" he declared
Further, he said. the jury had seen that
malice existed IN the breast of Nelson
against the owners OF the Jackson City pol
Icy shop. After attempting to show that
threats and denunciations had been made
against Foster and Sanderson by the de-
fendant. Mr.. Burke took up the evidence
given by Smith. the bus driver and sew
eral others who swore that Nelson rode
to jackson City the night of the fire on the
regular vehicle used for trips TO that place.
Continuing, the speaker said conclusive
proof had been adduced as to Nelson's hay-
ing set fire to the policy shop.
Every witness who was at the fire has
been brought before you and has testified
that Nelson was there at the time" Mr..
Burke told the jury. He charged that the
defense had brought no man to the wit
ness stand who was in jackson City when
4 y Sl,~~ A.