Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-22
JOHN NELSON'S TRIAL
REHEARING ON CHARGE OF AR
SON BEGUN THIS MORNING.
Jury Secured and Counsel Addressed
the Court in Review Of the
Charges.

| The second trial of John Nelson, indicted
for the burning of several gambling houses
In jackson City the night of July IA, opened
| this morning at II o'clock before Judge
| James NJ. Love in the Alexandria county
| court, with a large crowd in attendance.
| The preceding hour was taken up with
| statements to the court and discussions be-
| tween counsel relative to a postponement.
| Mr.. r. Walton Moore of counsel for the de-
| Tense was absent, but the associate counsel,
| Messrs. Joseph Shillington and Charles
| Bendheim, represented the defendant.
| Messrs. Samuel G. Brent and Edmund
| Burke appeared as associate counsel with
Commonwealth Attorney James e. Glenn
ents.
| Mr.. Bendheim stated that the defense was
ready for trial. but would go into it re-
| luctantly without the assistance of Mr..
| Moore.
Mr.. Burke 6isclaimed any desire on be
! half of the commonwealth to force the de-
Tense. and sugge sted that the case be post
poned for few days. He thought the case
of John Tighe, indicted for practically the
| same offense, could be taken up in the
meantime.
This was opposed by Nelson's counsel.
| who made it plain that they really wish' d
| to proceed this morning 1t was stats d
that Mr.. Moore was engaged before the cir
cult court in Alexandria, and would not be
able to attend the county court for several
days.
1t was conterded by counsel for the state
that there was an impression that the de-
PENDANTS counsel would ask for post
ponement today. Finally counsel announced
their readiness to proceed. and the work Of
| impaneing jury was commenced.
| Difficulty in securing twelve men from
Alexandria county competent to sit on the
| case had been anticipated and more than
| thirty men had been summoned from which
| to select the jurors. At the outset con-
! qualifications of jurors. 1t was argued by
| Mr.. Burke that the ruling of a higher
court to the effect that man is a
| competent juror if after having expressed
an opinion he states he has no prejudice
against the prisoner and can give MIN a
| fair and impartial trial
Judge Love so held and the examination
| proceeded.
Most of those questioned had formed
! opinions from conversation and the reading
| of newspaper accounts of the first trial.
Several were dismissed on stating that thelr
| views would not yield to evidence. but those
who said their opinions admitted of re-
versal were accepted.
Mr.. Weadon Excused.
An admission made by w. c. Weadon Of
Jackson City dNing his examination by
Judge Love caused considerable amuse-
ment. The attorneys for the common
wealth were contestng Mr.. Weadon's eli
| gibiity when one of them asked If he had
not offered to mako wager on the re-
| suit of the trial. He could not recall this,
! but said he had stated that if he were on
| the jury ne would clear Nelson and give
| him a thousand dollars to burn down the
rest of the gambling places Mr.. Weadon
| was thereupon excused from jury service.
The jury, finally agreed upon. was COM
! follows. Andrew Cheshire Fred
| Hoenstine w. S. Sanborn, William P. Bos-
| well, Peter I. Birch, Harry West, George
| Marcy, f. 3. Scanland, w. l. Graham,
| John f. Marcher and Henry S. Lacey.
| At l o'clock a recess was TAKEN and upon
| recOnvenng the court was addressed by the
commonwealth attorney, who outlined the
| proposed plan of the prosecution. Mr..
| Clements said witnesses would be placed
on the stand to connect the defendant with
the burning at Jackson City. He spoke at
considerable length and was followed by
| counsel for the defense.
The indictment under which the trial II
being conducted charges Nelson with hav-
ing set fire to a frame house belonging to
Frank Foster and Charles E. Sanderson in
Jackson City the night of July A. about IL
i o clock. There are nine other indictments
pending against the defendant for the burn
ing Of several other gambling places. which,
| 1t is alleged, took fire from the one above
| referred to.
The defendant has been confined in the
county jail most of the time since he was
taken into custody. Twice the effort of his
counsel to secure bail for him has been
successful, but in each case the succeeding
days of liberty were few. Soon after the fire
| a warrant was sworn out for the arrest of
Nelson for causing the fire. Sheriff Palmer
| could not find him in the county, and upon
| being notified that he was in Washington
the county authorities appealed to Gov.
| Montague for requisition papers, upon
| which he was arrested.
Court Refuses to Renew Bond.
The first application of Nelson's counsel
for bail was successful, but later Judge
| Love refused to renew 1t, owing, 1t is said
partly to the failure of the defendant to ap-
pear in court when his case was set for
hearing. Subsequent to the mistrial in Au-
gust Judge Love again refused application
for bail. An appeal from this decision to
the circuit court was noted. Thursday last
Judge Nicol admitted Nelson to bail in the
sum of $4,000. The amount was secured
and the accused has been at liberty until
this morning. The commonwealth has sum-
| moned q large number of witnesses the ex-
animation of whom will probably take up
the entire session of the court tomorrow
1t was late this afternoon before the pre-
sentation of both sides had been made to
the jury.
The cases of Anthony Simmons and EIvin
j. Marcy, charged with felonious assault in
Rosslyn about two months ago, were called
this morning in the Alexandria county court
and continued. There was an understand
ing between the court and counsel that the
cases might be called for trial before the
end of the present term. Mr.. S. G.. Brent
represents Simmons and Marcy will be de-
| Tended by Messrs. Moore and Keith
| The defendants are charged with implica-
ton In the trouble at Rosslyn which resulted
in the destruction of a saloon operated by
| James A. Geary. The case of the last
named, charged with attempted murder,
| was also continued.
Geary was accused Of shooting Private
Harry c. Pancoast, a soldier stationed at
| Fort Myer. Because of this suspicion his
saloon was wrecked at night by crowd
of soldiers from the fort.